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Home My WebLink About1995 03-22 CHCACity of Brooklyn Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTER COMMISSION COUNCIL CHAMBERS CITY HALL APRIL 26, 1995 7:00 P.M. AGENDA 1. Call to Order 2. Roll Call 3. Approval of X,inutes of January 25, 1995 4. Correspondence /Communications A. Letter to Chief Judge RE: Marie Nyquist`s Resignation B. Rotary Club's Request for Volunteer Awards Nominations C. Brooklyn Center Hall of Fame Request for Nominations 5. Old Business A. Report from Sub Committee on Rules and Procedures B. Adopt -A -Park 6. New Business A. Next Step in Review of the Charter B. Membership Status 7. Next Meeting Date 8,. Adjournment NOTE: IF YOU CANNOT N&U THIS *FFTTAG. PLEASF CONTACT CAROLE BLOWERS AT 560 -0421 OR EILEF.A M.MM. CHATRPFRSON. &T 537 2858. TH YOU, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer i I S 4 0 April 26, 1995 To: Brooklyn Center Charter Commissioner From: Commissioner Rod Snyder Re: PROPOSED CHARTER REVIEW /REVISION RELATIVE TO CHARTER MANDATE OF ANNUAL PROCESSES DESIGNED TO FOSTER POSITIVE WORKING RELATIONSHIPS BETWEEN MAYOR COUNCIL AND CITY MANAGER THROUGH MUTUAL GOAL SETTING AND REVIEW OF PROGRESS TOWARD GOAL ATTAINMENT AS A BASIS OF SUBSEQUENT SYSTEMATIC PERFORMANCE REVIEW AND APPRAISAL OF THE CITY MANAGER. BACKGROUND The Council Manager form of municipal government emerged in The United States during the 20th century as reform in reaction to real and perceived corruption of elected officials and a belief that trained professional civil managers would provide greater expertise and continuity to city governments. The drafters of city charters establishing this new form of government structure commonly focused on language designed to eliminate past problems. Most serious observers of contemporary city government operations would agree that the early drafters did their jobs well, within the breadth of their vision. KEY BROOKLYN CENTER CHARTER PROVISIONS Key responsibilities are established in: 2.01 ".....The Council shall exercise the legislative power of the City and determine all matters of policy. The City Manager shall be the head of the administrative branch and and shall be responsible to the Council for the Droner administration of all affairs relatinz to the City. (underlined establishes that the City Manager's accountability to the citizens is through the Council) Note: The Charter specifically addresses in detail separate responsibilities of the City Manager, the Mayor and the Council. The Charter's attention to interrelationships among and between the City Manager, the Mayor and the Council is less specific. Further Charter provisions relative to interrelationships: 2.06 (line 9) "The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department on the City." (Note the oversight or watchdog focus) 2.08 (entire section) "INVESTIGATION OF CITY AFFAIRS. The Council and the City Manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production on books and papers. The Council shall provide for an audit of the City's accounts at least once a year by the State department in charge of such work or by a certified public accountant. The Council may at anytime provide for an examination or audit of the City government, and it may cause to be made any survey or research study of any subject of municipal concern." 2.09 (entire section) "INTERFERENCE WITH ADMINISTRATION. The Council shall by ordinance establish a merit system in all or part of the City administration, but neither the Council nor any of its members shall dictate the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this charter. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately." 6.01 (line 4) "The City Manager.... shall be appointed for an indefinite period. The City Manager shall be removable by the Council at will, provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ten ()10) days before the hearing....." OBSERVATIONS 1. The Charter properly addresses Mayor Council redress procedures should there be malfeasance by the City Manager and to conduct investigations, but: a. there is an absence of explicit expectations that there be a specific process whereby the City Manager knows clearly what the Mayor- Council expects of her /him; and is accountable to the citizens through the Council; b. the language does not reflect that the citizenry expects more than a lack of wrong doing; c. the Charter should include specific language regarding expectations that the City Manager and the Mayor Council are each responsible for the establishment of an, at least annual, process whereby they reach agreement on goals and targets for approvement of city government; 2. The terms of "contract" of the City Manager should be reviewed to determine that it is best for the City at this time and for the foreseeable future. Chief executives in business are not commonly extended an "indefinite" tenure removable only for problems of wrong doing. 