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Home My WebLink About1994 05-25 CHCAHAPTEF MAC 2 IL 9 4 -'HAvBF. 1. Call to Ordel 2 F. o I I C, I T Minute:_ Apr 27, �A Apprcv= c 4, Comamuni�_ations 7 'ld A. Report from 1 C-ommit'l c AP7,-ointment Process (Slizaesteii 7-, raf aasru a-e -FoT i on 2, r,- and 2. 0 eznc 1 o-led- review ahcad of mc3e. New Busi-re, s D Xenfners-lai" of the Commission I B. Plaque` of Appreciation for Cut,--cin Meriber.s Hildebrandt, Li-dh, Va r Ile r Ne, Xept4 0 �ng Date lkd j ou r nme nt 77- YO" AITNOT MAKE HI XEE CONTAC"' AROLE BLOWER.,S AT 560-0421 OR EILEEN OS-IMUD, CHA T RPERSON, AT ,S THANK YOU, NCTE; You will be ab fri- this, meeting, Please con- 4- (n r 4 1 fe Ton b ons C)s und. or y K�jefler wi.'-h your C Jlmlen'7 r "e ga d i .1 he dra 7 nd c&- ti -n 0 2. 5) a OF efore t D bhe m eet, ing. -a n u -a e to 4 7 -t is Planned to present plaques of a to cut going members Davir' Fil-.de'Drandt, Zveretf; T 'Ip"In' an.'a Warner at t 1 May .23, 19-94, ity Courcil meeting, at 7 Fl, M, All Lire invited to atteni thi�: s r n 5r C c- me e +I i r' g Plaolues are presented 7�t tlne bl- i mi �f +b me- e frig, rig, BROOKLYN CENTER CHARTER COMMISSION APPOINTMENT PROCESS SUB COMMITTEE MEETING MAY 4, 1994 7:00 PM CONFERENCE ROOM A AGENDA 1. Reports on issues researched: Definition for'occurence of vacancy' Oslund -City Staff Commission Application Position Application Forms Blowers Senate Metro Affairs Commission Application Forms- Wolfe -Best Worst Case Time Lines Nickelson 2. Charter Amendment Language Willson 3. Review City Councilperson list of concerns /issues and how we have addressed them Kuefler 4. Assess our position and determine readiness to present our recommendation to full Charter Commission Kuefler 5. Other business 6. Adjourn BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE ON COUNCIL VACANCIES MAY 4, 1994 7 p.m. CONFERENCE ROOM A PRESENT: Bev Wolfe, Eileen Oslund, Tim Willson, Myrna Kragness, Tony Kuefler (Chair) ABSENT: Robert Mickelson Bev Wolfe presented the committee with a copy of a state application for service on state agencies; Carole Blowers had copies of a city employment application and an application for appointment to an advisory commission. Eileen Oslund updated the committee on her conversation with the City Attorney regarding what ten days meant when declaring the vacancy, and that means ten calendar days. She also reported that a candidate has a right to withdraw his resignation until the City Council passes a resolution accepting the resignation. The City Council can rescind a resolution which accepted a resignation if they so desire to. Draft language presented tonight by Tim Willson was reviewed. Changes were made in 2.05 a and 2.05b. Draft after these corrections were made is attached. The full commission will be presented with the last draft language at the May 25 meeting for their comments and suggestions. A final check was made to see if the committee had addressed all concerns of the council. It appears all items were addressed. The committee will incorporate comments from the full commission and bring that to council members along with timelines. Tony Kuefler will see if Robert Mickelson could prepare the timelines. Comments from council will be taken to the full commission before final adoption by the full commission. City attorney will have to review also. Carole will have the draft language with strike outs and additions in format for full commission at May 25 meeting. Plans are to finalize this section at June full commission meeting. Meeting adjourned at 8:30 P.M. Respectfully submitted, t Carole Blowers Administrative Assistant 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 BROOKLYN CENTER CHARTER COMMISSION TIl11E LINES FOR PROPOSED CITY CHARTER CHANGES r-egar FILLING OF COX NCIL VACANCIES If Me unexpired lean of Me council vacancy is one year or longer. BCCHARTR.WKS;tk;5 /25/94 1 TIME LINE CURRENT PROPOSED ACTION Earlier Lates _Earliest_ Latest Vacancy Occurs. Day 1 Day 1 Day 1 Day 1 Public noted of Council Vacancy of the City Charter's requirement that the vacancy be filled via the Special Election Process. Day 1 Day 10 Day 1 Day 10 Special Election is held. Day 90 Day 120 Day 90 Day 120 If the unexpired term of Me council vacancy is LESS THAN ONE YEAR the City Council chooses to fill the vacancy via the SPECLAL ELEC77ON PROCESS. TIME LINE CURRENT PROPOSED ACTION Earlies Lates Earliest Latest Vacancy Occurs. Day 1 Day 1 Day 1 Day 1 Public notified of Council Vacancy. Day 1 Day 10 Day 1 Day 10 Public noted of City Council's intent to fill the vacancy via the Special Election Process. Day 1 Day 30 Day 1 Day 30 Special