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HomeMy WebLinkAbout2008-01-28 CHC MIN City of Stillwater Charter Commission Jan. 28, 2008 Present: Patrick Needham, chair Jeanne Anderson, Orwin Carter, Tom Corbett, Dorothy Molstad, and Terry Zoller Mr. Needham called the meeting to order at 7 p.m. Approval of minutes: Ms. Molstad, seconded by Mr. Zoller, moved approval of the minutes of the previous meeting. Motion passed unanimously. Old Business Mr. Needham thanked Mr. Corbett for his report on the Commission’s yearly activities. New Business Conflict of Interest follow-up – Ms. Anderson asked if the Commission had received a report on the status of the conflict of interest documents that had been sent out. Mr. Needham said he had talked with City Clerk Ward and all the documents had been returned. Ms. Anderson wondered if the information had been reviewed to determine any possible conflicts of interest and wondered whether that was the function of City Attorney Magnuson. Mr. Corbett said he had reviewed the City Charter regarding that function and referred to the provision in the Charter that states the City Attorney must inspect all material filed with the City as promptly as necessary to ensure compliance and that the City Attorney must immediately notify an individual if a written complaint is filed with the City Attorney by any registered voter alleging or it otherwise appears that a document filed is inaccurate or does not comply with the provisions of this section or that the individual has failed to file a document required by this section. Ms. Anderson suggested that perhaps the City Attorney should be reminded that review of the conflict of interest documentation is a function of his office. Mr. Corbett suggested a resolution might be in order and moved to introduce a resolution to request that the City Clerk notify the City Attorney of subdivision 5 of Section 5.12 of the City Charter regarding review of the conflict of interest disclosure forms that were completed by various public officials in the last year. Mr. Carter seconded the motion; motion passed unanimously. Ms. Anderson wondered if that action ended the Commission duties related to conflict of interest or whether the Commission needed to see a report back from the City Attorney. Mr. Needham said he thought this action ended the Commission’s responsibility in this matter. Ms. Anderson wondered if this would be automatically done on an annual basis. Mr. Needham noted that the only time this matter comes into play is on change of employment or job position. Ms. Anderson pointed out that people buy and sell property and people’s situations change. Mr. Zoller said this provision applies only to department heads, elected officials or appointed officials. Ms. Molstad noted that the provision requires disclosure within 30 days of any change in statement previously filed. Mr. Corbett suggested there is an education component and it might be helpful if the City got the word out that this is an ongoing disclosure requirement. It was suggested that perhaps an annual reminder could be sent out, indicating that the form need not be returned if there has been no change in status. Mr. Carter moved to recommend that City staff annually contact all people affected by the conflict of interest provision to determine whether there have been any changes in status/previous filing. Ms. Molstad seconded the motion; motion passed unanimously. Charter Commission vacancies – There was discussion as to term expiration dates. Mr. Zoller questioned the fact that six of the members’ terms are up in the same year and asked that the terms be verified. Ms. Anderson asked if there would be some way to take action to stagger the terms if the terms do, in fact, expire at the same time. Mr. Needham pointed out that would require action by the Chief District Court Judge who makes the appointments. Mr. Corbett reviewed the timeline of the appointment process. There was discussion regarding the lack of applicants and ways to encourage people to apply for appointment; Ms. Anderson suggested personal contact, word of mouth, is the best method. It was noted that of the six members whose terms expire, five will make application for reappointment, leaving one vacancy to fill. Ms. Molstad pointed out that there is no requirement for having a nine-member Commission; Mr. Corbett stated statute specifies a membership of not less than seven or more than15 to be determined by the Court. Mr. Needham stated that according to the required appointment timeline, the Commission should hold interviews at the March meeting. It was noted that the deadline for application is March 1. Mr. Corbett suggested drawing up a proposed order for the Chief Judge’s signature with the names of current members wishing reappointment; Ms. Anderson volunteered to do that. Mr. Carter wondered if those seeking reappointment would still need to write a letter to Clerk Ward. Mr. Corbett suggested members indicate for the record their interest in reappointment. Mr. Corbett read into the record: At this time, the following Charter Commission members whose terms are set to expire May 1, 2008, have expressed their interest in continuing to serve on the Charter Commission, Tom Corbett, Patrick Needham, Terry Zoller, Dorothy Molstad and Orwin Carter. Other items  Mr. Corbett referred to news reports that Afton is interested in becoming a Charter city and wondered if someone from Stillwater’s Commission ought to volunteer to be a resource.  Mr. Zoller verified that the March meeting would take place on March 17 for the purpose of interviewing candidates. Ms. Anderson suggested the agenda might also include a discussion of ways to encourage applicants and the possibility of getting to staggered terms. Ms. Molstad wondered if the action taken at this meeting of reading interest for reappointment was sufficient; Mr. Zoller asked Mr. Needham to have the City Clerk e-mail members if a letter is still required. Mr. Corbett suggested another item for discussion might be the proposal to preclude City Council members from serving on the Charter Commission. Ms. Molstad, seconded by Mr. Corbett, moved to authorize Chair Needham to contact City Administrator Hansen regarding the Council’s position on the proposal to amend the Charter to preclude Councilmembers from serving on the Charter Commission. Motion passed unanimously. Ms. Molstad, seconded by Ms. Anderson, moved to adjourn at 7:45 p.m. Respectfully submitted, Sharon Baker Recording Secretary.