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HomeMy WebLinkAbout19870709 Charter MinutesHIGHLIGHTS CHARTER COMMISSION MEETING July 9, 1987 Highlights of the regular meeting of held Thursday, July 9, 1987, 7:30 Sibley Street, Hastings, Minnesota. the City of Hastings Gharter Commission, P.M., at City HaII Council Chambers, 100 The meeting was called to order at 7:50 P.M. by Chairperson Winton Hartman. Members present were as follows: Winton Hartman Judy Gilbert Dick Dobrick Janice Johnson Jeanne McGree Chairperson Hartman announced that a quorum was not present. Following his greeting to members, he introduced Lorraine Juneau, Computec Services, who will be taking the place of Bonnie Johnson as retarding secretary. He also welcomed and thanked Shawn Moynihan, Assistant City Attorney, for being present at the meeting. The minutes of the previous meeting had been distributed by mail, and Chairperson Hartman asked for a motion that they be approved. Janice Johnson stated that quite a bit of time was spent on the charter changing "chairman" to "chairperson" and "councilman" to "councilperson" and requested that the minutes be corrected to ref lest that change, Chairperson Hartman so ordered and the minutes wi11 be corrected. Jeanne moved the minutes be approved. Second by Judy Gilbert and carried. Subject to final approval at our next meeting. Chairperson Hartman suggested that the two committee chairpersons in attend- ance, Dick Dobrick and Jeanne McGree, take this opportunity to review their studies and proposals and if there was a quorum later they could then be voted on. He called upon Dick Dobrick who proceeded with "Proposed Sy--Laws & Rules of Procedure". A copy of same along with a copy of the Report of F1Committee on Charter Commission" was distributed before the meeting. Chairperson Dobrick pointed out the three additions the committee recommends to the proposed by-laws after the Proposed By-Laws had been typed up and distributed. He then discussed each proposal beginning with "Meetings" stating the Commission should meet at least once each calendar year, as required by Minnesota Statutes, the goal being once per quarter. The meetings shall be open to the public and normally held on the second Thursday of the month.. Chairperson Dobrick then went on with "Agenda". The proposal states that a written agenda shall be prepared and delivered to all Commission members at least 3 days in advance of each meeting, and shall be available to members of the public at the meeting. Dobrick then noted that copies of tonights agenda had been set out for the public by Chairperson Hartman. Chairperson Hartman stated he would Like to have the Agenda delivered 5 days in advance. Also, it is important in the future the committee report that is to be considered in the meeting be delivered in a timely manner so that it can be included in the Agenda. Chairperson Dobrick pointed out, according to Public Meeting Law, that if there is any material that is prepared in advance at the direction of whatever the group is, City City of Hastings Charter Commission July 9, 1987 Page 2 of 5 Council or the Charter Commission and is distributed to members of that body, to be considered at that meeting, a copy of that material must be available to the public. Chairperson Hartman then asked Shawn Moynihan, Assistant City Attorney, if one copy was sufficient to satisfy the law. Mr. Moynihan stated the law reads "a copy" therefore, one copy is sufficient. Chairperson Dobrick continued with "Quorum" stating that it should consist of a majority. Discus- sion was held on the section concerning "Election of Officers". Janice Johnson suggested that each officer should serve no more than two consecutive one year terms in place of "no limitation". Chairperson Hartman instructed that John- son's suggestion and any changes that are discussed here be Hated and at the next meeting, when there is a quorum, they be voted upon. Chairperson Dobrick then went on with "Minutes" proposal being that the Minutes shall be prepared, distributed before the next meeting of the Commission and a copy maintained in a file at City Hall per Minnesota Statute. The Committee suggested adding a new section to be insetted in this position in the Proposed By-haws called, "F. Non-Attendance", Chairperson Dobrick then stated that the contents of this section is a direct quote from Minnesota Statutes "When any member has failed to perform the duties of office and has failed to attend four consecutive meet- ings 