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Home My WebLink About1991 02-27 CHCAFEBRUARY 27, 1991 t:0 P, M CITY HALL AGENDA 1, Call to Order 2, Roll Call 3. Approval of january 24, 1991, Annual Minutes 4o Correspondence A, Letters to Post/NorthWest News B. Letters to Chief judge Levv (1) Annual Report Sent ,2) Status of Charter Membership 5, Oil! A. B Business Section. 3.01, Council Meetings 0 (1) Concept Statement as Pre by Commissioner Christensen I I Section 2,05, Vacancies in the Council (1 Comments from Commissioner Hildebrandt New Business 7. Next Neetinz Date i^5 Ad I i ou r nine nt r 0 Brooklyn Center Charter Commission Date: December 9, 1990 Concept statement on the date of taking the oath of office. At the newly elected council persons decision. The newly elected council person may decide to take the oath of office at any time during normal office hours on or after the first business day in January after a November General Election. It is desirable that the oath taking occur before or at the the first council meeting on or after the first business day in January. If the oath can not be taken by the date of the first council meeting as mentioned above, it should occur as soon thereafter as practical. Note: This statement does not deal with the time to take the oath of office after a special election. This statement does not deal with the time to take the oath of- office after an appointment by the Council. PROPOSED NEW WORDING FOR SECTION 3.01 COUNCIL MEETINGS Tba_Q,itV COUTI.Ci I !=�baj 1, bnIXI regULar, Tr at such time and n it T by motion shal Elected officers provided for by this barter Ila' be sworn in and assume the duties of the office to which the were fi rst elected on or after the first business day of January, or at t first t city council meeting in january soon thereafter as practical:TNewly appointed council members,A&-tr 'take the oath of office on or after the fJ rst business day after receiving appointment, o)at the,next city council meeting, or as soon thereafter as practical The Mayor of any two members ofr' the Council may call special meetings of the Council upon at least twenty-four (24) hours' writ notice to each member of the Council. Such notice shall be delivered personally to each membe. 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 K with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. PRESENT WORD FOR SECTION 3.01 COUNCIL MEETINGS On the first business day of January following a regular municipal election, the Council shall meet at the usual place and time for the W holding of Council meetings, At this time, -1 1 he newly elected members of the Council shall assume their duties. Thereafter, the Council shall meet at such times each month as may be prescribed by The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hour's written not to each member of the Council, Such notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person. Al. .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. 0 January 25, 1991 Commissioner David Hildebrandt 3117 Lawrence Road Brooklyn Center, XN 55429 Dear Commissioner Hildebrandt: I have reviewed minutes and relating correspondence to the matters concerning Section 2, 05, Council Vacancies, I am enclosing the following for your review and information; 9/2709 11/29/89 1/24/90 3/7/90 4/25/90 5/30/90 5/27/90 g1l 0/10/90 9/12/90 9/26/90 11/7/90 li/20/90 11/27/90 11/28/90 Commission Minutes Commission Minutes, Commission Minutes Sub Committee Minutes Commission Minutes Commission Minutes Commission xinut,s Memo from me with City Attorney'n letter Sub Committee Minutes Commission Minutes Commission Kiputes Letter from City Attorney Q! pages) Memo from me with Commissioner Kuefler's letter and ordinance form of Section 2.05 as presented to City Council and rejected Commissioner Willard's letter Commission Minute= I would like to note that the minutes from the annual meeting are not in final draft form yet. It is my understanding that Chairperson Commers wishes to have you review the current warding of Section 2,05 and particularily examine the City Attorney's lizpcents in his two letters to us as well as his comments when he attended our meeting <Xay 30, 1990). If you should have any further questions, please contact no at 560-0421 or Edward Commers at 533-5706, Sincerely, Carole i. Blowers Administrative Assistant February 23, 1991 TO: Brooklyn Center Charter Commission FROM: Commissioner David Hildebrandt NV TOPIC: Sections 2.05 and 2.05A, Council Vacancies Recommendations After reviewing Commission Minutes, Sub Committee Minutes, and letters from various Commissioners and the City Attorney I have two recommendations regarding City Council vacancies. Regardless on how various members feel, please remember this issue has been discussed for almost 18 months and we should resolve this as soon as possible. RECOMMENDATION #1 Similar to what Commissioner Willard stated in his letter dated 11/27/90, I suggest that the city attorney rewrite sections 2.05 and 2.05A according to his recommendations stated in his letter dated 11/7/90. This should allow the statues to read cleaner, and eliminate some of the problems between the charter and State Statues. I also believe that a primary should be added as an available option with special elections. Opponents to primary elections state that they are time consuming, expensive, and are seldom if ever used. However, I believe that a primary (if ever needed) would allow candidates to be elected by a majority of the voters, and not through plurality. RECOMMENDATION #2 Resubmit an amended proposal to the City Council drafted by the Sub Committee on Council Vacancies. I believe that a point that needs be stressed is that a person who is appointed to fill a temporary Council position, should not serve more than one year. If the temporary position is for a period longer than one year, the position must be filled via a special election. Additionally, we should also include that special elections should have the option of using a primary. CONCLUSIONS According to the city attorney, neither the current nor proposed provisions are illegal or,unconstitutional. However, I feel understanding the process in replacing City Council vacancies is confusing. When the Charter Commission attempted to improve the 1 current wording of sections 2.05 and 2.05A, they received an eleven page response. Repeatedly the letter mentions how the changes the Charter Commission made were not needed because they were covered by the Minnesota Statutes. Thus, one is almost left with the feeling one should leave the sections as they are, and let the Minnesota Statues take care of them despite the confu- sion. If we want to make changes to charter sections 2.05 and 2.05A, we must agree what changes are most important. Trying to make too many changes may receive considerable opposition by both the city attorney and City Council. I believe Commissioner Kuefler said it best when after reviewing the city attorneys' letter on 11/7/90 and the proposed amendments "WOW, we certainly seem to have opened up a can of worms." so C �A