HomeMy WebLinkAbout1980 05-28 CHCA BROOKLYN CENTER CHARTER COMMISSION
Wednesday, May 28, 1980
City Hall, 8 p.m.
AGENDA
1. Call to order
2. Introduction of two new commissioners
3. Roll Call
4. Minutes
Did commissioners find additional minutes from November 22, 1966 and
February 15, 1972?
5. Vacancy on Charter Commission
6. Hiring of Secretarial Assistant
7. Discussion of Amendments 3 and 25
8. Discussion of Amendment 9 Sec. 3.08 regarding supporting statement
9. Next meeting
10. Adjournment
a
REPORT TO THE CHARTER COMMISSION ON ETHICS AND CONFLICTS OF INTEREST
In 1979, the Charter Commission began a study of ethics in Govern-
ment. The consensus of the Commission at That time was to strengthen
existing language in the Charter and;to add further language restricting
possible conflicts of interest. Discussion was centered on Sec. 2.04
of the Charter. On Jan. 28, 1980, the following amendments dealing with
ethics were submitted to the City Council for their consideration.
Amendment 3: Sec. 2.04 Subd. 1. INCOMPATIBLE OFFICES. No member
of the Council shall be appointed City Manager, nor shall any
member hold any paid municipal office or employment for the
City, nor shall any member contract to supply Roods or services
to the CitU and until one .(1) year after the Expiration of the
memberk term as Mayor or Councilmember, no` former member shall
be appointed to any paid appointive office or employment for
the City, nor enter into any contract to provide goods or
services to the City.
Amendment 25: Sec. 2.04 Subd. 2 PRIVATE EMPLOYMENT No former
Ma
or or Councilmember may, within one (1) year after leaving
TFe position. appear or participate in proceedings before the
Council representing the interests of private persons. firms,
or corporations.
In their discussion, the Council objected rather strongly to these
amendments and referred them back to the Charter Commission for further
discussion. The objections to the amendments are detailed in the re-
port I submitted to the commission in April 1980, and a copy is attached
to this report.
With the cooperation of Commissioner Escher further research began.
The Leaque of Minnesota Cities was very cooperative
wending copies of various City Charter excerpts and city ordinances
from other communities.
From these exemples and from ongoing Charter Commission discussions
the following amendments were written.
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May 7, 1980
Amendment 3; Sec. 204 A INCOMPATIBLE OFFICES
Subdivision 1; Nomember of the Council shall be appointed City
Manager, nor shall any member hold any other paid municipal office or
employment for the City; and until one (1) year after the expiration
of the members term or the members resignation as Mayor or Council
member, no former member shall be appointed to any paid appointed office
or employment for the City, except as provided in Sec. 2.05.
Subdivision 2; Except as otherwise permitted by Mn. Statue, no
member of the Council shall have any financial interest in contracts
for goods or services with the City; and until one (1) year after the
expiration of the members term or the member's resignation as Mayor
or Councilmember, no former member may have any financial interest in
the City contracts for goods and services with the City.
Subdivision 3: Except as otherwise permitted by -law, no member
of.the Council shall accept any rebate, gift, money, or anything of
value from a person, firm, or corporation to which a contract has
been made with the City.
Ampndment 25: Sec. 2.04B PRIVATE EMPLOYMINT
Subdivision4;
No former Mayor or Councilmember may, within one (1) year after
leaving the position, appear or participate in proceedings before the
Council except to represent the former member's own personal interests
as a private citizen of the City of Brooklyn Center.
On May 7 1980 the Charter Commission met to discuss these
admendments. After much debate the Commission felt that the
present City Council would not accept' amendment 3, subdivision 2 and
3, and that we would have to take Amendment 3 to the voters. It was
also pointed out that Amendment 3 could jeopardize all the other
amendments submitted by the Charter Commission of which two or three
years of study had been done. The Commission then tabled further
submittal of Subdivision 2 and 3 to the Council. Commissioner Mik
pointed out that perhaps our language in Amendments 3 would be more
approiate in Sec. 12.0 of the Charter. The Commission did submit
subdivision 1 of Amendment 3 and Amendment 25 to the City Council
and was accepted into the Charter.
A new point has surfaced since that meeting. Could we as
citizens of the city direct our efforts toward an ordinance that
would incorperate the language present in Admendment 3? This would
invilve negotiations with the city staff and with the Council.
the positive side of this idea is that it would avoid direct confron-
tation with the City Manager and the City Council. On the negative
half, if the Council should pass such an ordinance a future Council
repeat it, whereas a charter change would be more permanent. At present
there exists an ordinance detailing offenses for which a city employee
may be disciblined. However, this ordinance does not include the City
Council, City Manager, Volunteer Fire Dept, nor anyone who serves on the
various Advisory Commissions. A copy of this ordinance is included in
this report.
A decision as to the direction the Charter Commision will follow
in this matter probably should be made by the whole Charter Commission
at this time. Our Study group will undertake this directive.
J�Ies ct 1 submitted
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E nest Er cksbn
TO; Charter Commission FROM: Ernie Erickson SUBJECT: Amendment 3
In the reviewal of Amendment 3, I did a little research in the origin of this
amendment. One of the first changes to Sec. 2.04 by a Study Committee was to add
I� "or his resignation" after "expiration of term This seems to have been lost
since the Council Presentation of Oct. 30,1978.
At the City Council meeting of Jan. 28,1980, the Council members the Mayor
raised a number of questions concerning the new additions to Sec. 2.04.
