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HomeMy WebLinkAbout1980 04-23 CHCA CHARTER COMMISSION AGENDA April 23, 1980 Or 1. Call to Order 2. Roll Call 3. Approval of Minutes 2/27/80 4. Secretarial Assistant's Pay 5. Presentation of Rifles of presentation Changes 6. Discussion of Amendment 3 (Sec. 2.04, Sub. Sec. 1) and Amendment 25 (Sec. 2.04, Sub. Sec. 2) 7. Discussion of Amendment 9 8. Other Items 9. Next Meeting 10. Adjournment PROPOSED CHANGES TO THE RULES OF PROCEDURE DATED APRIL 23, 1980 Section V. MEETINGS Under "A" add: 1. The annual rep audit reprrt election of officers, a12 ointment of Audit and Public Relations Chairj2erson and salary adjustment for the Administrative Assistant are agenda ite= for this meeting. In the first sentence in "D majority is misspelled. Add F. Non-commission members wishin to address the commi5--,ion will have an o1212ortun tv bv_ will be received by th c ommission after a formal motion has be en made and is heiji& discussed by the commissign. Section V. QFFICERS In the last sentence, "called" is misspelled. Ada .ae 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 Nearl t hrough the- Citg Manaz C aftan th lesrislative session) a5 to any Statute changes affecting the charter cn mmissi_on 9. Member of Executive Committee J f 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.B1 -2 items. No changes are being suggested for this section other than gender changes. 4 C. Secretary 1. Responsible for Commission records, minutes, and correspondence 2. Supervises and directs the Administrative Assistant a. Duties of Administrative Assistant are: 1 (1) Sends meeting notices to the official newspaper with a periodic I reminder that agendas are availab)e upon re quest L�2 Attends all -bag i ncl udi ng sub -comet t.tQQS! (3) Types c opies. and mails all minutes agenda- letters ordinan I a nd annual report 4) N otifies City Clerk of future meetings and arranZes fnr meeting room 5) Updates mzmbershiD raster. mailing list, roll call list,membershin fi les, and related documents. ,4§) Provides new membe =s with rules of procedure and oth q;pnlies and materi Q went for all meetings: C ommunicates with commission members Citv Hal personnel. Chief 7 CP n„t�Qr 'hr�ani Zations. when a c,bL g¢ is proposed, (,10) Maintains minute book and support documents relating to is ues dealt with try t he y co ,i11 �g+' $AAOIW�" Gt,• /„lay. 1Z,Egd�'Sf 3, =±±!R+—to agendas and minutes to 4. Member of Executive Committee *MOTE: This section-is brought forward from the present VI.C.1 -4 section with the addition of the Administrative Assistant's duties, and item 3 above is an additi @n as' suggested at dur meeting. Section VI, EXECUTIVE C@MMITTEE Delete A.B.C.D. and E and all items below them in present rules, and add the following: The Executive Committee shall consist of th C hairperson Vice aairnerson. Secretary. jUdit Chairpe and Public Relations C a rperson. The Executive Co mmi ttee shall approve the Annual Report and have the powers and functions as are authorized by the commission. A. Audit Chairperson 1. Reviews and approves all expenditures chargeable to the commission 2. Makes periodic reports on status of budget and calls far annual audi report f rom Finance Director for presentation at annual meeting 3. Member of Executive Committee *VOTE: This section is brought forward from the present Section VI.D. with an addition to item 2. B. Public Relations Chairperson 1. Has responsibility for all official public notices 2. Shall report all matters of public interest to the local press and shall handle all public relations matters including items of rPc ngnition as directed by the chairperson 3. ad.$ rP snonsibil_ity for publishinZ notion of p nd ng commission vacancies in official ci a.ewspal2er 4. Member of Executive Committee *NOTE: This section is brought forward from the present Section VI.E. with the addition to item 2 and the entire item 3. Section X. CHARTER AMENDMENTS In Section D.1, change the word "with" to "within" IQ days.... GENDER CHANGES page 1, Section III, A.2., add /her after his add /she after he page 2, Section III,B., change chairman to chairperson 2, Section III.C., change chairman to chairperson 2, Section III. D., change chairman to chairperson page 2, Section III.E., change chairman to chairperson (3 times) page 2, Section III,F.l.a., change chairman to chairperson (2 times) page 2, Section III.F.l.b., add /her after his add /she after he page 3, Section III.F.3, add /her after his page 3, Section IV.B., change chairman to chairperson (2 times) page 4, Section IV.G., change chairman to chairperson page 4, Section V, change chairman to chairperson (2 times) page 5, Section VIII.A., change chairman to chairperson page 5, Section VIII.B., change chairman to chairperson page 6, Section X.B.2, change chairman to chairperson (2 times) page 6, Section X.B.2.b., change chairman to chairperson NOTE: Other gender changes you may find in the present rules will be corrected as they are rewritten as stated in the sections on previous pages: 4 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RULES OF PROCEDURE z April 23, 1980 I PURPOSE The continuing purpose of the Home Rule Charter Commission as for under M.S.A. 410 