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HomeMy WebLinkAbout2010 10-28 CHCAOCTOBER 28, 2010 MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION Brooklyn Center, Minnesota **** All America Conference Room **** Lower Level City Hall 7:00 p.m. AGENDA 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Consideration of the Minutes of June 24, 2010 Meeting a. Commissioners not at that Meeting will be shown as abstaining 4. New Business a. Proposed Changes to the Rules of Procedure. b. Any other new business? 5. Future Meeting Date(s) 6. Adjournment (DRAFT) MINUTES OF June 24, 2010 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 7:35 PM. Roll Call: Secretary Gary Brown called roll; Gary Brown, Stan Leino, Ed Nelson, Richard Phillips Harold Middleton, and Eileen Oslund were present. Excused Absences: Carol Kleven Absent: Bruce Lynes, Lisa Sellman, Bruce Lund Arrived at 8:10 Gail Ebert Consideration of Minutes Motion by Oslund seconded by Phillips to approve minutes of April 22, 2010. Unanimously approved 6- 0. Old Business After considerable discussion and review of the information provided by city staff, motion was made by Phillips, seconded by Brown to not make any changes to the charter regarding the primary election date. Motion passed unanimously 6-0. The charter commission does not see any conflict with the existing charter and the recently adopted state statutes regarding the primary election. New Business It was determined that the next meeting on October 28 would solely be devoted to a review of the by-laws as they have not been modified since 1997. Future meeting dates: October 28, 2010 Adjournment Motion by Brown, seconded by Ebert, to adjourn at 8:36 passed unanimously 7-0. Submitted for consideration, Gary E. Brown, Secretary BROOKLYN CENTER HOME RULE CHARTER COMMISSION RULES OF PROCEDURE Revised June 25, 1997 I. PURPOSE The continuing purpose of the Home Rule Charter Commission as provided for under M.S.A. 410: A. Periodically review the existing Charter. B. Consider proposed changes and make recommendations for change to the City Council and/or the electorate. C. Safeguard the concept of Home-Rule under the 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. B. The qualifications for membership require that the individual 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, 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 ways: 1. The chief judge shall appoint new commissioners. (M.S.A. 410.05 Subd. 2) 2. If the chief judge fails to appoint new commission members within 30 days, then thereafter the governing 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/her intention to appoint new members, in which case he/she shall have an additional 60 days within which to make the appointment. (M.S.A. 410.05 Subd. 2) B. Application to the Brooklyn Center Charter Commission may be made directly to the Chief Judge of Hennepin County District Court or to the Chairperson of the Brooklyn Center Charter Commission. C. Notification of an existing or pending vacancy shall be made by the Public Relations Chairperson 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). D. The Chairperson 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 Chairperson 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) chooses not to continue, the Chairperson shall direct the Public Relations Chairperson to effect public notice within the conditions established in Sec. III, C. F. Vacancies may occur by: 1. Resignation a. Resignations shall be delivered to the Chairperson in writing. In the absence of a written resignation, the Chairpersoni'Vice Chairperson shall present to the Brooklyn Center Charter Commission at it's next meeting, notification of an oral resignation. The Chairperson or Vice Chairperson 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 to 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 declined the appointment and his/her place shall be filled as though he/she had resigned. (M.S.A. 410.05 Subd. 2) 2. Expiration of term 3. Removal Any member may be removed at any time from office, 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) Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 2 IV. MEETINGS A. The annual meeting of the Brooklyn Center Charter Commission shall be held in January. 1. The annual report, audit report, election of officers, appointment of Audit and Public Relations Chairperson, and salary adjustment for the Administrative Assistant are agenda items for this meeting. B. Additional meetings may be called by the Chairperson; or any four commissioners may petition the Chairperson to call a special meeting; or as Y p p p 9� required in Minnesota Statutes 410.105, Subd. 2. C. A majority of the actual membership of the commission shall constitute a quorum to do business. D. A simple majority of those voting on the question shall rule. When final votes on the Charter are considered, 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 procedure or Roberts Rules of Order most recently revised. 