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HomeMy WebLinkAbout1990 09-26 CHCABROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 26, 1990 7:00 P.M. CITY HALL AGENDA 1. Call to Order 2. Roll Call 3. Approval of June 27, 1990, Minutes 4, Correspondence 5. Old Business A. Council Vacancies- Proposed Revisions (1) Sub Committee Recommendations B. Budget Revisions Section 7.06 6. New Business 7, Next Meeting Date 8. Adjournment 0 0 BROOKLYN CENTER CHARTER COMMISSION MINUTES OF THE SUB COMMITTEE ON COUNCIL VACANCIES SEPTEMBER 12, 1990 7 P,M. CITY HALL, COUNCIL CHAMBERS Members present: Ed Cornm rs (Chair), Mona Hintzman, David Ault Ed Commers presented to the members of the sub-committee and the Administrative Assistant warding which he felt would incorporate all items and suggestions to date. After review and discussion of his proposed wording, subcommittee members agreed on some additions and deletions. The Administrative Assistant reviewed items discussed at the full commission meeting of june. Final recommendations for wording is attached. The full commission will discuss these wording recommendations on September 26, 1990. It was decided that we should wait and invite the City Attorney to attend our meeting following the full commission's approval of this wording. The meeting adjourned at 8:05 P.M, Chairman: Barbara Sexton Secretary: Beverly Wolfe Attachment Respectfully submitted, arole J. Beers, C.P.S. Administrative Assistant 0 Section 2,05 Vacancies in the Council When, for any reason, a vacancy should occur in the City Council or office of Mayor, the City Council must publically declare such vacancy 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 as prescribed by this charter or by law; (2) violation of any express prohibitions of this charter; (3) in the event of conviction of malfeasance in office; (4) failure to attend three consecutive regular meetings of the council without being excused by the council; (5) or departure of residence from the city. Section 2.05A Procedure to Fill Council Vacancies If the remaining term of office created by a vacancy is less than three hundred sixty -five (365) days, the Council shall, within 30 days, fill such vacancy, or vacancies, for this period by appointing a person, or persons, who must meet all the qualifications of this charter. If the council fails to fill a vacancy, or vacancies within 30 days of it becoming vacant, the City Clerk shall call a Special Election, without a primary, to fill the vacs ncy or vacancies, The special election is to be held no sooner than one hundred (100) days and not later than one hundred thirty (130) days following the occurrence of the vacancy or vacancies and to be otherwise governed by the provisions of Section 4.03, Special Elections. in case of a vacancy where there remains more than three hundred sixty five (365) days, a special election shall be called. The City Clerk shall call a special election without a primary to fill the vacancy, The special election is to be held no sooner than one hundred (100) days and no later than one hundred thirty (130) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections, When a vacancy in an elected municipal office occurs prior to one hundred thirty (130) days before a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. 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), Consideration is to be given to former Council Members, Mayors, or present and past City Commissioners. All appointed members shall serve until a special election or a regular election is held, 9/12/90 Section 2.05 VACANCIES IN THE COUNCIL. 'ie___'6fficd of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law o for of the office.. Wbap. fn anr_ reason. a vacancv should occu in the City Council or office of mayor. the City Cou m ust r�ublically declare such vacancy within ten clays o. f its occurr�ce. The M yor 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 charier, (3) in. the event (6onvicti4) of feasamce i of fice ci m involving moral tu r`1c rpitude, o4) failure to attend three consecutive regular meetings of the Council without being excused by the Councilo (5) dezj&rture oi;_resic icP frnm the c itj, Section 2..05A. PROCFDURF. TO FLU COUNQTL V ACANCI ES. If tie remaining terms of o ffic e create by vacancy ;s less the th hundre sixty five (365) cla_s. (if Council shall be filled temporar by the Council and then by the_voters` wttisin 3Q d4ys. fill such vacanc ar vacaiiC for &he remainder of the term at the next regular electio�� unless that election occurs within one hundred (100) days from the ccandi ccurrence of the vacancy, this__period being necessary to allow time for d ates to filel:£his period b agpointi a i= or sons who must .mee a t h n f by a m thz s c hater. The Council by a ajority t t h e of all its remaining members shall appoint a qualified person to fill he vacancy until the person elected to serve the remaiz�dez_n._the_ unexpred_ term takes office.. If the Council fails to fill a vacancy. or vacancies. within thirty (30) days of it becnming vacant the City Clerk shall call a special election witlWpt a i2LLparK to fill the vacancy or vacan cies. The 5necial election wills to, be hel note sooner than t (90) ne hundred (100) days