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HomeMy WebLinkAbout1987 11-18 CHCA BROOKLYN CENTER CHARTER COMMISSION NOVEMBER 18, 1987 7:00 P.M. LRTS CRAUS RO L T CO ZXUN U EV ER 1. Call to Order 2. Roll Call 3. Approval of September 30, 1987, Minutes 4. Correspondence 5. Old Business A. Rules of Procedure 6. New Business A. Possible Charter Change RE: Hiring of Permanent Fire Chief" (To be sent under separate cover) 7. Next Meeting Date 8. Adjournment PROPOSED CHANGES TO THE RULES OF PROCEDURE DATED APRIL 23, 1980 Section IV MEETINGS Under "A" add: 1• The annual repor audit repor election of officers. appointment of Audit and Public Relations Chair and salary ,stment for the Admini strative Assistant ar agenda items far this meeting, In the first sentence in "D majority is misspelled. Add IT. Non mipsinn members wishing to address the rnTg ion will have an op ortun y b� reg isterin g with the Chairperson at the beginning of the meetin IQ-Public te stimony will be received t v t he co mi ss ion after g formal motion has been made and is b ing discussed by the co issinn_ Section V. OFFICERS In the last sentence, "called" is misspelled. Ada tae following under this section: A. Chairperson 1. The acting official and representative of the commission 2. The presiding officer at meetings 3. Appoints committees 4. Calls all regular and special meetings 5. Directs correspondence with Chief Judge of Hennepin County District Court 6. Prepares annual report to district court, Chief Judge, and City Clerk 7. Appoints Audit Chairperson and Public Relations Chairperson 8. Ascertains year through the City, Manager (after the legislative session) as to any statut c han ges affecting the charter commission 9. Member of Executive Committee NOTE: This section is brought forward from the present Section VI.A.1 -8 items. Item 8 above is an addition suggested at our meeting. Gender changes are made as this section is brought forward. B. Vice Chairperson 1. Presides over commission meetings and acts on behalf of the Chairperson 2. Member of Executive Committee *NOTE: This section is brought forward from the present Section VI.BI -2 items. No changes are being suggested for this section other than gender changes. C. Secretary 1. Responsible for Commission records, minutes, and correspondence 2. Supervises and directs the Administrative Assistant a. Dut of Ad ini s .rati_ Assistant are: I (1) Sends meeting notices to the official newspaper with a periodic r eminder thgLt agendas are availableuoon reques 1_�2) Attp all meetingg. including su committees: .(:3) copies. and mails all minutes agendas letters, ordinances. and annual reports; Votifies City Clerk of future meetings and arranges for meeting room U pdates membership raster, mailing lis roll call list, membership file and related (iocuments: Provides new members with rules of procedure and other supplies and material L9) Makes certain doors to meeting room are opened and secured at adjourn ment for all meetings: QQZMUMicates with commission members fa tv Hall personnel hi J uAze's clerk and newspaper personnel by phone, in person. or by mai 1(9) Sends azendas to all known Brooklyn Center organizations when a ha r`c change is proposed. (10) Maintains minute book and sup ort documents relating to issues dealt with by the commission �s W k o I -e 3. on ={h1 for A3tlia �is`f of civic or anizations�in the nit 4 r a��i., ,1st t s e n d as and mi nutes tjE o-C_ -l-ke- Ck Co�,.w, %ss.or� 4. Member of Executive Committee 410TE: This section-is brought forward from the present VI.C.1 -4 section with the addition of the Administrative Assistant's duties, and item 3 above is an addition as' suggested at our meeting. Section VI. EXEECUTIVE rnMMITTEE Delete A.B.C.D. and E and all items below them in present rules, and add the following: The Executive Committee shall consist of the Chairperson. Vice Chairperson, Secretary. A.stUt r hairpg rson, and Public Relations Chairperson The Executive Committee shall appr g vA t he Annual Report and have the powers and functions as are authorized by the commission. A. Audit Chairperson 1. Reviews and approves all expenditures chargeable to the commission 2. Makes periodic reports on status of budget and calls for annual audit report from Finance Director for presentation at annual meeting 3. Member of Executive Committee *NOTE: This section is brought forward from the present Section VI.D. with an addition to item 2. LeFevere Lefler Kennedy O'Brien Drawz a Professional Association 2000 First Bank Place West November 11, 19 87 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333 -0540 Mr. Jerry Splinter Clayton