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." The Committee also suggested adding another new section called "Annual Report". It should follow F. Non-At- tendance. It shall state "The commission shall submit to the chief judge of the district court, on or before December 31 of each year, and annual report out- lining its activities and accomplishments far the preceding calendar year", according to Minnesota Statute. Chairperson Dobrick continued with "H. Rules of Procedure" It was. proposed that in the absense of the Chairperson and the Vice- Chairperson the members of the Commission present shall elect a Chairperson pro tem. Except as otherwise provided by Minnesota Statutes, the Hastings City Charter, or these rules, the proceedings of the Commission sha11 be conducted in accordance with "the current" edition of Robert's Rules of Order, Revised. Section "I" Order of Business shall be as follows: Ca11 to order, ro11 call, determination of quorum, minutes of previous meeting, reports of committees, unfinished business, new business, intxoduction of business for future meet- ings, announcements and adjournment. The last section "J. Committees" states that the Chairperson or other presiding officer may appoint committees as deemed necessary from time to time. Chairperson Hartman then asked the Gommittee if there should be any changes or additions to the by-laws. He asked Chairperson Dobrick to prepare a revised copy of the by-laws and Rules of Procedure so that they may be presented at the next meeting of the Commission or preferably, be sent out right away. Chairperson Dobrick and his committee recommends that the charter NOT be chang- ed to require publication of those items on the consent calendar because of change in the state statute no longer requiring cities to publish. A copy of the "packet", which includes items covering miscellaneous payments are given to members of the City Gauncil prior to the Council Meeting and are available to the public who attend the meeting. They are also available at the City Ha11. City of Hastings Charter Commission July 9, 1987 Page 3 of 5 Chairperson Hartman then asked Shawn Moynihan if there was in fact a copy of a packet available to anyone who wants to see it. Moynihan replied that the law requires that it be there but he couldn't say if it has been there at every Council Meeting although the staff is aware that it is required. Chairperson Hartman stated that he had not seen it when he picks up his agenda. Moynihan stated they have been making the packet available on a regular basis in the last 5 months. Chairperson Hartman asked if anyone saw anything questionable, how would that person handle that? Moynihan said at the Council Meeting prior to the consent agenda it is asked if there are any questions from the audience and that is when the public should present any and all questions. Ghairperson Hartman then asked the commission if there were any questions on the committees recommendation. Being none, Ghairperson Dobrick continued on the "Conflict of Interest". Minnesota statutes forbid any public officer who is authorized to take part in making a sale, lease, or contract to voluntarily have a personal financial interest in the transaction or to personally benefit financially from it. This statute applies to members of the City Council. Dobrick pointed out that there were several exceptions to the statute, one being the allowance of a council. member, who is a member of the fire department with exception to the Fire Chief, to participate in making a contract between the city and the city "volunteer fire department for the payment of compensa- tion to its members or for the payment of retirement benefits to members". Chairperson Hartman then asked Shawn Moynihan what the other exceptions were. Moynihan informed the commission that there were 9 others. He then summarized them. These exceptions deal with Port Authorities, Seaway Paxt Authorities, Economic Development Authorities, School Districts, Hospital Districts, City and County made by unanimous vote for contracts for goods and services with an interested officer in any of the fol.lawing cases i.e, if you have a unanimous vote you can make the following exceptions: 1. Bank or savings in which the officer has an interest in which that bank is used for the depositary of public funds. 2. If a council member has an interest in an official newspaper and only if you are using that in compliance with the statute. 