and not later than one hundred(wentV v (130) days following the occurrence of the vacancy or vaca and to be otherwise governed by the provisions of Section 4.03, pecial elections. ID case of a vacancv where t here remains m ore than three hLn!ired sixty five (365) dam. a special_ shaj_.l be called. The City Clerk shall cam a s.necial election wi a primar to fill the vacancv. T s pecial election is t be held no so oner than one hund red (10 da ys and_7,o later than one hurAred t hirt y (130) days follo winz the occurrence of the vacar) and to be otherwise _gnvP Rg by t ,pro visions of Sectinn_4.03. Special Elections. When a vacancv i an e. lPcted municipal of fice occurs w ithin one hundred tILirty (130) days prior to a regula municipa election date. the s pecial election to f,Ul the vacancy s_&,l co with the regular election_ C The quorum of the Council consists of three (3) members;_ i�j.f at any time the membership of the Council is reduced to less than three (3), the remaining memberma hall by their unanimous action appoint additional members to raise the membership to M inimu m of three (3). Con sideration, is to be given to fo Council. members_ A4a ynrs or present and r)ast City Omissions. All anzpointed members shall serve until a s_Qeci,Aj election or a regular election is held. Last revision 9/12/90 C C TO: Edward Commers, Chair Mona Hintzman David Ault Barbara Sexton FROM: Carole Blowers Administrative Assts ant Brooklyn Center Charter Commission DATE: September 4, 1990 RE: Information for sub-committee meeting September 12, 1990, 7 P.M. I am sending you 3 items for your consideration before the upcoming sub- committee meeting. Item A is the letter I received from Tony Kuefler right before our last meeting in June. Item B is how I interpreted his June letter as well as other items discussed by members on June 27. 1 sent Item B to Tony Kuefler for his review, Item C is a copy of the correspondence I just recently received from Tony Kuefler. This correspondence does include some more revised warding. See you on the 12th. TO: Edward Commers, Chair Mona Hintzman David Ault Barbara Sexton FROM: Carole Blowers Administrative Assi Brooklyn Center Charter Commission DATE: September 4, 1990 RE: Information for sub-committee meeting September 12, 1990, 7 P. M. I am sending you 3 items for your consideration before the upcoming sub- committee meeting. Item A is the letter I received from Tony Kuefler right before our last meeting in June. Item B is how I interpreted his June letter as well as other items discussed by members on June 27. 1 sent Item B to Tony Kuefler for his review. Item C is a copy of the correspondence I just recently received from Tony Kuefler. This correspondence does include some more revised wording. See you on the 12th. R June 24 1990 is Carole Blowers Administrative Assistant Brooklyn Center Charter Commission 8624 Riverview Lane N Brooklyn Park, Mn 55444 Dear Carole. I will be unable to attend the June 27th Charter Commission meeting due to a high priority job commitment on the 27th and 28th. Accor'din'ly, I offer my recommended language change for addressing the length of appointment issue. I feel the added language I am proposing will address the basic issue, without having to address all the issues /questions raised by the City Attorney. My apology for not being able to attend this important meeting, Please share this information with the Commission members. Than for co ration and support. ony Kuef1 5943 Abbot Ave N Brooklyn Center, Mn 5 29 cc Ron Christen"r).: SECTIM 2,05 VACANCIES IN THE COUNCIL. WOrding� Then alter the 3rd sentence and Inett a 4th sentence, as follows:) A Yvac&noy in the Council shall be filled temporarily by the Council the unexpired term of the vacant position does not exceed 36.5 days (1 .vear) 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 occurence of the vacancy, this period being necessary to allow time for candidates to file. A special election shall be called, if the next regular election does not fall within this 365 day period. ...........continue with the present language of this section NOTE: underlined words are the recommended additions, all other language could remain the same. 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. Zb for an,L reason. a v acancy should occur in t he City Cou o r ntLice of Javor. the Citv Cou gust 9ubiicall dec:jAre simb vacancv w ithi n ten days of i occuriencP. 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 felony crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council—or (5) depar of rpsidence from the cityL. Section 2.05A. PrncPrUrP t Fill Council VacaUfjes. A vacancy in the Council shall be filled temporarily by the Council, provided _te ll te of t vac posit does no t exceed 365 d (l vear)..