HomeMy WebLinkAbout1998 04-28 CHCABROOKLYN CENTER CHARTER COMMISSION
APRIL 22, 1998
7 P.M.
CITY HALL COUNCIL CHAMBERS
1. Call to Order
2. Roll Call
3. Approval of Minutes: January 28, 1998
4. Correspondence
5. Old Business
a. We will hear from Stan Leino on State Law regarding hiring.
b. Other
6. New Business
7. Next Meeting Date.
8. Adjournment
Attachments:
1998 City Charter
-Rules of Procedure Revised June 25, 1997
-January 28, 1998, Charter Commission Minutes
PLEASE CALL CARL WOLTER AT 561 -5267 OR 721 -6661 IF YOU CANNOT ATTEND.
BROOKLYN CENTER HOME RULE CHARTER COMMISSION
0 RULES OF PROCEDURE
Revised June 25, 1997
PURPOSE
The continuing purpose of the Home Rule Charter Commission as provided for under
M.S.A. 410:
A. Periodically review the existing charter.
B. Consider proposed changes and make recommendations for change to the City
Council and/or the electorate.
C. Safeguard the concept of Home -Rule under the existing charter and Home Rule
provisions in the state statutes.
2. MEMBERSHIP
A. The Charter Commission shall have fifteen members duly appointed and certified
by the district court.
B. The qualifications for membership require that the individual be a qualified voter in
Brooklyn Center.
C. The term of a commissioner shall be four years and a commissioner shall serve
only two consecutive terms, excluding filling an unexpired term.
D. The duties and responsibilities of a commissioner shall continue, beyond the
normal term if necessary, until a replacement is duly appointed and certified by the
court.
3. APPOINTMENTS
A. Appointments to the Brooklyn Center Charter Commission are made in the
following ways:
1. The chief iudae shall aDnoint new commissioners. (M.S.A. 410.05 Subd.
2)
2. If the chief iudae fails to aimoint new commission members within 30 days.
then thereafter the aovernina bodv of the citv shall. aunoint new
commission members. unless within the 30 day period the chief iudae
indicates in writing to the governing bodv his/her intention to annoint new
40 members. in which case he /she shall have an additional 60 days within
which to make the anoointment. (M.S.A. 410.05 Subd. 2)
B. Application to the Brooklyn Center Charter Commission may be made directly to
the Chief Judge of Hennepin County District Court or to the Chairperson of the
Brooklyn Center Charter Commission.
C. Notification of an existing or pending vacancy shall be made by the Public
Relations Chairperson in (or through) the official city newspaper. Publication shall
be made within a period of two weeks prior to or two weeks after the effective
date of resignation or expiration of a term(s).
D. The Chairperson shall, within two weeks after receiving a resignation, notify the
Chief Judge of Hennepin County District Court in writing that a vacancy exists.
E. The Chairperson shall, 30 days before the expiration date of a term(s), notify the
Chief Judge of Hennepin County District Court in writing, of the affected
commissioner(s) intentions. If the commissioner(s) chooses not to continue, the
Chairperson shall direct the Public Relations Chairperson to effect public notice
within the conditions established in Sec. III, C.
F. Vacancies may occur by:
1. Resignation
a. Resignations shall be delivered to the Chairperson in writing. In the
absence of a written resignation, the Chairperson/Vice Chairperson
shall present to the Brooklyn Center Charter Commission at it's
next meeting, notification of an oral resignation. The Chairperson
or Vice Chairperson shall, upon receipt of a resignation, submit
written notification to the Chief Judge of Hennepin County District
Court (with copies to the resignee and the City Council) within two
weeks and to notify the Commission members.
b. An appointee who neglects to file with the clerk within 30 days a
written acceptance and oath of office shall be deemed to have
declined the appointment and his/her glace shall be filled as though
he /she had resigned. (M.S.A. 410.05 Subd. 2)
2. Expiration of term
3. Removal
Any member may be removed at anv time from office. by written order of
the district court. the reason for such removal being stated in the order.
