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The(Birthplace of Minnesota
CHARTER COMMISSION MINUTES
September 15, 2014
MEETING
Chair Carter called the meeting to order at 7:03 p.m.
Present: Chair Carter, Commissioners Markowitz, Milbrandt, Swanson and Zoller
Absent: Commissioners Juelich, McLellan, Nelson and Ratte
APPROVAL OF MINUTES
Motion by Commissioner Milbrandt, seconded by Commissioner Swanson, to approve the
April 21, 2014 meeting minutes. All in favor.
UNFINISHED BUSINESS
Clarification of Section 5.04 (Abstentions)
Chair Carter led discussion on three wording options provided by the City Attorney for
possible revisions to this section.
Motion by Commissioner Milbrandt, seconded by Commissioner Swanson, to adopt Option 3 to
read as follows: "Three members of the Council shall constitute a quorum. No action of the
Council, except as otherwise provided in §5.03e, or when filling a vacancy in the Council, shall
be valid unless adopted by affirmative vote of a majority of a quorum." All in favor.
Clarification of Section 5.06 (Second Position)
Chair Carter reviewed wording governing holding other offices. The Commission noted that
employees of the library are paid out of City funds, but unlike the library, employees of the
Water Board are not paid out of City funds. Members of the Water Board receive no
compensation.
Commissioner Zoller suggested identifying employees of the Water Board and employees of
the library as being unable to hold City Council office.
Motion by Commissioner Zoller, seconded by Commissioner Milbrandt, to adopt the following
wording for Section 5.06, Holding Other Offices: "No member of the Council shall hold any other
City employment or employment by the Water Board or the Library. Neither may the
Councilmember be elected or appointed to any office created or the compensation of which is
increased by the Council while a member thereof until one year after the expiration of the term for
which the member was elected." All in favor.
Charter Commission Meeting September 15, 2014
Clarification of Section 13.08 (Treasurer of Water Board/Finance Director)
Chair Carter remarked there is no formal "City Treasurer." He suggested deferring a
recommendation on wording for this section until the City Administrator can clarify who
performs treasurer duties.
Commissioner Milbrandt noted the City has a Finance Director but does not have a City
Treasurer. He agreed the Commission should ask the City Administrator for clarification.
Chair Carter agreed to contact the City Administrator.
NEW BUSINESS
Commissioner Markowitz has been appointed by Judge Hoffman
Chair Carter congratulated Commissioner Markowitz on her appointment to the Commission.
Recall Provision
Chair Carter noted that Commissioner Ratte suggested the Commission discuss a possible
recall provision, in response to a situation in another community in which a City Council
member is prohibited from talking to any City employees because of disrespectful
communications.
Commissioner Zoller stated the Commission could see how other municipalities handle the
issue.
Commissioner Milbrandt responded that the issue could have a lot of gray areas.
Commissioner Swanson questioned the legality of a City Council prohibiting a member from
communicating with City employees.
Commissioner Zoller commented that if a citizen starts harassing a City employee, the
employee can get a restraining order, which would probably apply to Councilmembers as well
if they were perpetrating the harassment.
ADJOURNMENT
Motion by Commissioner Milbrandt, seconded by Commissioner Swanson,to adjourn the meeting
at 7:55 p.m. All in favor.
Respectfully submitted,
Julie Kink
Recording Secretary
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