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HomeMy WebLinkAbout1994 09-28 CHCAs CITY OF BROOKLYN I C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY POLICE FIRE 911 F R i 0 K T i C E ITT Et HAFTER I hAMBEERSE SLEFT�EXPE-R' l'-DC'-4 7: 0 if a 1 'L Or I- Ll A c r r a f Ximlte�- of A- D4, 1 _4 4, Correspondence/CoT-imunicat 7-11 d B u s il nes._ A Relport on AlDpoiitment Froce �mendmenl E., A d o;: A F a A. F—Jblic Fellatio-s AiDpcilltmen� F He inbe rsh J- p. D f t "la t' -'0-mffli!='S i on 8 N-2 Yeet Date me nt CANNOT YL�l T F T S T i NG. F LTRASF CTNT A.C. CA ROL 7t PLOWERS AT CHATF-7a AT F THANK YOU. s CITY OF BROO CENTER TO: Todd Paulson, Mayor David Rosene, Councilmember Celia Scott, Councilmember Barb Kalligher, Councilmember Kristen Mann, Councilmember 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 FAX: 569 -3494 EMERGENCY POLICE FIRE 911 FROM: Eileen Oslund,,Chairperson Brooklyn Center Charter Commission DATE: August 30, 1994 RE: Proposed Change to Section 2.05 of the City Charter This memo is to advise you that the Charter Commission on August 24, 1994, unanimously approved wording changes to Section 2.05, Vacancies in the Council, of the City Charter. Proposed wording for this section is enclosed. In summary, the reasons for the proposed changes are to provide for more specific directions and uniform guidelines for the Council to use to the process of advertising for vacant seats on the Council, receiving the applications, interviewing the candidates, and making selections. It is proposed that Sections 2. 05, 2.05a, and 2.05b be amended as shown on the attached pages. Pursuant to Minnesota Statutes 410.12 Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed amendments to the Brooklyn Center City Charter. This item will be placed on the-September 12th, 1994, City Council agenda. If you have any questions, please contact me. Thank you. cb Encl. cc: City Attorney t CITY OF BROOKLYN CENTER Nonce is hereby given that a public hearing will be held on the day of 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 2 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such vacancy within ten (10) days of its occurrence. Notice of the vacancv shall be hosted at Citv Hall and sent to the official citv newspaper on the next business day. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of residence from the City. If the unexpired term of the Council vacancv is less than one vear. the Council by a maiority vote of all its remaining members may either appoint a oualified person to fill the vacancv or call for a special election. If the unexpired term of the Council vacancv is one vear or longer. a special election shall be called by the Council. Notice of the vacancv. with a description setting forth the minimum set of legal oualifications to hold public office shall be hosted at Citv Hall and sent to the official city newsoaner on the next business day. A quorum of the Council consists of three (3) members: if at anv time the membership of the Council is reduced to less than three (3) members. the remaining members mav_ by unanimous action appoint additional members to raise the membership to three (31. lSection 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a. special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If the N N ORDINANCE NO. unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. The quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3).] Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer. or if the unexpired term of the Council vacancv is less than one vear and the Council chooses not to fill the vacancy through the appointment process. a snecial election shall be called by the Citv Clerk. The election will be held not sooner than ninetv (90) days and not later than one hundred twentv (120) days following the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4.03. Special Elections. If more than two candidates file for the unexpired term. a primary election shall be held. Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired term of the council vacancv is less than one year. the Council by a maioritv vote of all its remaining members may appoint a oualified person to fill the vacancv. Notice of the vacancv. with a description setting forth the minimum set of legal oualifications to hold public office shall be posted at Citv Hall and sent to the official city newspaper on the next business day_ and shall include the following information: 1. Uniform applications must be received by the Citv Clerk. no later than twentv -one (211 days from the date of the declared vacancv. Application forms submitted by the applicants are public documents. ADDlications shall reauest. at a minimum. all information reauired bv_ Minnesota Statutes of candidates filing_ for the office. Applications shall not require information defined by the Minnesota Data Practices Act as non public information. Additional information forms may be adopted by the Citv Council and shall be reouired of each applicant uniformly. The applicant may submit a resume. in addition to the uniform application forms. 