When anv member has failed to perform the duties of his office and has
failed to attend four consecutive meetings without being excused by the
commission. the secretary of the charter commission shall file a certificate
with the court settine forth those facts and the district court shall thereupon
make its order of removal and the chief iudize shall fill the vacancy created
therebv. (M.S.A. 410.05 Subd. 2)
4. MEETINGS
A. The annual meeting of the Brooklyn Center Charter Commission shall be held in
January.
1. The annual report, audit report, election of officers, appointment of Audit
and Public Relations Chairperson, and salary adjustment for the
Administrative Assistant are agenda items for this meeting.
B. Additional meetings may be called by the Chairperson; or any four commissioners
may petition the Chairperson to call a special meeting; or as required in Minnesota
Statutes 410.105, Subd. 2.
C. A majority of the actual membership of the commission shall constitute a quorum
to do business.
D. A simple majority of those voting on the question shall rule. When final votes on
is the charter are considered, a two thirds affirmative vote of the actual membership
with never less than 8 affirmative votes shall be required for passage.
E. Parliamentary authority shall be these rules of procedure or Roberts Rules of Order
most recently revised.
1. These rules and procedures can be changed at any time by a majority vote
of the commission, after a 20 day prior written notice to all commission
members outlining the proposed changes.
2. These rules or any portion may be waived only by a 2/3 affirmative vote of
the actual membership with never less than 8 affirmative votes.
3. Waiving or setting aside these rules of procedure may be done only with a
proper motion and second.
4. The motion to waive or set aside these rules of procedure or any portion
shall be specifically recorded in the minutes.
F. Notice of all meetings shall be in writing to the members 7 days prior to the
meeting and shall contain a written agenda. All meetings shall be held in
compliance with the Open Meeting Statute set forth in M.S. 471.705.
G. Commission members are expected to attend all meetings. Members shall give
notice to the chairperson or another member in the event of an absence. Failure to
notify the commission of an absence results in an unexcused absence.
H. Non commission members wishing to address the commission will have an
opportunity by registering with the Chairperson at the beginning of the meeting.
No public testimony will be received by the commission after a formal motion has
been made and is being discussed by the commission.
5. OFFICERS
At the Annual Meeting, the commission shall elect a chairperson, vice chairperson, and
secretary. These officers shall serve for a term of one year. A majority vote by those
commissioners present at the annual meeting is necessary to elect an officer. Vacancies
occurring in elective offices shall be filled by an election at the next regular meeting or at a
special meeting, called by the ranking elected officer with 7 days prior written notice to
the membership.
A. Chairperson
1. The acting official and representative of the commission
2. The presiding officer at meetings
3. Appoints committees
4. Calls all regular and special meetings
5. Directs correspondence with Chief Judge of Hennepin County District
Court
6. Prepares annual report to district court, Chief Judge, and City Clerk.
7. Appoints Audit Chairperson, and Public Relations Chairperson, and
Rules/Parliamentary Procedure Chairperson.
8. Ascertains yearly through the City Manager (after the legislative session) as
to any statute changes affecting the charter commission.
9. Member of Executive Committee.
[Note: in other places in these "Rules of Procedure it is said that the chairperson
"may receive applications" (or they may be sent to the Chief Judge), "notify Chief
Judge of vacancy "receive written resignation receive notification of members
impending absence from meeting, (notification can be given to any member).]
B. Vice Chairperson
1. Presides over commission meetings and acts on behalf of the Chairperson
2. Member of Executive Committee
[Note: in other places in these "Rules of Procedure it is said that the "chairperson
or Vice chairperson shall submit written notification to the Chief Judge of vacancy.
0 C. Secretary
I Responsible for Commission records, minutes and correspondence
2. Member of Executive Committee
3. Supervises and directs the Administrative Assistant
a. Duties of the Administrative Assistant
(1) Assists Public Relations Chairperson in sending notices of
public meetings to official newspaper, including notices of
vacancies in the charter commission.
(2) Attends all meetings, including sub committees.
(3) Types, copies, and mails all minutes, agendas, letters,
ordinances, and annual reports.
(4) Notifies City Clerk of future meetings and arranges for
meeting room.
(5)
Updates membership roster, mailing list, roll call list,
membership files and related documents.
(6)
Provides new members with rules of procedure and other
supplies and material.
