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HomeMy WebLinkAbout1996 09-30 CCM Joint Meeting with Charter Commission MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JOINT MEETING WITH BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 30, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session with the Charter Commission and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. Councilmember Kristen Mann was absent. Charter Commission members present: Chairman Tim Willson, Walter Bursch, Sy Knapp, Eileen Oslund Todd Paulson Ted Willard Carl Wolter, and Commission Secretary Carole Blowers. CHARTER REVISION TO CHAPTER 6, ADMINISTRATION OF CITY AFFAIRS, OF THE CITY CHARTER Information was distributed to Council members regarding recent action by the Charter Commission at its September 25, 1996, meeting. Action included amendment of Chapter 6, Section 6.02, Subdivision 3(a) of the City Charter in which Commissioners voted to remove the last sentence in that subdivision which read, "Appointment and removal of department heads shall be made final only upon majority vote of the Council." Deletion of this sentence would allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Councilmember Nichols observed that if the City Manager is not granted the ability to hire /fire, he has not really been given the ability to be City Manager since it is Council's primary responsibility to set policy and the City Manager's responsibility to implement that policy. 09/30/96 -1- Charter Commission Chair Willson acknowledged Mr. Nichols' statement adding the wording change would put extra responsibility on Council members to follow through more with the City Manager with respect to lines of communication. Charter Commission member Knapp stated that the proposed change offers a certain measure of protection in three aspects: 1) effective administration of the City's business; 2) liability issues; and 3) political issues. Mayor Kragness reiterated that Council makes policy decisions whereas hiring /firing is not policy related. APPOINTMENT /CONFIRMATION OF DEPARTMENT HEADS Charter Commission Chair Willson informed Council nothing was formally decided at the Commission's last meeting with respect to appointment/confirmation of department heads. It is probable language will be added regarding hiring of employees. "Termination" and "appointment/confirmation" will most likely be viewed and treated as separate items within the Charter. From a practical standpoint, Mr. McCauley believed that if Council has faith in the City Manager, then the City Manager should be afforded the decision to hire without Council confirmation. He added that if he had to choose he would prefer the power to hire without confirmation versus permission to fire. Mr. Willson talked about accountability factors relating to the City Manager's ability to confirm/appoint and/or fire a department head. Charter Commission member Paulson indicated he believed confirmation approval by Council would allow Council to exhibit votes of confidence in the City Manager. Councilmember Nichols responded there could be scenarios in which a unanimous vote of Council members would not be realized all the time. And if a unanimous vote was not given by Council, this would not create an atmosphere of Council support for the City Manager. Mr. Paulson indicated a desire to see Council involvement in appointment(s) /termination(s) of department heads to some degree. Mr. McCauley responded Council should be fully informed of decisions made by the City Manager and understand what's happening. Charter Commission member Knapp cited his past interviewing experience and associated processes. Given Council is not required to be trained in the area of potential human rights act issues, a wrong question could possibly be posed to a potential department head. 09/30/96 -2- Mr. Willson talked about the processes which accompany a proposed wording change to the Charter. He also provided insight to Councilmembers about time lines and how much research and accompanying deliberation is completed prior to presenting anything to Council for approval; some items take as long as two years for Charter Commission consideration. Ms. Oslund referred to the Council's recently set goals and inquired if there was anything in the Charter that needed to be addressed which are related to these goals. The City Manager indicated discussion of Chapter 7 in the Charter might be appropriate with respect to setting forth a broader scheme. Commissioner Oslund agreed adding the broader scheme should include operations into the year 2,000. In closing, Mr. Willson assured Council the Charter Commission is not a watchdog commission. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:03 p.m. passed unanimously. 0 - City Clerk Mayor Recorded and transcribed by: Connie Beckman Timesaver Off Site Secretarial 09/30/96 -3-