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Home My WebLink About1992 05-20 CHCABROOKLYN CENTER CHARTER CUMMISSION MAY 20, 1992 7:00 P.M. AGENDA HOTS: Meeting will be held in the Arts and Crafts Room at the Community Center, upper level. 1. Call to Order 2. Roll Call 3. Approval of April 22, 1992, Minutes (enclosed) 4. Correspondence A. Letter to SunPost RE: tonight's meeting B. Letter to NorthWest News RE: tonight's meeting C. Letter to City Attorney Charles LeFevere dated 4 -26 -92 (enclosed) D. Letter from City Attorney in respgnse to item C (enclosed) E. Letter from Chief Judge Levy Accepting Marie Nyquist as our New Commissioner 5. Old Business A. Status of Section 2.05, Vacancies in the Council B. Sub Committee on Preamble C. Sub Committee on Appointment Process D. Adopt -A- Park /Adopt -A -Trail /Adopt -A- Street Programs: Myrna Kragness 6. New Business A. New Membership Rosters (enclosed) 7. Next Meeting Date 8. Adjournment April 26, 1992 Mr. Charles L. LeFevere City Attorney 470 Pillsbury Center Minneapolis, MN 55402 RE: Proposed Changes to Section 2.05 of the City Charter Dear Mr. LeFevere: At our meeting of April 22, the Charter Commission members discussed your letter to me of April 9, 1992, regarding the above mentioned topic. At this meeting, members have directed me to request that you prepare new wording for this entire section of the charter to include the following: deletion of the statement, "Consideration is to be given to former council members, mayors, or present and past city commissioners change the word "less" to "fewer" in the following sentence: "If at any time the membership of the Council is reduced to less than three (3), the remaining members shall by their unanimous action appoint additional members to raise the membership to a minimum of three (3 adopt Option I as you presented on page 3 of your letter of 4 -9 -92. the concept that we wish to have reflected in the wording will cover exactly what will occur if a vacancy was for over one year. We ask that you respectfully submit your suggested wording within two weeks or as soon as possible in order for the Charter Commission to discuss it at our upcoming May 20 meeting. Thank you for your continuing assistance in this matter. Sincerely, Allen Anderson, Chairperson BROOKLYN CENTER CHARTER COMMISSION cb 0 544T64400000 +00000oo MAY 13 '92 10:44 HOLMES a GRAVEN P 0 CITY OF B1 ooKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Sections 2.05 and 3.01 of the Brooklyn Center City Charter. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at $61 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, OF THE BROOKLYN CENTER CITY CHARTER, THE CI'T'Y 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. [The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office.] When, for anv reason, a vacanev should occur in the Citv Council or office of Mayor. the Citv Council must publicly declare such vacanev within ten days of its occurrence. 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, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[ (5) departure of residence from the Citv. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elects to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the election authorities 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. 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. PROCEDURE TO FILL COUNCIL VACANCIES. The Council bit a majority vote of all its remaining Tf shall a a aualified person to fill the vacanev. The 'person a,oiDointed shall serve until the xoosition is Pilled by a pperison duly elected to the nosition. A narson elected to replace an appoi2atee shall serve for the remainder of the unexpired term of the vacant position, except in the case of an election held at the regular election urecedine; the end of a full term, in. which case the person elected shall serve a four vear term. If the Council fails to fill a vacanev within thirty (30) days the Clty Cleric shall call an election to fill the vacanev. The election will be held no sooner than one hundred (100) days and no later than one CM34197 BR291 -7 MAY 13 Y 10:45 WILNES GRAVEN F. hundred and thirtv (130) days followinz the occurrence of the vacancv and to be otherwise aroverned by the provisions of Section 4.03. Special Elections. A vacancv in the Council shall be filled temnorarlly by the Council and then by the voters at a regular or special election to be held on the first Tuesdav after the first Monday of November which follows the occurrence of the vacancv; provided. however. that if such date occurs within one hundred (100) days from the occurrence of the vacancy, this period beine necessary to allow time for candidates to file, the election shall be held on the first Tuesdav after the first Monday of the followinv, November. If more than two people file for a vacant council position in a �pecial election 2,primary shall be required. The quorum of the Council consists of three (3) members. If at anv time the membership of the Council is reduced to fewer than three (3). the remaining members shall by their unanimous action appoint additional members to raise the membership to a minimum of three (3) Section 2. Section 3.01 of the Brooklyn Center City Charter is amended as follows Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as It by motion shall determine. Officers elected at [the time of a regular municipal election provided for by this charter] anv election held on the first Tuesdav after the first Mondav of November in #either even or odd numbered vears shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at [a special] anv other election shall be sworn In and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this day of 199,. ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. Mayor, Todd Paulson CLL34717, MU91 -7 2