Election is held. Day 90 Day 120 Day 90 Day 120 BCCHARTR.WKS;tk;5 /25/94 1 BROOKLYN CENTER CHARTER COMMISSION TIl%IE LINES FOR PROPOSED CITY CHARTER CHANGES =ardiW FHAANG OF COTTNCTL VACAITCTES H the unexpired term of the council vacancy is LESS THAN 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 Earlies 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 Appoinhnent Process, within the allotted tunefrdme, then a Special Election shall be called and Me following time lines apply. TIME LINE CTTRREN.' PROIWSED ACTION Earlies Lates Earliest Latest 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 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 vaca shall be host at Ci ty Hall and se r the of ficial city n_ ews n the n ext bu siness 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. Section 2.05a: PROCEDURES TO FILL COUNCIL VACANCIES COUNCI-L A3_PoINT 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] my choose to appoint a qualified person to fill the vacancy_ or aL�fo a special election If t lge uneZ_p i red term n the ccs l vaca is one year o Longe a s pecia l e lection shall be called. by-the- Council. Notice of Vacancv. with a de scriptio n setti_nq forth a %L imum set of legal_ gualiticatinns (age. residence. etc.) to h� lic office shall be posted- �it City Hall and sept to the nf .ficia l city new r on the next buc;i_ness day and shall include the fo llowing informa A Bra nklyp CeUjar C ity S, tanda W ication must be received by thg Citv Clerk. no later than twe.Bty -qpe (21) day_ s from the date of th-e declared vacancv. City staildard qpplic ation forms submitted by the plicants a docum_QDts a shall req uest information reouired in accorda�e with t Minn esota Stat St4j:utnry Reouire to hold public Qf-fj and i w ith the Minnesot Data Practices Art. kd tional standard informat forms may b e adgp±gd by the Citv anal shall be rewir of ea applican u nd-torml y. The app !cant may submit a resume in addition to the standard aVnlicat forms. 2. Iview Schedul sh all be completed aTj_d_nosted at Citv Hall no later th 25 davm- rom_tbe declared vacancv_. 3. Interview Process 3a. A- plicants s hall be intervie by t counci in acco rdance with the State o Minn esota open zeettLq laws. fib. A public minimum uniform standard list o stions s hall be wed of eac ap 1p ieant Fo llow on ggestionG rel evant to the uniform standard a uestigns may also be as Additional Q uestions asked of Me a_g_nlicant s hall then be asked of all th e api2jicants. 4. Selectio Process Upon coTol etion of tlae i nterview 12roces the C ouncil ma y c411 f� a vo a to appoin a n applican E ach council person ma cast q,Dl one vote for a preferre a p In ican o n each called -for vot to aunt. WJJ tte ballots listing the sapplicant(s) shall be used Each councll4wx- 15or vote s hall he_p ecnrAg!5. Al212licant(s) receiving votes co ntin ue in the proces simply majorit o f the council votes shall appoint tha a pplican t t oe- Q tv c ouncil. 5�. If the Council fails to fill a vacancy within [thirty (30)] forte fU ve (45—) days, the City Clerk shall call a special election to fill the vacancy. Section '=.05b. PROCEDURES TO FI ?,L COUNCIL VACANCIES SPECIAL F _LFCTIO If the u%e�ired term of the council vacancy is one vea longer. or if the Coun cil fails to aapoi.nt within 45 days wh ap li.cable. or the Council has called for a sneci.al election. a special election sh,41Jl be cALIed by thg City Clerk. The election will be held not sooner than ninety (90) days and not later than one hundred (twenty (12003 thirty -five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. [If the 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) hers, the remaining members may by unanimous action appoint additional members to raise the membership to three (3). S 141 9-1-f POSSIBLE TIME LINE SCENARIO IF VACANCY IS UNDER ONE YEAR EARLIEST Day 1 ANNOUNCE VACANCY Day 21 CLOSE APPLICATION PROCESS Day 25 INTERVIEW SCHEDULE Day 26 EARLIEST DAY TO APPOINT IF COUNCIL APPROVES IMMEDIATELY Day 45 LAST DAY CITY COUNCIL MAY APPOINT i IF CITY COUNCIL UNABLE TO CHOOSE; SPECIAL ELECTION Day 90 THE EARLIEST DAY FOR SPECIAL ELECTION Day 135 THE LAST DAY FOR SPECIAL ELECTION IF VACANCY IS OVER ONE YEAR SPECIAL ELECTIONS HELD 90 TO 135 DAYS AFTER THE CITY COUNCIL ANNOUNCES VACANCY IF COUNCIL OPTIONS, THEY MAY CALL FOR A SPECIAL ELECTION 90 TO 135 DAYS AFTER VACANCY IS ANNOUNCED UNDER THE OLD METHOD DAY 1 ANNOUNCE VACANCY DAY 30 LAST DAY TO FILL VACANCY IF NOT ABLE TO FILL VACANCY, SPECIAL ELECTION DAY 90 FIRST DAY OF SPECIAL ELECTION DAY 120 LAST POSSIBLE DAY FOR SPECIAL ELECTION IF OVER ONE YEAR; A SPECIAL ELECTION 90 TO 120 DAYS TO PERFORM THE SPECIAL ELECTION