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Home My WebLink About2005 06-01 CHCAJUNE 1, 2005 MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION F."W14, Call to Order: 7:00 p.m. 2. Roll Call 3. Consideration of the Minutes of April 27, 2005 Meeting 4, Old Business a. Titles of Charter-defined offices la. Candidacy requirements and report of Commissioner Nelson 5. New Business a. Joint Chairpersons' Meeting with Mayor of May 25, 2005 6. Adjournment Report to the Charter Commission City of Brooklyn Center (Study of City Charter, Section 4.04, including discussion with the Clerk on May 13, 2005) BACKGROUND In order to encourage individuals who are eligible and desire to become candidates for an office to be voted upon at a municipal general or special election, the filing process needs to be as open as possible. At the same time, in order to discourage frivolous filings for office, a fee to cover the additional administrative work should be required. For cities under Minnesota Statutes 2004, 205.13 these concerns are both addressed in Subdivision 1 in that a potential candidate can file with the Clerk a completed Minnesota Affidavit of Candidacy (c£ Attachment) and pay a five dollar ($5) filing fee. The Clerk must also accept an application signed by not less than five voters and filed as a petition on behalf of an eligible voter whom they desire to be a candidate. However, the City of Brooklyn Center is governed by a charter -r self -rules provision from the State of Minnesota. [Need I remind you of the importance of our Commission.] Our current City Charter, Chapter 4, Nominations and Elections, only makes provision in Section 4.04 for candidates to file for office by affidavit and by paying a five dollar ($5) filing fee to the Clerk. HISTORY There has been a concern for some time in the City of Brooklyn Center about the filing process and the need to pay a fee. On the other hand, there has been a concern that our filing fee of five dollars ($5), based on municipalities of less than five hundred residents, is too small to cover the current cost of the additional administrative work needed to place a candidate on the ballot. As recently as July 12, 2004, in a City Council Study Session, a higher filing fee of between twenty -five ($25) and fifty ($50) dollars was suggested. On July 26, 2004, the City Council in Regular Session, addressed the issue. After a discussion by the City Manager, Councilmember Lasman moved, withdrew, amended and moved the adoption of Resolution No. 2004 -99; a Resolution Requesting Brooklyn Center Charter Commission to Review Section 4.04 of the City Charter by the End of 2004. The motion was seconded by Councilmember Carmondy. The City Council was split with Mayor Kragness breaking the tie in favor of the moved resolution. [While I believe that this Council action was out of order, the concern was well voiced.] At the next Regular Session of the City Council on August 9, 2004, Councilmember Lasman rescinded her previous motion of Resolution No. 2004 -99, by a moving the adoption of Resolution No. 2004 -108; a Resolution Rescinding Resolution No. 2004 -99 Requesting Brooklyn Center Charter Commission to Review Section 4.04 of the City Charter. The Page 2 of 2 motion was seconded by Councilmember Carmondy and the Council passed the resolution unanimously. Many Minnesota municipalities under a Class 2 Charter provision require the filing of an affidavit and the paying of a twenty -five dollar ($25) filing fee. The City of Minneapolis under a Class 1 Charter provision allows for filing by affidavit with a twenty dollar ($20) filing fee or filing by the petition of five percent (5 of those who voted in the previous similar election or five hundred (500) voters, whichever is less, petitioning on behalf of a candidate for city -wide elections; five percent (5 of those who voted in the previous similar election, petitioning on behalf of a candidate for ward -wide elections. The City Charter of the City of Brooklyn Park (Class 2) allows for filing by affidavit with a twenty -five dollar ($25) filing fee or filing by the petition of twenty -five (25) registered voters on behalf of the candidate. RECOMMENDATIONS Filmy Affiday�i (Revision of Section 4.04) Upon receiving a completed Minnesota Affidavit of Candidacv form and the payment of a filing fee of twenty -five dollars ($25) by a potential candidate [delete to the Clerk], the Clerk shall certify the eligibility of the candidate and place the name of the candidate upon the [delete primary] election ballot without partisan designation. Filing by Petition (Addition of new Section 4.05 and renaming the previous Section 4.05 as Section 4.06; or even visiting the revision of the entire Chapter 4, -g Section 4.02 and section to sections in the current Section 4.05) Upon receiving