(7)
Makes certain doors to meeting room are opened and
secured at adjournment for all meetings.
(8)
Communicates with commission members, City Hall
personnel, Chief Judge's clerk, and newspaper personnel by
phone, in person or by mail.
(9)
Sends agendas to all Brooklyn Center organizations who
have previously requested them when a charter change is
proposed.
(10)
Assists Charter Commission Secretary in maintenance of
minute book and support documents relating to issues dealt
with by the commission.
(11)
Responsible for maintaining a list of civic organizations or
individuals in the city who request agendas and minutes of
the Charter Commission.
(12)
Submits billing to Audit Chairperson quarterly, with a brief
explanation of charges to the commission.
(13)
The correspondence of the Charter Commission will be
done in the name of the commission, Chairperson, other
members of the Executive Committee or other
commissioners.
6. EXECUTIVE COMMITTEE
The Executive Committee shall consist of the Chairperson, Vice Chairperson, Secretary,
Audit Chairperson, and Public Relations Chairperson. The Executive Committee shall
approve the Annual Report and have the powers and functions as are authorized by the
commission. The Executive Committee is responsible for the appointment of the
Administrative Assistant.
A. Audit Chairperson
1. Review and approves all expenditures chargeable to the commission
2. Make periodic reports on status of budget and call for annual audit report
from Finance Director for presentation at annual meeting
3. Member of Executive Committee.
B. Public Relations Chairperson
1. Has responsibility for all official public notices
2. Shall report all matters of public interest to the local press and shall handle
all public relations matters including items of recognition as directed by the
chairperson.
3. Has responsibility for publishing notice of pending commission vacancies in
official city newspaper
4. Member of Executive Committee
7. OTHER COMMITTEES
A. Rules/Parliamentarian
1. Has responsibility to inform Chairperson and other commissioners of the
rules guiding Charter Commission actions.
2. Serves as chairperson to any subcommittee named to review and/or revise
rules.
B. Nominating Committee
A three member nominating committee shall be appointed by the chairperson for
the purpose of recommending candidates for election to office at the Annual
Meeting
C. Study Committee
The chairperson shall appoint study committees as necessary. Specific goals and
objectives shall be defined.
[Note: Re: CITY STAFF: In a MEMORANDUM from the City Clerk, March 17, 1997,
it said, to paraphrase, that the City Staff: Maintains permanent record of
agenda/minutes; Maintains updates City Charter; Maintains updates member
roster; Posts notice of vacancy on City bulletin board Cable TV; Answers
questions about Charter Charter Commission.]
8. ANNUAL REPORTS
A. Amendments to the Charter may originate in any of the following sources:
1. The Charter Commission:
a. M.S. 410.12, Subd. 1 Amendment by Commission Resolution
b. M.S. 410.12, Subd. 7 Amendment by Commission
Recommendation
2. The City Council:
a. M.S. 410.12, Subd. 5 Amendment by Council Ordinance to
Commission
b. M.S. 410.12, Subd. 6 Amendment by Council Hearing to Voters
(4th Class Cities only)
3. The People:
a. M.S. 410.12, Subds. 1, 2, and 3 Amendment by Petition of
Voters to Commission
B. Amendments originating with the Charter Commission:
1. Shall be accepted by the Charter Commission by a 2/3 affirmative vote of
the actual membership with never less than eight affirmative votes.
2. May be forwarded to legal counsel for opinion within 10 days after
passage. Legal counsel shall be requested to return a written opinion in
time for presentation at a meeting of the Charter Commission within 60
days of passage. A 30 day extension may be requested by legal counsel
through the Chairperson. The Chairperson shall notify each member in
writing, within a reasonable period of time, of a granted extension.
a. The Charter Commission shall meet 60 days subsequent to initial
passage of an amendment.
b. If an extension is granted, the Chairperson shall reschedule the
meeting to be held within 90 days of initial passage.
3. Shall be forwarded to the City Council with a letter of transmittal stating
specifically whether it is a "Recommended Amendment" or an
"Amendment Adopted by Commission Resolution".
a. Recommended Amendment Upon recommendation of the Charter
Commission, the City Council may enact a charter amendment by
ordinance. Such an ordinance, if enacted shall be adopted by the
Council by an affirmative vote of all its members after a public
hearing on two weeks published notice. Such ordinance shall not
become effective until 90 days after passage and publication.