3. A contract with a cooperative association in which the officer is a stockholder or shareholder but not an officer of the association. 4. A contract with a public official for which competitive bids are not required by law and the amount cannot exceed $1,000. 5. A contract with a municipal band for compensation for its members. 6. Contract for goods or services when consideration does not exceed $5,000 within a year and the contracted governmental unit has a population of less than 5000. 7. Deals with Port Authorities and Economic Development Authorities which may do business with shippers. Does not apply to Hastings. 8. Deals with the Seaway Port Authorities where a public officer is engaged in exporting and importing for general trade. 9. Deals with the commissioner of public housing, port authority or economical. development who is employed by a bank who is engaged in making loans. Cha.irpersan Dobrick informed the commission of a 14 page brochure put out by the "League of Cities" on this subject of Official Conflict of Interest. Chairperson Dobrick, on behalf of his committee, then asked for direction from the commission in reaching a decision concerning differing opinions on the issue of conflict of interest ranging from making no change to the present city charter to recommending inclusion of the strongest language on the sub~eet. He City of Hastings Charter Gommission duly 9, 19$7 Page 4 of 5 felt that if this whole matter of conflict of interest were discussed with the entire commission, the committee would certainly welcome any suggestions they may have to help come to a decision. He also felt that by the October meeting the differing opinions could be resolved sa that an agreement could be made. Chairperson Hartman thanked Dobrick and his committee members far a job well done and asked Jeanne McGree to review her committee's findings. Jeanne McGree, who was appointed Chairperson of the Subcommittee to recommend on Acting Mayor and Council Committees, began by reading the committee's recom- mendation for Council Committees. The committee felt that three councilpersons be appointed to the City Council Committees. The commission members who were in attendance agreed with the reasons and Chairperson Hartman suggested that it be noted that at the next regular meeting of the commission, when there is a quor- um, it be voted upon. Chairperson McGree continued with recommendations concern- ing the method of appointment of Acting Mayor. Her committee suggested four pos- sible means. Shawn Moynihan saw no objection to any of the four. Dick -obrick favored "2A". He felt it would be best if the mayor chose someone that stood an the same platform. Chairperson Hartman agreed with Dobrick saying that he felt a Mayor, President or Governor should have someone of the same mind as the Official so as not to deviate from the present policies. He also felt that the mayor was elected to office based on his/her platform therefore, should have the power to appoint someone who would act on the same platform. Janice Johnson Chen stated she favored "2C" because in Hastings the Mayor doesn't run on a platform and is elected on a "popularity vote". Chairperson McGree then stated her committee could recommend these two. Chairperson Hartman suggested that it be discussed at the next meeting and it could then be voted on as to which one should be submitted. Chairperson Wint Hartman thanked Jeanne far the report and in absence of a quorum asked if there was any other business. Dick -obxick brought up the ques- tion of the timetable, being there was no quorum this evening. Chairperson Hart- man proposed that the two committees be prepared to present solid recommenda- tions at the next meeting. He also suggested that publication be made of the date of the next meeting so the public could attend and voice their opinion. Following input of the October 8th meeting, the committees should then prepare for formal adoption at the January 14 meeting. Chairperson Hartman then said it could be put on the ballot far November election. He felt the commission could maintain timetable if there is a quorum at the October 8th meeting. He suggest- ed the commutes prepare a presentation of their recommendations, excluding By- Laws {they can be adopted before the public session), and have them published before the October meeting. Janice Johnson stated that Section 3.04 of the charter "except that the acting Mayor shall not have the right to veto ordinances or vote as Mayor to break a Cie. The councilperson acting as Mayor