a formal petition, signed by not less than one percent (I of the registered voters at the last general election, filed on behalf of an eligible voter whom they desire to be a potential candidate, the Clerk shall certify the eligibility of the candidate and place the name of the candidate upon the election ballot without partisan designation. There shall be no filing fee required. June 1, 2005 ED NELSON Edward C. Nelson Attachment: Copy of Minnesota Affidavit of Candidacy MINNESOTA AFFIDAVIT OF CANDIDACY All information on this form is available to the public. Selected information will appearon the Secretary ofState's web site: www.sos.state.mn.us Please print or type. Name (as it will appear on the ballot): Office Sought Legal residence address (optional): Street address City, State, Zip Web site and /or e-mail address Campaign contact information (optional): Street address City, State, Zip Phone number For all offices, I swear (or affirm) that this is my true name or the name by which I am generally known in the community. If filing for a state or local office, I also swear (or affirm) that: I am eligible to vote in Minnesota; I have not filed for the same or any other office at the upcoming primary or general election; 1 am, or will be on assuming office, 21 years of age or more; I will have been a resident of this district for at least 30 days before the general election; and If a major political party candidate, I either participated in the party's most recent precinct caucus or intend to vote for a majority of that party's candidates at the next general election. If filing for one of the following offices, I also swear (or affirm) that I meet the requirements listed below: United States Senator I will be at least 30 years old and a citizen of the United States for nine years on the first Monday of next January, or if filled at special election, within 21 days after the election. United States Representative I will be at least 25 years old and a citizen of the United States for seven years on the first Monday of next January, or if filled at special election, within 21 days after the election. Governor or Lieutenant Governor I will be at least 25 years old on the first Monday of next January and a resident of Minnesota for one year on election day. I am filing jointly with Supreme Court Justice, Court of Appeals Judge, District Court Judge, or County Attorney I am licensed to practice law in Minnesota. My Minnesota attorney license number is State Senator or State Representative I will be a resident of Minnesota at least one year and of this district for six months on the day of the general or special election. County Sheriff I am a licensed peace officer in Minnesota. My Board of Peace Officer Standards and Training license number is School Board Member I have not been convicted of an offense for which registration is required under Minnesota Statutes, section 243.166. County, Municipal, School District, or Special District Office I meet any other qualifications for that office prescribed by law. Candidate Signature Date Subscribed and sworn before me this day of trict r Partisa udici e: Politic r irnciple >am o �su�ent Notary public or other officer empowered to take and certify acknowledgments. Rev. 4/00 Minnesota Statutes, section 20413.06 (Notary stamp) white copy Filing Officer yellow copy CFPD goldenrod copy Candidate pink copy Public Information City of Brooklyn Center CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home -Rule under the existing charter and Home Rule provisions in the state statutes. Commissioners serve a four -year term. Chairperson and fourteen members. Stanley Leino Chair 2005 7118 France Ave N (29) 763 234 -6137 e -mail: flyfinn7 @msn.com 3/13/97 3/11/09 James D. Holst 6107 Bryant Ave N (30) 763 -561 -0515 e -mail: BCKLIP @MSN.com 3/12/97- 3/14/05 Edward Nelson 5236 Great View Ave N (29) 763 -536 -8963 e -mail: 1/6/05-6/26/08 Gary Brown Secretary 2005 7012 Willow Lane N (30) 763 -560 -6338 e -mail: 6/25/04- 6/28/08 Roni M. Brunner Vice Chair 2005 4701 Twin Lake Ave N (29) 763 -537 -5330 e -mail: rb200lbugs @hotmail.com 2/12/2001- 2/12/09 Elizabeth Dorsey Hatle 5508 Logan Ave N (30) 763 -560 -3589 e -mail: dorseyhatle @usfamily.net 3/12/97- 3/12/05 Kris Lawrence Anderson 5213 Eleanor Lane (29) phone: 763 -535 -8076 e -mail: 12/9/02 12/9/06 H. Bruce Lund 4502 58th Ave N, #301 (29) phone: 763 -559 -2534 e -mail: 1/6/05- 7/20/07 Harold Middleton 5418 Oliver Ave N (30) 763 -549 -5594 e -mail: hjannifer @comcast.net 11/30/98-4/20/09 Eileen Oslund 6000 Ewing Ave N (29) 763 -537 -2858 10/30/01 10/30/05 Richard T. Phillips 7200 Logan Ave N (30) 763 -561 -2367 e -mail: 12/9/02 12/9/06 Richard C. Theis 3006 Thurber Road (29) 763 -561 -8738 e -mail: rtheis @minneapolisparks.org 2/12/2001- 2/12/09 3 vacancies Updated 05112105