Within 60 days after passage and publication, a petition requesting
a referendum on the ordinance may be filed by the voters with the
City Clerk. Such petition requires the signatures of two percent of
the total number of votes cast in the City at the last state general
election or 2,000, whichever is less. Only registered voters are
eligible to sign. (M.S. 410.12, Subd. 7)
b. Amendment Adooted by Commission Resolution When a
proposed amendment originating with the Charter Commission and
adopted by resolution is transmitted to the City Clerk, it shall be
presented by the City Clerk to the Council. The amendment shall
be submitted to the voters at the next general election if within 6
months of the date of delivery and if no general election is to occur
within 6 months, at a special election within 90 days. (M.S.
410.10, Subd. 1) the Council must cause the amendment to be
published once per week for two successive weeks as a part of the
notice of election. The Council determines the wording of the
ballot. (M.S. 410.112, Subds. 1 and 4)
C. Amendments originating with the City Council: (M.S. 410.12, Subd. 5)
1. The City Council may propose a Charter Amendment to the voters
by ordinance. Any ordinance proposing such amendment shall be
submitted to the Charter Commission.
2. Within 60 days, the Charter Commission shall review the proposed
amendment but before the expiration of such period, the
Commission may extend the time for review for an additional 90
days by filing with the City Clerk its resolution dete that an
additional time for review is needed.
After reviewing the proposed amendment, the Charter Commission
shall approve or reject the proposed amendment or suggest a
substitute amendment. The Commission shall promptly notify the
Council of action taken. Note: The Council may submit its
proposed amendment to the people or the substitute amendment
proposed by the Charter Commission.
4. The amendment shall become effective only when approved by the
voters as provided in M.S. 410.12, Subd. 4.
D. Amendments proposed by the People (via petition): (M.S. 410.12, Subds.
1, 2, and 3)
1. The proposers of an amendment shall file all petition papers with
the Charter Commission for its approval as to form and substance.
The Commission shall, within 10 days, return the same to the
proposers the amendment with such modifications as it may deem
necessary in order to comply with statutory requirements.
2. The petition must have a number of signatures equal to at least 5%
of the total votes cast as of the last previous state general election
in the City. Only registered voters are eligible to sign the petition.
3. The Charter Commission may not alter the petitioned amendment
but shall forward the petition to the City Clerk, with a letter of
transmittal, recommending either:
a. A recommendation for amendment by ordinance under M.S.
410.12, Subd. 7
b. An amendment adopted by commission resolution (requires
submission to the voters)
C. No recommendation
Rules set forth in the State Statutes and used in these Rules of Procedure cannot be changed by
the commission.
1291% 100M
It. CARL `TOILER
61107 WILLOW JANE
BROOKLYINI C'EN'T ER HN 55430
612-561-5267
28 January 1998
Mayor Myrna Kragness
Brooklyn Center City Hall
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: Brooklyn Center Charter Commission:
Dear Mayor Kragness,
r
For the past two years, since January of 1996 the Charter Commission has had the following officers:
Chairperson: Tim Willson
Vice Chairperson: Carl Wolter
Secretary: Diane Swanson
The Brooklyn Center Charter Commission held its "Annual Meeting" tonight and the results of the
election was as follows:
Chairperson. Carl Wolter
Vice Chairperson: Stanley Leino
Secretary: Sylvester Knapp
And the following appointments were made:
Audit Chair: Nancy Carlson
Public Relations Chair: James Holst
Rules /Parliamentarian Procedures Chair: Eileen Oslund
Our next scheduled meeting is Wednesday, April 22, 1998. At tonight's meeting Tim Willson turned
over his keys to City Hall to me. If you have any questions or comments, I can be reached at the
address phone number above.
Sincerely,
e4le Z O&M
NIof1
cc: Councilmembers Kay Lasman, Debra Hilstrom, Bob Peppe, Kathleen Carmody:
City Manager, Michael McCauley
City Clerk, Sharon Knutson