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Home My WebLink About1994 06-22 CHCABROOKLYN CEYTER CHARTER COMYISST�ON �10',TNt:TL CHAMBERS PALL 7U1E 19C44 7: 0 F. V AGE N 7 A 1, Call'- to Order 2, 3011 C311 f Klnute of Kay 2 Appr o a o 4. Corr e^ rjonde n e Ca mmu ni cat i o nz- A Re-ort from Sub Committe=e on Appoint P rocess (latest revision r attached to 2.05) 7, Ne w Bus i -e, A Ner'bers.1hir of the Commi!s-A 1cp 8 Next Yieeting 1.1 ±c. 0 0 An. iou r rLme n+ NgTF: 7 F YOU CANNOT MAKF TRT NFETTN(7, PLEASE CONTACT CAROLF BLOWFRS AT 560-0421 OR FIT-PPN MLUND, CHAIRF' AT 537-285A, THANK YOU. PLEASE MAKE A SPECIAL EFFORT TO ATTEND THIS MEETIMG AS VOTING ON THE AMENDMENT REGARDING SECTION 2.05 IS PLANNED FOR THIS MEETING. It is intended that current Sections 2.05 2.05a of the charter be deleted in their entirety and be renlaced by the following restructured Sections 2.05: 2.05a 2.05b. 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 vacancy shall be posted at City Hall and sent to the official city 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 vacancy is less than one year, the Council by a majority vote -JO, of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special election. If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day. A 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) members, the retraining members may by unanimous action appoint additional members to raise the membership to three (3). BCCHARTR.WPS;tk;6 /22/94 1 BROOKLYN CENTER CHARTER COMMISSION APPOINTMENT PROCESS SUB COMMITTEE MEETING May 31, 1994 7:00 P.M. Conference Room B Present: Eileen Oslund, Myrna Kragness, Tim Willson, Beverly Wolfe Tony Kuefler Absent: Robert Mickelson The meeting was called to order at 7:05 p.m. by Chairperson Kuefler Chair Kuefler presented a restructured version of the proposed Sections 2.05; 2.05a 2.05b, which include Tim Willson's version, plus the changes requested by the full Charter Commission at their May 25th meeting. The sub committee then did a detail walkthru of the restructured version and while doing so, did a cross -check against the following to assure that all points were appropriately addressed: Sub committee's original key issues /concerns list Councilmember feedback to our original key issues /concerns list -Full Charter Commission recommendations from the May 25th meeting Chair Kuefler then offerred to draft a letter, for Charter Commission Chairperson Oslund's signature, which will serve as a transmittal to the Mayor Councilmembers of our working documents and the Proposed Charter Amendment DRAFT and request their review and feedback on the proposed amendment prior to June 12th. Letter is also to offer the Council Members an opportunity to meet with us to discuss the draft, if they so prefer. Eileen Oslund agreed to do a follow -up call on June 10th to any Council Member that has not been heard from. Meeting adjourned at 8:05 p.m. B C CHARTR. WP S;tk; 6/ 1 /94 T j X- ar 'P It is intended that current Sections 2.05 2.05a of the charter be deleted in their entire and be replaced by the following restructured .4ections 205: 205a 2.05h. Section 2.45 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 vacancy shall be posted at City Hall and sent to the official city 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 consectuive 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 vacancy is less than one year, the Council by a majority vote of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special election. If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day. A 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) members, the remaining members may by unanimous action appoint additional members to raise the membership to three (3). BCCHARTR.WPS ;tk;6/1/94 1 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 vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the City Clerk. 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. Section 2.05b: PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining members may appoint a qualified person to fill the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day and shall include the following information: 1. Applications must be received by the City Clerk, no later than twenty -one (2 1) days from the date of the declared vacancy. Application forms submitted by the applicants are public documents and shall request information required to hold public office in accordance with the Minnesota State Statutory Requirements and the Minnesota Data Practices Act. Additional information forms may be adopted by the City Council and shall be required of each applicant uniformly. The applicant may submit a resume, in addition to the uniform application forms. 