A. Periodically review the existing charter., Hi Consider proposed changes and make recommendations for change to the City Council and /or the electorate& C. Safeguard concept of Home -Rule under existing charter and Home. Rule provisions in the state statutes. II.. MEMBERSHIP A.. The'•Charter Commission shall have fifteen members duly appointed and certified by the district court. Se: The qualifications for membership require that the indi- vidual be a qualified voter in Brooklyn Center.. C.. The term of a commissioner shall be four years and a commissioner shall serve only two consecutive terms v excluding filling an unexpired term. D. The duties and responsibilities of a commissioner shall continue, beyond the normal term if necessary, until a replacement is duly appointed and certified by the court. III. APPOINTMENTS A.. Appointments to the Brooklyn Center Charter Commission are made in the following wayss 1. The chief judge shall appoint new commissioners. (M.S.A. 410.0 Subd., 2 20- If the chief Judge fails to appoint new commission members within 30 days then thereafter the govern ing body of the city shall, appoint new commission members, unless within the 30 day` period the chief Judge indicates in writing to the governing body his intention to ac�)oint new members, in which case he shall have an additional 60 days within which to make the appointment. (M.S.A. 410.05 Subd. 2) Brooklyn Center Charter Commission Rules of Procedure April 23, 1980 page two Appointments (cont'd) B.. Application to the Brooklyn Center Charter Commission may be made directly to the Chief Judge of Hennepin County District Court or to the Chairman of the Brooklyn Center Charter Commission. C. Notification of an existing or pending vacancy shall be made by the Public Relations Chairman in (or through) the official city newspaper. Publication shall be made within a period of two weeks prior to or two weeks after the effective date of resignation or expiration, of a term(s). D3. The Chairman shall; within two weeks after receiving a resignation, notify the Chief Judge of Hennepin County District Court in writing that a vacancy exists.. E The Chairman shall, 30 days before the expiration date of a term(s), notify the Chief Judge of Hennepin County District Court in writing, of the affected commissioner(s) intentions. If the commissioner(s) choses not to continue, the Chairman shall direct the Public Relations Chairman to effect public notice within the conditions established in Sec. III, C. F. Vacancies may occur bys 1. Resignation a. Resignations shall be delivered to the Chair man in writing. In the absence of a written resignation, the Chairman /Vice Chairman shall' present to the Brooklyn Center Charter Commission at it's next meeting, notification of an oral resignation. The Chairman or Vice: Chairman shall, upon receipt- of'a resignation, submit written notification to the Chief Judge of Hennepin County District Court (with. copies to the resignee and the City Council) within-two weeks and notify the Commission members. b. An appointee who neglects to file with the clerk within 30 days a written acceptance and oath of office shall be deemed to have declin- ed the appointment and his place shall be filled as though he had resigned. (M*S.A. 410005 Subd. 2 Brooklyn Center. Charter Commission Rules, of Procedure April 23, 1980 page three Appointments (cont td) 2. Expiration of term 3. Removal Any member may be removed any time from off ice, by written order of the district court, the reason for such removal being stated in the order. When any member has failed to perform the duties of his office and has failed to attend four consecutive meetings without being excused by the commission, the secretary of the charter commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal and the chief judge shall fill the vacancy created thereby. (M.S.A. 410.05 Subd'.2) IV. MEETINGS A. The annual Meeting of the Brooklyn Center Charter Commission shall be held in January. B; Additional meetings may be called by the Chairman; or any four commissioners may petition the Chairman to call a special meeting= or as required in Minnesota Statutes 410.05, Subd. 2. C. A majority of the actual membership of the commission shall constitute a quorum to do business. Di A simple mahority of those voting on the question shall rule. When final votes on the charter are con- sidered, a two thirds affirmative vote of the actual membership with never less than 8 affirmative votes shall be required for passage. E. Parliamentary authority shall be these rules of pro eedure or Roberts Rules of Order. 1. These rules and procedures can be changed at any time by a majority vote of the commission, after a 20 day prior written notice to all commission members outling the proposed changes. 2. These rules or any portion may be waived only by a 2/3 affirmative vote of the actual membership with never less than 8 affirmative votes. T' Brooklyn Center Charter Commission Rules' of Procedure April 23, 1980 page four Meetings (cont'd) 3. Waiving or setting aside these rules of procedure may be done only with a proper motion and second. 