L. LeFevere City Manager Herbert P. Lefler J. Dennis O'Brien City of Brooklyn Center John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Proposed Charter Commission Rules of Procedure Richard J. Schieffer Amendments Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Dear Mr. Splinter: Tho R. Gah JJooh6ressel It is my understanding that members of the Charter Steven B. Schmidt Commission have requested my comments on a number of James M. Strommen proposed changes to the Rules of Procedure of the Ronald H. Batty Brooklyn Center Charter Commission. The two William P. Jordan proposed William R. Skallerud changes are in Sections V C2a (9) and V C3. Both of these Rodney D. Anderson provisions relate to notification of the public of Corrine A. Heine proceedings of the Commission. I should first note that David D. Beaudoin Paul E. Rasmussen the State Open Meeting Law requires only that notices of Steven M.Tallen the date, time and purpose of special meetings be mailed. Mary Frances Skala to persons who have requested to be notified of special Christopher J. Harristhal q P Timothy J.Pawlenty meetings. A copy of relevant portions of Minnesota RoIfA.Sponheim Statutes, Section 471.705 is attached for your Julie A. Bergh information. State Law does not require mailing of notices of meetings to others, nor does it require any mailing of agendas or minutes. It is not unlawful to give additional notice or send minutes or agendas. However, because it is not required by law, the decision whether to make such mailings is a matter of discretion. This decision will be based on practical and political, rather than legal, considera- tions. On the one hand, the Commission no doubt wishes to inform the electorate of issues before the Charter Commission and of the Charter Commission's deliberations. On the other hand, there are costs associated with such an effort, and at some point the administrative effort and expense of maintaining lists, mailings, photocopying, postage and the like becomes too great for the benefit gained. Mr. Jerry Splinter November 11, 1987 Page 2 In this regard, the language in paragraph V C3 does not seem likely to cause an undue burden. This language, as I understand it, in its present form, is "Responsible for maintaining a list of civic organizations or individuals in the City who request agendas and minutes of the Charter Commission." The other proposed change is the language in paragraph V C2a(9) which provides, "Sends agendas to all known civic Brooklyn Center organizations when a Charter change is proposed." The principle disadvantage of this language is that it will sometimes result in sending notices to a great many organizations which have no interest whatsoever in the proposed Charter change. Additionally, the Administrative Assistant may be criticized for a failure to include certain civic organizations in the mailing. In my experience, most public bodies adopt a two -part approach to notification to the public. First, the public body sends notices of meetings, agendas and minutes to parties who have expressed an interest in receiving them. Second, when an issue arises which the public body believes warrants greater public notification and involvement, it can provide for whatever notice it believes as best calculated to inform those persons and organizations most likely to be interested in the issue. To this end, it is helpful to maintain a list or lists of persons or organizations in the City. Public bodies, including City Councils, are sometimes criticized for the failure to give notice to a certain person or organization of pending action by the public body; however, it would seem that these public bodies have concluded that this approach is a balanced and moderate one which does not result in an undue administrative or financial burden on the City. If there are any further questions about these matters, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:rsr Enclosure MEMO TO: Chair and Members of the Charter Commission FROM: Gerald G. Splinter, City Manager. DATE: November 10, 1987 SUBJECT: Suggested Charter Amendment Relating to a Full -time Fire Chief As you may be aware, the City Council, as a part of their consideration of the 1988 Annual City Budget, has proposed the creation of a position of full -time fire chief. This request came from the fire department through the City Manager's Proposed Budget and to the City Council for its consideration and approval. During the evaluation of this request, a review of the City Charter indicates there is a potential conflict with the current City Charter and the appointment of a full -time fire