2. Interview scheduling shall be completed and hosted at Citv_ Hall no later than twentv -five (25) days from the declared vacancv. 3. Interview process shall not start earlier than twenty -eight (28) days from the declared vacancv. 9 Pr ORDINANCE NO. Is a. Applicants shall be interviewed by the Council. in accordance with the State of Minnesota open meeting laws. b. A uniform list of core ouestions that shall be asked of each applicant. shall also be made public. Additional new core ouestions asked of one applicant shall then be asked of all the applicants. Follow up ouestions relevant to the core questions may also be asked. 4. Selection Process. Upon completion of the interview process. the Council may call for a vote to appoint an applicant. Each Council member may cast onlv one vote for a preferred applicant on each called -for vote to appoint. Written ballots listinLy the applicant(sl shall be used. Each Council member's vote shall be recorded. A simple majority_ of the Council votes shall appoint that applicant to the Citv Council. r 5. If the Council pursues the appointment process but then fails to fill a vacancv within forty -five (45) days. the City Clerk shall call a special election to fill the vacancv. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty -five (135) days following the occurrence of the vacancv and to be otherwise Lyoverned by the provisions of Section 4.03. Special Elections. If more than two candidates file for the unexpired term. a primary election shall be held. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date ft (Brackets indicate matter to be deleted, underline indicates new matter.) SEP 27 '94 13:43 HOLMES GRAVEN Attorntp at Law ROBERT A. ALSOP RONALD B. BATTY STEPUM J. BUBUL JouN B. DE" MARY G. Dmil YS STEPANIA N. GALSY JAMS$ S. HOLMS DAM I• K0NEDY J*RN R. LARWN WYAJANGTON H.1.AW CHARLE4 L. LEyEvmm Joax M. LIFZVB14 JIG ROBERT J. LINDALL September 27, 1994 Ms. Eileen Oslund Chair Charter Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 P.2 HOLMES GP.AvEN CaABTMD 47o PUUbvr7 center. Minoupol% Mins.eots 56402 (612) 337-M BaWmeo (612) 337 -96316 WRITER'S DMECT DIAL WA21S RoNm C. Loxc LAURA K. MOLLET BARBARA L PORTWOOD JAt DTS M. STRO104M JANW I THOMSOM JIL 1 ARRY M. WLRT11=4 Momma L. WIId(IlIS GARY P. WINTRR DAVID L. CRAVE4 4929-199u or COUNS6i. ROBERT C. CARLSON Rom= L. DAVIDSON T. JAY SALbW RE: Proposed Charter Amendments Dear Ms. 0slund: This letter is a follow -up to the discussion which occurred at the Brooklyn Center city council meeting of September 12, 1994, relating to amendments to the charter proposed by the Brooklyn Center Charter Commission. Following that discussion, I would recommend that the charter commission consider the following suggestions for changes to the charter amendment: 1. A question may arise whether the one year rule applies to the date a vacancy occurs or the date the vacancy is declared by the city council. To answer this question, the charter commission may wish to consider two changes. The first is a change to the first sentence in section 2.05 which could be changed to read "When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must pubiically declare such vacancy and wcifv the date of occurrence of the vacanev within ten (10) days of its occurrence." The second change would be to the first sentence of the new language which the charter commission is proposing to add at the end of section 2.05. The first sentence of that new text could be amended to read 'W the unexpired term of the council vacancy is less than one year from the date of the occurrence of the vacancy. the Council by a majority vote of all its retraining members may either appoint a qualified person to fill the vacancy or call for a special election." 2. The new language in section 2.05 calls for the city council to call an election. However, the new language in section 2.05(a) provides that the special election CL-76677 BR251 -7 SEP 27 '94 13:44 HOLMES GRR EN P.3 Ms, Eileen Oslund September 27, 1994 Page 2 should be called by the city clerk. I would recommend that the first sentence of new section 2.05(a) be amended to provide that the special election shall be called by the "City Council" rather than the "City Clerk". 3. The deleted language in former section 2.05(x) provided that if the council failed to appoint a member or failed to call a special election for thirty (30) days, a special election would be called by the clerk. New section 2.05(b) provides for the clerk to call a special election if the council fails to appoint in 45 days. However, it does not provide for the clerk to call an election if the city council fails to do so in the case of a vacancy which is one year or longer. Therefore, I would recommend that the first sentence in new paragraph 2.05(b)5 be amended as follows. "If the Council pursues the appointment process but then fails to fill a vacancy within forty -five (45) days or if the vacancv is for one vear or longer and the City Council fails to call a special election within thirty days of the, occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy." 4. I would recommend that the first sentence of new paragraph 2.05(b) I be amended to read "Uniform applications in a form annroved by the Citv Council must be received by the City Clerk, no later than twenty-one (21) days from the date of the declared vacancy." 