4. The motion to waive or set aside these rules of procedure or any portion shall be specifically recorded in the minutes. F. Notice -of all meetings shall be in writing to the mem- bers 7 days prior to the meeting and shall contain a written agenda. G. Commission members expected to attend all meetings. Members shall give notice to the chairman or another member in the event of an absence. Failure to notify the commission of an absence results in an unexcused absence. V. OFFICERS At the Annual Meeting the commission shall elect a chair- man, vice chairman, and secretary. These officers shall serve for a term of one year. Vacancies occurring in elective offices shall be filled by an election at the next regular or a special meeting, Galles by the ranking elected officer with 7 days prior written notice to the membership. VI. EXECUTIVE COMMITTEE A. Chair Pf le 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 reports to district court, Chief Judge and City Clerk 7, Appoints Audit Chairman and Public Relations Chairman' 8. Member of Executive Committee Re Vice Chairman 1. Presides over commission meetings and acts of be- half of the Chairman 2. Member of Executive Committee Brooklyn Center Charter Commission Rules of Procedure April 23, 1980 page five Executive Committee (cont'd) C. Secretary 1. Responsible for Commission records, minutes and correspondence 2. Supervises and directs the secretarial assistant 3. Member of Executive Committee 4. Supplies all new members with a copy of these rules of procedure, and other supplies and materials necessary to fulfill their role as commissioner IL I Audit Chairman 1. Reviews and approves all expenditures chargeable to the commission 2. Makes periodic reports on s of budget 3. Member of Executive Com tD E blie Relations Chairman Has responsibility for all ot ces 2. Shall report all matters of o he local press and shall handltt s matters as directed by the Member of Executive Committ VIII. OTHER CO A. Nominating Committee A three member nominating committee shall be appointed by the chairman for the purpose of recommending candi- dates for election to office at the Annual Meeting. S. Study Committees The chairman-shall appoint study committees as necess- ary.. Specific goals and objectives shall be defined. IX. ANNUAL REPORTS A. An annual report shall be submitted to the Chief Judge of the District Court outlining its activities and accomplishments for t %ie preceding calendar ,year. This report shall be presented at the Annual Meeting and a copy of the report shall be forwarded to the Clerk of the City. (M.S.A. 410.O5 Subc..2) B. Before the Annual Report is submitted to the Chief Judge of Hennepin County District Court, it must be approved by the Executive Committee. Vrooklyn Center Charter Commission .Rules of Procedure April 23, 1980 page six X. CHARTER AMENDMENTS A. Amendments to the Charter may originate in any of the following sources: 1. The Charter Commissions a. M.S. 410.12, Subd. 1 Amendment by Commissiorr Resolutiorr. b. M.S. 410.12, Subd. 7 Amendment by Commissiorr Recommendation° 2: The City Councils a. M.S. 410.12, Subd. 5 Amendment by Council Ordinance to Commission b. M.S. 410.12, Subd. 6 Amendment by Council Hearing to Voters (4th Class Cities only) 3. The People: a. M.S. 410.12, Subds. 1,2, and 3 Amendment by Petition of Voters to Commission B Amendments originating with the Charter Commissions 1. Shall be accepted by the Charter Commission by a 2/3 affirmative vote of the actual membership with never less than eight affirmative votes. 2. May be forwarded to legal counsel for opinion within 10 days after passage. Legal counsel shall be requested to return a written opinion in time for presentation at a meeting of the Charter Commission within 60 days of'passage. A 30 day extension may be requested by legal counsel through the Chairman. The Chairman shall notify each member in writing, within a reasonable period of time, of a granted extension. a. The'Charter Commission shall meet 60 days subsequent to initial passage of an amend- ment. b. If an extension is granted, the Chairman shall reschedule the meeting to be held within 90 days of initial passage. 3. Shall be forwarded to the City Council with a letter of transmittal stating specifically whether It is a "Recommended Amendment" or an "Amendment Adopted by Commission Resolution Brooklyn Center Charter Commission Rules-of Procedure April 2.3, 1980 page seven Charter Amendments (cont'd) as Recommended Amendment Upon recommendation of the Charter Commission, the City Council may enact a charter amendment by ordinance. Such an ordinance, if enacted shall be adopt ed by the Council by an affirmative vote of all its members after a public hearing on two weeks published notice. Such ordinance shall not become effective until 90 days after passage and publication. Within 60. days after passage and publication, a peti- tion requesting a referendum on the ordinance' may be filed by the voters with the City Clerk. Such petition requires the signatures of two per cent of the total number of votes cast in the City at the last state general election or 2,000, whichever is less. Only registered voters are eligible to sign. (M.S.. 410.12, Subd. 7) b.. Amendment Adopted by Commission Resolution When a proposed amendment originating with the Charter Commission and adopted by resol- ution transmitted to the City Clerk it shall be presented by the City Clerk to the Council. The amendment shall be submitted to the voters at the next general election- if within 6 months of the date of delivery and if no general election is to occur with- in 6 months, at a special election within 90 days. (M.S. 410.10, Subd. 1) The Council must cause the amendment to be published once per week for two successive weeks as a part of the notice of election. The Council determines the wording of the ballot. (M.S. 410.12, Subds. 