2. Interview scheduling shall be completed and posted at City Hall no later than twenty -five (25) days from the declared vacancy. BCCHARTR.WPS;tk ;6/1/94 2 0 Section 2.05b: PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. (continued) 3. Interview process shall not start earlier than twenty -eight (28) days from the declared vacancy. 3a. Applicants shall be interviewed by the council, in accordance with the State of Minnesota open meeting laws. 3b. A uniform list of core questions that shall be asked of each applicant, shall also be made public. Additional new core questions asked of one applicant shall then be asked of all the applicants. Follow on questions 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 person may cast only one vote for a preferred applicant on each called -for vote to appoint. Written ballots listing the 0 applicant(s) shall be used. Each council person's vote shall be recorded. A simple majority of the council votes shall appoint that applicant to the city council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (13 5) 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. BCCHARTR.WPS;tk;6 /1/94 3 Exk;b BROOKLYN CENTER CHARTER COMMISSION CHARTER AMENDMENT UNDER CONSIDERATION REGARDING APPOINTMENT OF COUNCILMEMBERS The following key issues/concerns, have been addressed in the proposed Charter Amendment, regarding the Appointment of Councilmember Process. a. Timing: Council shall publicly declare a vacancy within 10 days of its occurence. Applications received with 21 days of declaration of a vacancy, are to be considered. Interview date(s) are to be posted in City Hall by the 25th day following declaration of a vacancy. Interviews to begin not earlier than the 28th day following declaration of a vacancy. Appointment shall be made by the 45th day following declaration of a vacancy. b. A uniform application (in accordance with statutory requirements) ought to be provided to interested parties, and all applicants are to include all such information in their application for appointment. The 'Conflict of interest' issue is to be addressed in the uniform application. c. A uniform list of questions shall be asked of all applicants during the interviews. However, this is not intended to prohibit additional follow -up questions, based on an applicants' response to one of the uniform questions. d. All deliberations on the appointments ought to be in accordance with the 'open meeting law'. e. Individual Councilmember voting on appointees ought to be made part of the public record. BCCHARTR. WPS;tk;5 /25/94 Jxk► b; S BROOKLYN CENTER CHARTER COMMISSION TIME LINES FOR PROPOSED CITY CHARTER CHANGES �'n FILLING OF COUNCIL VACA If the unexpired Germ of the council vacancy is one year or longer. ACTION Vacancy Occurs. Public notified of Council Vacancy of the City Charter's requirement that the vacancy be filled via the Special Election Process. Special Election is held. TIME LINE CURRENT PROPOSED Earliest Lates Earliest- Latest Day 1 Day 1 Day 1 Day 1 Day 1 Day 10 Day 1 Day 10 Day 90 Day 120 Day 90 Day 120 If the unexpired term of the council vacancy is LESS 7HAN ONE YEAR the City Council chooses to fill the vacancy via the SPECIAL ELECUON PROCESS. ACTION Vacancy Occurs. Public notified of Council Vacancy. Public notified of City Council's intent to fill the vacancy via the Special Election Process. Special Election is held. 1 1►J �I TlN U w CUR PROPOSED Earlies Lates Earliest— Latest Day 1 Day 1 Day 1 Day 1 Day 1 Day 10 Day 1 Day 10 Day 1 Day 30 Day 1 Day 30 Day 90 Day 120 Day 90 Day 120 BCCHARTR. WKS; tk; 5/25/94 1 BROOKLYN CENTER CHARTER COMMISSION TPAE LINES FOR PROPOSED CITY CHARTER CHANGES regardin MLINS OF COUNCIT. VACANCIES If the unexpired term of the council vacancy is LESS 77I4N ONE YEAR the City Council chooses to fill the vacancy via the APPOINTMENT PROCESS. ACTION Vacancy Occurs. Public notified of Council Vacancy. Public notified of City Council's intent to fill the vacancy via the Appointment Process of the Procedures for Interested Applicants to follow. Applications for Appointment Accepted. Applicant Interview Schedule Announced. Applicants Interviewed. City Council Appoints Person to Fill the Vacancy. TIME LINE -CURRENT PROPOSED Earli es Lates Earliest Latest Day 1 Day 1 Day 1 Day 1 Day 1 Day 10 Day 1 Day 10 Unspecified Unspecified Day 1 Day 10 Unspecified Unspecified Day 1 Day 21 Unspecified Unspecified Day 22 Day 25 Unspecified Unspecified Day 28 Day 45 Unspecified Day 30 Day 28 Day 45 If the City Council fails to fill a vacancy via the Appointment Process, within the allotted irmeframe, then a Special Election shall he called and the following time lines apply. TW LINE CIIRRIE,I�g PROMSED ACTION Ear]i t Lates Earliest L atest Public notified of Special Election. Day 30 Unspecified Day 46 Day 46 Special Election is held. Day 90 Day 120 Day 90 Day 135 BCCHARTR.WKS;tk;5 /25/94 2