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