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. A special e lP.rt ion shal be cal i the next re gular e• 1PCt ion do es not fall wit t his 365 day neriod., The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election WWLtho_t a primary to fill the vacancy. The especial election will to 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, sEpecial eFlections. The quorum of the Council consists of three (3) members; ij.f at any time the membership of the Council is reduced to less than three (3), the remaining members may shall by unanimous action appoint additional members to raise the membership to three (3). All a member stajt serve until a sp ecial PlP Cti.on or a r election is bg1d. In ca of a v acancy where there remains mn rP_, t han three hundred sixty fiv+ (365) dam. a s pecial P1Pnt shall be call,. The City Clerk shall call- a s pecial election witlluut a priMary to fill t vacan a s nee r eject is to h e held no sooner t han nin (90) days a nd no Tester than one hundred twenty days following the occurrence o f th vac ancv and tg_be nt gQverrLed by t pro o f Section, 4.03 ections. When a vacancv i an ele cted *munici office occurs witl}in one hundred twe 120) d Aya-prio r to air.QUl Wnicipaj Pl ection da te. the s pecial election to fi t he v s hah coijide w ith the regular e lection. It within th on"undred tw enty (12 day period be fore a regular municipal, election. tlg vaca occurs in the o ffic e of the Ma o r CotWil Y&mbera whose seats kre tg be dec in th e electtw. said vacancv stall bg Qansi not to exist f purposes of the e lection. Last revision 6/27/90 UNDERLINED ITEMS INDICATES ADDITIONS TO PRESENT CHARTER WORDING CIRCLED ITEMS INDICATES OMITTED LANGUAGE FROM PRESENT CHARTER WORDING Section 2 0 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. 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. A vacancy in the Afpe +Mf.V%A I d ,e 4 Council shall be filled °i _l by #err Council anel 4te 44 r� 4 k YS tl& -c a G te �n c�o ri o ..e xC e e4( 3 C. S �IL7 /inn i G pet +t�d Vii* e. The Council by a majority vote of all its remaining members Shall appoint a qualified person to fill the vacancy. w"44 r-07.00.11 'Ti" I. remai --vf- -+1e 1 T F a /^aen4 LY Is ��e- v CC,,,t r©s ftrrn lexCe 3105 ��yS OI wee+ -;I F* the Cotmci1 fails to fill a vacancy with i 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 Abe 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 Covuicil is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3). 2 HOLMES GRAVEN CHARTERED 0 Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 5.5402 ROBERT A. ALSOP (612) 337 -9300 JULIE. A. LAWLER PAUL D. BAF.RTSUIII Facsimile (612) 337 -9310 CHARLES RONALD H RATTY JOAN M. I.E JR, E FEYRE, EVRER. MAR\ J. BRF.NDF.N ROBERT J. LINDALI. STEPHEN J. BUBUI, LAURA K. MOL ROBERT C. CARLSON DANIEL R. NELSON M. CIIALE BARBARA 1.. PORTWOOD JOAN B. DEAN ROBERT J. DEIKE WRITERS DIRECT DIAL MARV FRANCES SKALA MARY G. DOBBINS JAMES M. STROMMFN JEFFREY F.N(. STEVEN M. TALLEN STF.FANIF. N. CrAI.EY JAMES J. THOMSON. JR. DAVID L. GRAVEN LARRY M. WERTHEIM C ORRINE A. HEINE BONNIE 1., WILKINS JAMES S. HOI.MF.S DAVID J. KFNNF.DV 337 -9215 OF COUNSEL JOAN R. LARSON ROBERT 1., DAVIDSON WELLINGTON H. LAW JOHN G. HOES('tll.FR July 17, 1990 Ms. Barbara Sexton Chairperson, Brooklyn Center Charter Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Proposed Charter Amendments Dear Ms. Sexton: You have asked for my further advice on two questions relating to the proposed Brooklyn Center City Charter amendments. The first is whether it is mandatory that the City hold primary elections. The City is not required by law to hold primary elections in the case of either special or general municipal elections unless the Charter requires a primary election. Secondly, I indicated at our last meeting that I would review the law to determine whether the term "malfeasance" is a term which has a meaning which is sufficiently definite and well recognized so that by merely stating the term "malfeasance" in the Charter as an event which creates a vacancy on the Council, the City would be incorporating a body of law which defined that term. We found that, although there are cases in which the courts have had to determine whether certain conduct constitutes malfeasance, it is not a term with a sufficiently well recognized meaning that I would recommend that the Charter Commission rely on merely inserting the term without any further definition in the City Charter. Therefore, the simple solution to the question which I hoped to find will not work. The constitution authorizes the legislature to provide for removal from office for malfeasance in the performance of official duties. Since a Charter provision has essentially the same effect as an act of the legislature, the Charter could provide that a vacancy occurs in the event of malfeasance in office. However, if the Charter Commission wishes to provide for removal for malfeasance, it should include in the Charter some definition of what constitutes malfeasance. Among the acts which you may wish to consider specifying as constituting malfeasance and therefore creating a vacancy on the Council are the following: 1. Conviction for the crime of bribery in violation of Minnesota Statutes 560 9.42. 2. Misconduct in office relating to official duties as mayor or City Council member in violation of Minnesota Statutes 9609.43. This section makes it a crime to do any of the following: intentionally failing or refusing to perform a known mandatory, non discretionary, ministerial duty of the office within the time or in the manner required by law; or under the authority of such office doing an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or under pretense or color of official authority intentionally and unlawfully injuring another in the other's person, property, or rights; or in the capacity of such office, making a return, certificate, official report, or other like document having knowledge it is false in any material respect. 