5. Part of new section 2.05(b) l provides that information required from candidates shall not include data classified as non public under the Data practices Act. The general_ rule under the Data Practices Act is that all data is public unless it is made non -public by a specific statutory provision. I am aware of no law which makes information submitted by council applicants to be non public. I am not sure what the charter commission intended by this provision, but if the idea is to provide that data on city council candidates would be treated the same as data on city employees, I would recommend that the sentence dealing with data practices be changed to read as follows: "Applications shall not require information which would be made non -public under the Minnesota Data Practices Act if the candidates were applicants for employment with the You should be advised however, that this would provide the city council with limited useful information about an applicant. Basically a candidate could only be required to give his or her name, education and training background and previous work experience. Ordinarily when a city is hiring an employee it may require a good deal of additional Information such as residence history, outside volunteer activities, references, criminal record, etc. This information is non public. That is it cannot be released by the city to the public; but that does not mean that the data may not be collected by the city and considered in the evaluation process. If the charter amendment is adopted, it will limit the collectlon of data on the applicatiou form CLL76677 SR291 -7 SEP 27 '94 13:44 HOLMES GRRVEN P.4 Ms. Eileen Oslund September 27, 1994 Page 3 to data which is public data. This is not illegal, but it would limit the amount of useful information which would be available to the city council. 6. y will recall that some concern was expressed by city council members about the practicality of scheduling interviews as required by new section 2.05(b)2. It seems to mean that this paragraph could be deleted without amending the timetable of the appointment process. That is, the deadline for all parts of the appointment process would remain the same even if there were no speck requirements as to the date by which interview scheduling must be completed. 7. Section 2.05(b)3 requires that the interview process may not start earlier than 28 days from the occurrence from the vacancy. 'There is nothing illegal about this proposed requirement, and it could serve to encourage more careful deliberation about the appointment process. However, the disadvantage is that the city council would not have the opportunity to act more promptly if it wished to do so. Therefore, this 28 day limitation would guarantee that no vacancy would ever exist for less than 28 days. 8. As you will recall from the council meeting, there were a number of questions about the meaning and application of section 2.05(h)3a. It would be unfortunate if the appointment process were subject to legal challenge because one candidate was not asked precisely the same questions as another. This could have the effect of discouraging dialogue between the city council and candidates because each time a new question was asked of one candidate, the council would be required to call all previously interviewed candidates back to ask them the same question. This could become a very cumbersome process. I would recommend consideration by the charter commission of either deleting this paragraph or substituting language something like the following: "A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable questions asked of all applicants at the interviews shall be uniform." 9. I understand from our discussion at the council meeting that it is not the intent of the charter commission in the second sentence of new paragraph 2.05(b)4 that an inconclusive vote would result in the elimination of candidates. To make this clear, I would recommend that the following sentience be added to paragraph 4 after the second sentence: "No vote which does not result in a majority vote for one candidate shall result in elimination from consideration of any candidates." CLL76677 BR291-7 SEP E7 '94 13:45 HOLNES GRRVEN P.5 Ms. Eileen Oslund September 27, 1994 Page 4 If you have any further questions about any of these matters, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:ckr cc: Jerry Splinter V i CLL7667? SR391 -7