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HomeMy WebLinkAbout2006-08-28 CHC MIN City of Stillwater Charter Commission Aug. 28, 2006 Present: Ned Gordon, chair Jeanne Anderson, Gene Bealka, Thomas Corbett, John Lund, Patrick Needham, Terry Zoller Mr. Gordon called the meeting to order at 7:03 p.m. Approval of minutes: Mr. Zoller, seconded by Mr. Lund, moved approval of the minutes of Feb. 21, 2006; motion passed unanimously, with Mr. Corbett and Ms. Anderson abstaining. Mr. Lund, seconded by Mr. Gordon, moved approval of the minutes of May 15, 2006; motion passed unanimously, with Mr. Corbett and Mr. Gordon abstaining. Old Business Charter amendment: Mr. Gordon distributed a packet of correspondence between himself and City Attorney Magnuson related to the Commission's interest in amending the Charter to preclude Councilmembers from serving on the Charter Commission. Mr. Gordon noted such an amendment is now possible due to a recent change in state statute. Mr. Gordon had prepared a resolution asking the City Council to pass an ordinance amending the Charter. Mr. Bealka questioned what makes the Charter Commission different from other City boards/commissions, which have Council representatives serving as members. Mr. Gordon responded that the Charter Commission is different in that a Councilmember seated on the Charter Commission is in a position to influence his or her election to office, as the Charter Commission is responsible for establishing ward boundaries. Mr. Needham noted that the Charter Commission is the only body, other than the Council, which. can bring an issue to a referendum vote. It also was noted that, unlike other bodies, members of the Charter Commission are appointed by the 10th District Chief Judge. There was discussion of whether such an amendment is needed to address the potential conflict of interest of Councilmembers serving on the Commission as conflict of interest is already addressed in state statute. Mr. Gordon said he would like to move forward with the request to the Council. There was discussion as to the possible consequences of moving forward should the Council not pass the ordinance - would that force a referendum. Mr. Zoller pointed out should an election be required, the timing is such that the issue couldn't be on this November ballot. Mr. Zoller also noted that if the primary concern is the conflict of interest regarding redrawing of ward boundaries, that issue won't arise again until the next census. Mr. Gordon said in his conversations with Attorney Magnuson, Mr. Magnuson did not seem to think the proposed ordinance would present much of a problem to the Council. Mr. Gordon pointed out that his proposed resolution has no timeframe but merely asks the Council to take action on the ordinance. Mr. Nelson suggested waiting to take action until next June, perhaps, so an election if needed could be done in conjunction with the next general election. Ms. Anderson suggested doing some additional research as to the process that might trigger an election, as well as additional research on other possible conflict of interest matters involving Councilmembers serving on the Charter Commission. Mr. Gordon proposed using his draft resolution as a working document to do necessary research both through a review of state statutes, with the City Council, and City Attorney. Mr. Gordon agreed that there is no urgency to take action at this time, but said he thought the proposed amendment should be a part of the City's Charter. Mr. Gordon said he would continue discussions with City Attorney Magnuson and also would bring the matter to City Administrator Hansen to see if it would be possible to bring the proposal, unofficially, to the attention of the City Council. Ms. Anderson volunteered to research state statute to determine whether a charter amendment must be brought to a vote of the general electorate. Conflict of interest policv: Mr. Gordon submitted a policy for the Commission's consideration. Mr. Gordon spoke of the need for some specificity in the language relating to conflict of interest. He said the policy was developed using several models drawn from the county. He suggested such a policy for the Commission's own use would be beneficial. There was discussion of public perception versus direct financial gain interpretation of conflict of interest. Mr. Corbett noted that the Charter currently mandates financial disclosure, a process that isn't enforced, and suggested that it might be wise to work with what is on the books and see that the requirements are complied with. Mr. Corbett offered a document addressing conflict of interest issues that he had from his work with the League of Minnesota Cities for the Commission to review. Mr. Gordon said he put the policy on the table for discussion and further study and agreed that perhaps the Commission ought to revisit the language of the Charter itself. Ms. Anderson said she thought it important to have a document that is both usable and enforceable and said it should be brought to the attention of Administrator Hansen that current law, City Charter, requires financial disclosure. Mr. Zoller asked about the definition of family member in the proposed policy. Mr. Gordon said he would like to keep both of the issues discussed during the August meeting open until the next meeting, pending further research. Mr. Gordon verified that Ms. Anderson would research state statute regarding the timing and process for Charter amendment/elections. Mr. Gordon said he would talk with Attorney Magnuson regarding the Council's possible reaction to the resolution calling for the ordinance amending the charter. Mr. Gordon said he also would talk with Administrator Hansen regarding whether the conflict of interest section of the Charter has been observed in practice and also will talk with the attorney from the League of Minnesota Cities regarding possible conflict of interest policy models. New business Mr. Bealka asked whether the Commission was going to address the issue of whether the Commission has the authority to reject an appointee proposed by the City Council. Mr. Corbett volunteered to look into that issue. Mr. Corbett asked whether there was an oath of office for Commission members. Ms. Anderson said there is an oath that must be signed and returned. Mr. Corbett asked if it would be possible for all members to have tabbed copies of the Charter; Mr. Gordon said he would take care of that. Mr. Corbett suggested a possible item for discussion would be filling of vacancies on the City Council. On a motion by Mr. Zoller, the meeting was adjourned at 8:18 p.m. Respectfully submitted, Sharon Baker Recording Secretary