3. Conviction for violation of Minnesota Statutes 5609.45 involving fees or compensation to the mayor or council member as a mayor or council member. This section makes it a misdemeanor for a public officer, acting under color of his or her office, to intentionally ask, receive or agree to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed by law. 4. Conviction of violation of Minnesota Statutes 9609.455, prohibiting a false claim against the government, when such claim is a claim against the City. This section of the statute makes it a crime to audit, allow or pay a claim or demand upon the City which the public officer knows is false or fraudulent in whole or in part. 5. Conviction of violation of Minnesota Statutes §609.465, presenting false claims to a public body with intent to defraud or knowledge that a claim is false when such claim is made to the City. If you have any further questions on any of these matters, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:sg B R2 91 -7 MEMORANDUM TO: Mrs. Barbara Sexton, Chair and Members of the Charter Commis FROM: Gerald G. Splinter, City Manager DATE: July 25, 1990 SUBJECT: Recommended Changes in the City Charter Relating to Annual Budget Procedures The Charter Commission will recall I reported to you that changes made in State law made obsolete certain sections of our City Charter, namely portions of Section 7.06, Passage of the Annual Budget. Attached please find copies of two alternate recommendations numbered 1 and 2. Recommendation No. 1 is, from City staff point of view, the preferred recommendation. These suggested changes make the Charter more generic and not subject to changes should the Legislature again change their mind on any portion of the timing of the budget process. Recommendation No. 2 basically modifies Section 7.06 in a fashion which places the timing requirements of the current State law in the Charter. We recommend No. 1 option because we believe over time the charter document will remain more stable. We have already heard complaints from some County officials that some of the notice and timing requirements of the current State law are going to have be modified during upcoming legislative sessions. Given the unstable nature of these requirements, it probably is the best course of action to stay as generic as possible and adopt most State requirements by reference rather than including them in the charter document. If we leave the specifics of State legislation in our Charter, then it will have to be changed each time the Legislature changes these requirements. Should you want me to attend any future meetings to discuss this matter further, please do not hesitate to give me a call. 1�1 (BCCC) SUGGESTED CHANGES TO CITY CHARTER CONCERNING THE ANNUAL CITY BUDGET CHAPTER 7 TAXATION AND FINANCES RECOMMENDATION NO. 1 Section 7.06. PASSAGE OF ANNUAL BUDGET. ri ..�T. iT.fr�:TiT.ITi �T�ii#Tiri it �117�witw•.a.•r�rr,�e.e �e►.rn•••••�•- u e L 6 }A} —d ��a Er T *ten`, gc'r, °g c h a ll be so _eo'x4u' ee Ud as t9 —give .,terriested. —4 a Feasenabl e– eppartun4 ty to be-heard. At least thirty (30) days prior to the adoption of the proposed annual budget and/or property tax levy required by state low, the City Manager shall submit the proposed budget to the City Council. Public hearings,. notices of. public hearings, and other legal publication requirements shall be in accordance with state law. 11 -1- t RECOMMENDATION NO. Section 7.06. PASSAGE OF ANNUAL BUDGET. proposed budget as A—the first regular-mG4th4-m@4 of the Colin 1- -in September-, and- -the- -Cou nc ch d Riee 4 gs F@ r a cra o 4� e- Manager' budg &t -has- been- c-on-s_i d e 'A:1 coasirlex�d steal l —cant i-tute -a -pu bT }c -head n )-b--'Fef:i: th'a. seven (7)_ �Ar_m en /141 days n^ +in of J y s hall a re qppe:ptunity At least thirty (30) days prior to the adoption of the proposed annual budget and/or property tax levy required_bx state law, the Citj Mana er shall submit t-tre- proposed b�idget to the City ouncil. The following bud et and /or property tax levy process required by state law shall be followed: On or before September 1: The City must certify proposed levy to the county auditor and adopt the proposed budget by resolution. The City must select initial and continuation budget hear- ingdates. November 15: The first day that the City may hold initial hearing to adopt the final property tax levy. Not less than two (2), nor more than six (6), working days before the initial hearing, the City must publish a newspaper ad of proposed tax compared to last year's tax, and the times and dates of scheduled hearings. December 20: Last day for holding hearing to adopt final budget and final property tax levy. The City must adopt a final levy and budget at this hearing. On or before five (5) days after December 20: Certify final property tax levy to the county auditor. After Adoption of Budget_ The City mustpublish asummary budget statement in the official newspaper. -2-