chief. Section 6.02, Subd. 3. (b) states, "The fire chief shall be a volunteer who shall be appointed from the members of the volunteer fire department." The city attorney has stated that the term "volunteer" used in this section conflicts with the fact of paying someone for the duties and responsibilities of the fire chief. Technically speaking, the current situation in which we are paying approximately $7,000 for the services of a part -time fire chief does violate this section of the Charter. The City Council is requesting your consideration of an amendment to the City Charter which will allow for the removal of the reference to volunteer in appropriate sections of the Charter, thus al;iowing the c;1ty to pay for services of the fire chief. As some of you may be aware, the issue of a full -time fire chief was a very politically sensitive issue a little over 10 years ago. The City Council is most interested in seeing that any changes proposed in the Charter have as thorough a public hearing process as is possible. At this time you should understand that the proposal for a full -time fire chief has the support of the City Council, City staff, and the fire department. I will be available at your next Charter Commission meeting to discuss this proposal and answer any questions you may have. A copy of a city attorney's letter reviewing alternative methods of amending the Charter is attached. The City Council has initially expressed a preference for charter amendment by ordinance, if you concur. cc: Mayor Council Members Ron Boman Geralyn Barone Carole Blowers O'Brien 8, a Professional .association 2000 First Bank Place West November 5, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 M s Geralyn Barone Clayton L. LeFevere Personnel Coordinator Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re Charter Amendment Procedure Richard J. Schieffer Charles L. LeFevere Dear Ms Barone Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt You have asked for a description of the procedure to be Dayle Nolan followed in the adoption of a charter amendment by John G. Kressel Steven B. Schmidt ordinance. There are two means of accomplishing such an James M. Strommen amendment. The first involves the initiation of a Id H. Batty charter amendment by the City Council. Under Minnesota r P. Jordan Statute p am R. Skallerud Sttt X410 .12 subd. 5 The steps in this procedure Rodney D. Anderson are as follows Corrine A. Heine David D. Beaudoin Paul E. Rasmussen 1 The City Council adopts an ordinance to submit a Steven M. Tallen proposed charter amendment to the voters. Mary Frances Skala Christopher J. t J. Pawientlenty ythal Tim 2 The ordinance is submitted to the Charter Commission Timothy Rolf A. Sponheim for review and comment (which may take up to 150 Julie A. Bergh days) 3. The Charter Commission makes its report to the City Council either approving or rejecting the proposed amendment or suggesting a substitute amendment. 4. The Council submits the question of the charter amendment to the voters. This may be either the original proposed amendment or a revision suggested by the Charter Commission. 5. An election is held following at least two weeks published notice. If 51% of the votes cast are in favor of the amendment, the amendment passes and is filed with the Secretary of State and County Recorder. The amendment becomes effective 30 days after the election, unless a later time is specified in the ordinance. I w Ms. Geralyn Barone November 5, 1987 Page 2 The more streamlined and less expensive procedure would be for the Charter Commission to recommend the enactment of an ordinance under Minnesota Statutes, §410.12, subd. 7, by unanimous adoption of an ordinance without an election. The steps in this procedure are as follows: 1. The Charter Commission recommends adoption of a charter amendment by ordinance. 2. In response to the recommendation of the Charter Commission, the City Council holds a public hearing on two weeks notice which contains the text of the proposed amendment. 3. The Council adopts the proposed amendment by unanimous vote. The ordinance is then published, filed with the Secretary of State and County Recorder and becomes effective 90 days after passage and publication, or any later date which is specified in the ordinance. Under this second procedure there is generally no election, although the matter is subject to a reverse referendum on the petition of qualified voters equal in number to 2% of the total number of votes cast in the last state general election. If you have any further questions on these procedures, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:rsr J