3. The Minnesota School Boards Association has provided us with their current guidelines for superintendent review and appraisal by school boards a relationship similar to our city manager /council structure) 4. Proceeding on a review by the Charter Commission should be done with the understanding that this area is both significant and complex and will, therefore, take considerable time to do well. Further, the Commission should establish a process of review that meaningfully involves the Mayor Council and the City Manager. CITY OF BROOKLYN C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY POLICE FIRE 911 'g AGRI-DA 1, Call to Cr 2 Rol 1 Gil 1. 1 3. Amnriwa of Kinutes of JaTlUalry 25, 1995 4. correspond-ence/communications 5. Old Buc;ine,s A. Report from Sub-Comm ittee. an Rules and Procedures B. Adopt-A-Park INf w Bwu:�7, A, 7 .q� x Step in Review c--f the Chart.e.r P. XembeT st I. N",!xt 19Acling Date D A 8. i-irliment NOTF: TF yr CA "n T KF_19TS )METTIG. PL C(. C,&RQ-1,;F FjalaRa-AT 560-0421 fl' E;II F HA C IFLPJ� �3858. THANK 5M AT F 7 2 A WAUMMUrY 31, BROOKLYN CENTER CHARTER COMNISSION SUB COMITTEE DN RULES AID FROGEDURES FEBMARY 3, 095 6:30 PM CITY HALL MFERENCE FODN A Present: Tim Willson, Eileen 00unl, Fov Wolfe Mair), Carole Elowers, Administrative Asaistant Tie meeting began at 2:11 p.m. ::'v st5ted she would check out state s7atutes (Section 410) as it pertains to Section 11.0 of the Rules, and wil: Tax a copy to Carole for distribution Lo Eileen. it was sugge0ed that perhaps a new section be added as "M STAFF" and include the duties of the Administrative Assistant andior City Attorney LnGer this area. To be sure the cn_ meeting laws are heing followed, Bev will also get copies of the state statutes pertaining to this item to distribute to 'the r- Eub-committen menbers, The next sub-committee meeting will be WedLewday, February 22, 1995, at 7 PM The mesting eaded at 7: 10 p.m. Tarole j. Flows, AMNistrative Assistant CHARTER COMMISSION RULES COMMITTEE REPORT Date: The Rules committee met on two occasions: February 1995, and March 15, 1995. Members: Bev Wolfe (committee chair), Tim Wilson, Eileen Osland Recommendations: The Committee thoroughly reviewed the rules and did not see any need for major changes. The Committee, however, had the following recommended changes: preamble. addition: addition: (1) At the beginning of the rules, insert the Charter's (2) At IV. E. of the rules (page 3), make the following Parliamentary authority shall be these rules of procedure or Roberts Rules of Order m9st rec Pnt _y rPv, sect (New language is underlined.] (3) At IV.F. of the rules (page 3), make the following Notice of all meetings shall be in writing to the members 7 days prior to the meeting and shall contain a written agenda. All ePt gh ll bg held in complian witb the 09-ea Meeting St.atu:L' s set forth in Minn 3.t S 421005 [New language is underlined.] (4) At V (page 3), make the following addition or modifications 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 Mdi ority votes_ by t„ hgae ComMisgiQUars nr esgn at t L,ecess ajyct FAn officer_, These officers shall serve for a term of one year. Vacancies occurring in elective offices shall be filed by an election at the next regular Ong or At a special meeting called by the ranking elected officer with 7 days prior written notice to the membership. [New language is underlined.] (5) At V.C. (page 4), under duties of the Secretary, end the description at the end of the first line. This would read asp follows f f, 2. Supervises and directs the Administrative Assistant There would be no additional language. (6) Take all of the duties listed under 2.a. under the Secretary position,.which is titled "Duties of Administrative Assistant" and place this into a new category titled: "VI. Administrative Staff." This change requires that all categories from VI X, be renumbered VII XI. (6) Attach to the rules copies of the Open Meeting law under Minn. Stat. S 471.705 and copies of the statute governing charter commissions in the state, Minn. Stat. S 410. I