Council member Kuefler asked if there was indeed a problem in this area. He
felt the norma; functions of the Council dould deal with this and that a public
forum was adequate to prevent the type of problem add2essed in Amendment 3.
As a response, "the normal functions ofthe council can not deal with such
afundamental safeguard of the public interest. The Charter is the basic grant of
rights for any city. These conflict of interest phrases which we have added to
Amendment 3 belong in the Charter and not in just some rules of procedure.
In regard to "public forum the type of press coverage given to a small
suburban City is inadequate, to research and investigate complex business dealing.
f Does a problem Exist in this area? It has been the Charter Commission's
intent to provide a solution before a problem does exist.
Mayor Nyquist cited -an example of anindividual who could submit a low bid on
certain goodd services and it could not be accepted because it would violate
Amendment 3.
In response to this,perhaps contract specifications were written so as to
ensure that this individual won the Contract. Or perhaps there was some collusion bet-
ween city officials and the individual in that the individual had access to
competitors bids. These are examples of what could go through the mind of the
public should this individual be awarded this Contract.
In response to an example of an individual who submitted the only bid on
certain'goods or services, perhaps competitors were so intimidated by that individua 1 "s
prior council expkerence that they did not submit a proposal or bid.
Council member Fignar was concerned with self-employed persons and the problems
that this amendment may presen to their normal business functions. The answer
would have to be that this amendment would have to apply to these individuals as
well as to others. Anything other than abiding by these limitations would be a
conflict of interest. One cannot be on the Council and be the recipiant of contracts
to the city.
Mayor Nyquist questioned bow far this amendment would be extended. His example
was of a Council member or former Council member serving on the Board of a particular
company or one who worked in a minor capacity supplying goods services to the City.
I have taken the liberty (with the advice of serval Commissioners) or rewriting this
amendment to remove the objections that Mayor Nyquist had.
While researching State Statutes, I came across a Statute which I felt was
worthy of discussion for the Charter Commission. I have included this 6n amendment 3
as Subdivision 3. I also added "purchase Orders" along with "contracts for goods
services This, too is for the Commission's discussion.
I have written to Stanley Peskar, Counsel for the League of Minnesota Cities, for
his opinion on this amendment. I have also asked the League of Minnesota Cities for
literature on conflits of interest, At this date I have not received anything from
them. I wil bring to our next meeting anything I receive between now ohs April 23
meeting.0
On Mar. 16,1980 the Minneapolis Tribune published a scientific poll which stated
k f that Minnesotans had more faith in State goverment than they did in their Local
governments. This amendment could possibly help the image of our local government
in Brooklyn Center.'
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1. league of minnesota cities
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April 23, 1980
Mr. Ernest Erickson
Brooklyn Center Charter Commission
6800 Drew Avenue North
Brooklyn Center, MN 55429
Dear Mr. Erickson:
Thank you for your letter of April 14, 1980, requesting our comments and sugges
tions on your proposed charter revisions as listed below.
Amendment 3:
Section 2:04 Incompatible Officer
0 Subdivision 1; No member of the Council shall be appointed City
Manager, nor shall any member hold any paid municipal office or
employment for the City; and until one (1) year after the expira-
tion of the members term or their resignation as Mayor or Council
Member, no former member shall be appointed to any paid appointive
office or employment for the City.
This type of provision is very common in most of the City-Charters in our files,
however your provision is somewhat more restrictive in that it prohibits any em-
ployment in a city job, whereas the charters I reviewed prohibit employment in
positions created or where the salary of the city position was increased during
the council member's term of office. I am enclosing a copy of the charter pro
vision from the City of Albert Lea which has this language.
The other concern with this type of provision is that your amendment does not define
what a paid office is, that is many committee positions reimburse their members for
certain expenses, or pay a nominal salary to help offset whatever expenses a mem-
ber might have.
Subdivision 2: Nonmember of the Council shall have any financial
interest in purchase orders or contracts for goods or services to
the City; and until one (1) year after the expiration of the mem-
bers term or their resignation as Mayor or council member, no
former member may have any financial interest in purchase orders
or contracts for goods and services to the City.
300 hanover building, 4BO cedar street, saint paul, minnesota 55101 (612) 222 -2B61
April 23, 1980
Mr. Erickson
Page 2
This amendment seems to conflict with the provisions of M.S. 471.87`- M.S. 471.89
(specifically M.S. 471.881) which set forth the circumstances under, which a city
council member has a prohibited interest in a city contract. So far as your amend
ment does not conflict with the statute, it would be OK, and%any cities insert the
following language (at the beginning of the amendment) to avoid any conflict with
state law "Except as otherwise permitted by law this would allow you to keep
the main thrust of your amendment without a possibility of having it thrown out
due to any conflict with state law. Another angle you might want to investigate
on this would be to allow certain conflicts of interest or interested contracts
but also require public disclosure of that interest. I am enclosing a couple of
Charter provisions from other cities which outline this approach. These provis-
ions also include the language of your subdivision #3 (below) and expand upon it
in such a way that does not conflict with any state laws and also defines and de-
tails the intent of what it is you are trying to accomplish with the amendment.
Subdivision 3: No member of the Council shall accept any rebate,
gift, money, or anything of value from a person, firm, or corporation
to which a purchase order or contract has been made to the City.
I hope this helps, we can be of any further help to you, please let us know.,
S'ncerely�
Dan -Foth
i
Research Assistant
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Enclosure