1 and 4) C. Amendments originating with the City Council: (M.S. 410.12, Subd-' 5) 1. 'The City Council may propose a Charter Amendment to the voters by ordinance. Any ordinance pro posing such amendment shall be submitted to the Charter Commission. 2. Within 60 days the Charter Commission shall re- view the proposed amendment but before the ex- piration of such period the Commission may ex- tend the time for review for an additional 90 days by filing with he City Clerk its resolu- tion determining that an additional time for review is needed. F Brooklyn Center Charter Commission Rules- of Procedure April 23, 1980 page eight Charter Amendments (cont'd) 3. After reviewing the proposed amendment, the Charter Commission shall approve or reject the proposed amendment or suggest a substitute amendment. The Commission shall promptly notify the Council of action taken. Notes The Council may submit its proposed amendment to the people or the substitute amendment proposed by the Charter Commission. 4. The amendment shall become effective only when approved by the voters as provided in M.S-. 410. 12, Subd. 4. D. Amendments proposed by the People (via petition): (M.S 410.12, Subds. 1,2, and 3) 1. The proposers of an amendment shall file all petition papers with the Charter Commission for its approval as to form and substance. The Commission shall, with 10 days, return the same to the proposers of the amendment with such modifications as it may deem necessary in order to comply with statutory requirements. 2. The petition must have a number of signatures equal to at least 5% of the total votes cast as of the last previous state general election in the City. Only registered voters are eligible to sign the petition. 3. The Charter Commission may not alter the peti- tioned amendment but shall forward the petition to the City Clerk, with a letter of transmittal, recommending either: a. A recommendation for amendment by ordinance under,M.S. 410.12, Subd. 7. b. An amendment adopted by commission resolution (requires submission to the voters). c. No recommendation. Rules set forth in the State Statutes and used in these Rules of Procedure cannot be changed by the commission. k5 r _1 to l J. league of minneso e cities April 3, 1980 Mr. Donn H. Escher, Secretary Brooklyn Center Charter Commission 3107 65th Avenue North Brooklyn Center, MN 55429 Dear Donn: I am hereby confirming our telephone conversation of March 21. To enlighten you further, I am enclosing a copy of the fallowing: Responsibility of Charter Commission for Submission of Amendments Proposed by Petition 100B As you can see, the function of the Charter Commission upon receipt of a petitioned amendment is simply to transmit it to the Council, probably most reasonably by way of the City Clerk, and to study what further changes in the Charter may be necessary as a result of the proposed amendment should it be passed. As you indicate, the Commission could develop its own position on the proposed amendment and the members could then take steps to support or oppose the pro posed change. The Commission as a body, would probably not be well advised to use public funds to mount any kind of a major campaign for or against the proposal. We hope this answers your question satisfactorily. Sincerely yours, MA Stanley G. Peskar General Counsel SGP:rmm Enc. 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C612) 222 -21361 t_ x March 25, 1980 Mr. Stanley Peskar, Legal Counsel Minnesota League of Cities 300 Hanover Building 480 Cedar Street St. Paul, Minnesota 55101 t Dear Mr. Peskar: T7.. t 'tl l etter ine purpose o this getter is to confirm in writing my understanding of our telephone conversation of Friday, March 21, 1980. It is my understanding that once the pet'it'ioners f.,, a proposed amendment submit all completed petition papers to Charter Commission under the provisions of M.S. 410.12, Subd. 3, the c x role of the Charter Commission at this point is to transmit the joculments directly to the City Council stating that the enclosed document'; are a petition for a proposed charter amendment to be submitted to ti, voters at a general or special election. While the Charter Commi�,:,Ion may indicate to the r; }y C ounc il its position on the proposed amen6ment (favor, V IV V 1 V VUIlI. oppose, or no position), such indication is not binding. Once the City Clerk has validated the signatures on the petition, the Ci Council must submit the issue to the voters in accordance with the provisions of M.5. 410.12, Subd. 4. Please confirm my und b y l e tter. Sincerely yours, E Donn N. Escher, Secretary Brooklyn Center Charter Commission 3107 65th Avenue North E Brooklyn Center Minnesota 55429 DHE: jh