1. These rules and procedures can be changed at anytime by a majority vote of the commission, after a 20 day prior written notice to all commission members outlining 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. 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 members 7 days prior to the meeting and shall contain a written agenda. All meetings shall be held in Open compliance with the O Meeting Statute set forth in M.S. 471.705. p p 9 G. Commission members are expected to attend all meetings. Members shall give notice to the Chairperson or another member in the event of an absence. Failure to notify the commission of an absence results in an unexcused absence. H. Non-commission members wishing to address the commission will have an opportunity by registering with the Chairperson at the beginning of the meeting. No public testimony will be received by the commission after a formal motion has been made and is being discussed by the commission. Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 3 V. OFFICERS At the annual meeting, the commission shall elect a Chairperson,Vice Chairperson, and Secretary. These officers shall serve for a term of one year. A majority vote by those commissioners present at the annual meeting is necessary to elect an officer. Vacancies occurring in elective offices shall be filled by an election at the next regular meeting or at a special meeting, called by the ranking elected officer with 7 days prior written notice to the membership. 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, Public Relations Chairperson, and Rules/Parliamentarian 8. Ascertains yearly through the City Manager (after the legislative session)as to any statute changes affecting the Charter Commission 9. Member of Executive Committee [Note: in other places in these Rules of Procedure, it is said that the Chairperson may receive applications (or they may be sent to the Chief Judge), notify Chief Judge of vacancy, receive written resignation, receive notification of members impending absence from meeting, (notification can be given to any member).] B. Vice Chairperson 1. Presides over commission meetings and acts on behalf of the Chairperson 2. Member of Executive Committee [Note: in other places in these Rules of Procedure, it is said that the Chairperson or Vice Chairperson shall submitwritten notification to the Chief Judge of vacancy.] C. Secretary 1. Responsible for commission records, minutes, and correspondence 2. Member of Executive Committee Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 4 3. Supervises and directs the Administrative Assistant a. Duties of Administrative Assistant are: 1. Assists Public Relations Chairperson in sending notices of public meetings to official newspaper, including notice of vacancies in the Charter Commission 2. Attends all meetings, including sub-committees 3. Types, copies, and mails all minutes, agendas, letters, ordinances, and annual reports 4. Notifies City Clerk of future meetings and arranges for meeting room 5. Updates membership roster, mailing list, roll call list, membership files, and related documents 6. Provides new members with rules of procedure and other supplies and material 7. Makes certain doors to meeting room are opened and secured at adjournment for all meetings 8. Communicates with commission members, City Hall personnel, Chief Judge's clerk, and newspaper personnel by phone, in person, or by mail 9. Sends agendas to all Brooklyn Center organizations who have previously requested them when a Charter change is proposed 10. Assists Charter Commission Secretary in maintenance of minute book and support documents relating to issues dealt with by the commission 11. Responsible for maintaining a list of civic organizations or individuals in the city who request agendas and minutes of the Charter Commission 12. Submits billing to Audit Chairperson quarterly, with a brief explanation of charges to the commission 13. The correspondence of the Charter Commission will be done in the name of the commission, Chairperson, other members of the Executive Committee, or other commissioners VI. EXECUTIVE COMMITTEE The Executive Committee shall consist of the Chairperson, Vice Chairperson, Secretary, Audit Chairperson, and Public Relations Chairperson. The Executive Committee shall approve the Annual Report and have the powers and functions as are authorized by the commission. The Executive Committee is responsible for the appointment of the Administrative Assistant. Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 5 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 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 recognition as directed by the Chairperson 3. Has responsibility for publishing notice of pending commission p tY p 9 p 9 vacancies in official city newspaper 4. Member of Executive Committee VII. OTHER COMMITTEES A. Rules/Parliamentarian 1. Has responsibility to inform Chairperson and other commissioners of the rules guiding Charter Commission actions. 2. Serves as Chairperson to any subcommittee named to review and/or revise rules. B. Nominating Committee A three member nominating committee shall be appointed by the Chairperson for the purpose of recommending candidates for election to office at the annual meeting. C. Study Committee The Chairperson shall appoint study committees as necessary. Specific goals and objectives shall be defined. [Note: Re: CITY STAFF: In a memorandum from the City Clerk, March 17, 1997, it said, to paraphrase, that the City Staff: Maintains permanent record of agenda/minutes; Maintains and updates City Charter; Maintains and updates member roster; Posts notice of vacancy on City bulletin board and Cable TV; Answers questions about Charter and Charter Commission.] VIII. ANNUAL REPORTS A. Amendments to the Charter may originate in any of the following sources: 1. The Charter Commission: a. M.S. 410.12, Subd. 1 -Amendment by Commission Resolution b. M.S. 410.12, Subd. 7 - Amendment by Commission Recommendation Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 6 2. The City Council: 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 Commission: 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 Chairperson. The Chairperson 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 amendment. b. If an extension is granted, the Chairperson 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. a. 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 adopted 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 petition requesting a referendum on the ordinance may be filed by the voters with the City Clerk. Such petition requires the signatures of two percent 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) Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 7 b. Amendment Adopted by Commission Resolution - When a proposed amendment originating with the Charter Commission and adopted by resolution is 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 within 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. 410.112, 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 proposing such amendment shall be submitted to the Charter Commission. 2. Within 60 days, the Charter Commission shall review the proposed amendment but before the expiration of such period, the commission may extend the time for review for an additional 90 days by filing with the City Clerk its resolution determining that an additional time for review is needed. 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. Note: 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, within 10 days, return the same to the proposers 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. Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 8 3. The Charter Commission may not alter the petitioned 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. I Brooklyn Center Home Rule Charter Commission Rules of Procedure Page 9 City of Brooklyn Center CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter,considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home-Rule under the existing charter and Home Rule provisions in the estate statutes. Commissioners serve afour-year term. Chairperson and fourteen members. [Minn. Stat. 13.601, Subd. 3(b)states that once an individual is appointed to a public body the following data are public: (1)the residential address;(2)and either a telephone number or electronic mail address where the appointee can be reached,or both at the request of the appointee.] Stanley Leino H. Bruce Lund Mary O'Connor Chair 2010 5725 Aldrich Ave N (30) 5429 Lyndale Ave N (30) 7118 France Ave N (29) 763-559-2534 763-561-8038 763-234-6137 hbrucespkr4ukaol.com 8/2/10-8/1/14 flyfinn7kmsn.com 1/6/05-7/20/11 3/13/97-7/20/11 Eileen Oslund Bruce Lynes Audit Chair 2010 Gary Brown 6011 Earle Brown Drive 4F-2 (30) 6000 Ewing Ave N (29) Secretary 2010 763-566-1880 763-537-2858 7012 Willow Lane N (30) 5/11/09-5/11/11 10/30/01-01/25/14 763-560-6338 g_ary Julie-browng,comcast.net Harold Middleton Richard T. Phillips 6/25/04-6/28/12 5418 Oliver Ave N (30) 7200 Logan Ave N (30) 763-549-5594 763-561-2367 Gail Ebert hjannifergcomcast.net 12/9/02-12/9/10 Vice Chair 2010 11/30/98-8/13/11 1613 Irving Lane N(30) Lisa Sellman 763-566-6803 Edward Nelson 7206 Newton Ave N (30) 10/30/07-10/9/11 5236 Great View Ave N (29) 5/3/10-5/3/14 763-536-8963 Carol Kleven edward c_nelson(kyahoo.com 5835 Zenith Ave N (29) 1/6/05-6/26/12 3 vacancies 763-561-3495 5/3/10-5/3/14 Updated 8126110