during the absence or disability of the Mayor shall continue his or her right to vote as councilperson" is outdated and City of Hastings Charter Commission July 9, 1987 Page 5 of 5 should be removed from the charter. Chairperson Hartman so noted and it will be voted on at the next meeting. Being no further business Janice Johnson moved that the meeting be adjourned. Second by Jeanne McGree. Meeting adjourned at 9:I0 P.M. Respectfully submitted, /lj Mr. Chairman: July 9, 1987 As chairperson of the Subcommiete~u~pp~gntm~ ~worGQlleagaeSOAganeshKobeerowski Commission on two top7cs we ar Y and Janice Johnson and X have come up with the following recommendations: 1. We recommend three council ersons. onl be a ointed to the City Council Committees, for the following reason a) Less meetings for councilperson to attend; b) More interest by councilperson (involved in less committees); c) Attendance by councilperson is more likely (with less meetings to attend}. d) More "quality" time could be devoted to each committee by councilperson. 2. In regard to our study of the (method of} appointment of Acting Mayor, we agreed on r four ossible means for the Charter Commission to consider: ~ a) Mayor appoints Without Council approval; b} Council nominates and elects without recommendation of Mayor; c) Mayor recommends and Council votes; -if no majority, the senior member of the two councilpersons at large will serve; d} The senior councilperson-At-Large automatically serves as Acting Mayor; ~if no councilperson at largei~e who shallrserveer (as now exists) lots will be cast to determ Je ~McGree, Subcommittee chair ~Se Sec. 303 Acting Mayor 304 deed to change? CHARTER COMMISSION COMMITTEE ASSIGNMENT COMMITTEE NAME: COMMITTEE ON PUBLIC INFORMATION REGARDING THE tdORK ALQD RECOMMENDATIONS OF TID; CITY CHARTER COMMISSION CHfi3RMAN: DICK LEE - 437-5841 MET•YBERS: EARL BELTZ - 437-4722 RICK LAir~ - 437-7841 COMMITTEE CHARGE: THERE E%ISTS AN OBVIOUS NEED ON THE PART OF TILE CITIZENS OF HASTINGS REGARDING THE PROVISION FOR, 'PIIE APPOINTPIENT AND MAY;EUP OF, THE FUNCTION AND THE PROCEDURES OF A CHARTER COMMISSION. THE COMMITTEE SHALL PREPARE FOR THE COT~YMISSION'S APPROVAL A PUBLIC INFORMATION PROGRAM REGARDING CI3ARTER COT•IP'IISSIONS AS ESTABLISHED BY THE MITdNESOTA STATUTES, THE FUNCTIONS OF CHARTER COMPiISSIONS AND AN A4JARETJESS OF THE ON-GOING 6VORK OF ^I HE CHARTER COMMISSION IAT THE CITY OF HASTINGS. HOPEFULLY THIS PUBLIC INFORMATION PROGRAT+I G7ILL STIT~IULATE CITIZEN IN-PUT AND PARTICIPATION IN Ti-IE t^IORK OF TI~~, CITY CHARTER COMT~IISSION AND AN AtlARETdESS OF tdHAT THE COMMISSION IS DOING. t- CHARTER COMMISSION COMMITTEE ASSIGNMENT COMMITTEE NAME: COMMITTEE ON CHARTER COMMISSION BY-LAWS AND RULES OF PROCEpUxE AND CITY OFFICIALS CONFLICT OF INTEREST CHAILZMAN: DICK DOBRICK - 43'7-5431 MEMBERS: JUDITH GILBERT - 43'7-5914 MICHAEL HOVGAARD - 43'7-13'76 COMMITTEE CHARGE: I) CHAPTER 410.05 OF MINNESOTA STATUTES PROVIDES THAT "THE CHARTER COMMISSION SHALL MAKE RULES INCLUDING QUORUM REQUIREMENTS WITH REFERENCE TO OPERATION AND PROCE:~?uxES. " THE COMMITTEE SHALL STUDY AVAILABLE DATA OTd THIS SUBJECT AND RECOMMEND A SET OF BY-LAWS FOR THE COMMISSION OPERATION INCLUDING, BUT NOT LIMITED T0, THE ELECTION OF OFFICERS, QUORUM, AGENDA ORDER, OPPORTUNITY FOR PUBLIC IN-PUT, COMMITTEE APPOINTMENTS, ROBERTS RULES OF ORDER ETC. 2) A SUGGESTION HAS BEEN MADE THAT TIC CITY CHARTER SHOULD DEFINE AND COVER THE MATTER OF CONFLICTS OF INTEREST ON THE PART OF CITY OFFICIALS IN THE CONDUCT OF' THE CITY'S BUSINESS. TIC COMMITTEE SHALL STUDY TIC AVAILABLE DATA ON THIS SUBJECT INCLUDING, BUT NOT LIMITED T0, THE PRACTICE OF OTHER MINNESOTA CHARTER CITIES OF THE THIRD CLASS AND RECOMMEND, IF DESIRABLE, AP4ENDPIENT TO THE HASTINGS CITY CHARTER COzTERITdG THE MATTER OF CONFLICT OF INTEREST ON THE PART OF CITY OFFICIALS IIVT THE CONDUCT OI' TIC' CITY"S BUSINESS. CHARTER COMMISSION COMMITTEE ASSIGNMENT NAA~ OF COMMITTEE: COMMITTEE ON APPOINTT~NT OF THE ACTING MAYOR OF THE CITY OF HASTINGS AND THE APPOINTMENT OF THE COMMITTEES OF THE CITY COUNCIL OF HASTINGS AND THEIR MAKE-UP. CHAIRMAN: JEANNE MCGREE - 437-5155 MEMBERS: JANICE JOHNSON - 437-2831 AGNES KOBIEROWSKI - 437-4896 COtIhYITTEE CHARGE: THE APPOINTMENT OF THE ACTING MAYOR AND THE COUNCIL COMMITTEES HAS BEEN A CONTINUING MATTER OF CONTENTION IN THE ANNUAL ORGANIZATIODT OF THE CITY COUNCIL, AT TIMES DEGEN~.RATING INTO A FARCE. THE COMMITTE SHALL STUDY THE AVAILABLE DATA ON THIS SUBJECT INCLUDING, BIJT PJOT LIT~7ITED TO,THE PRACTICE OF OTI~R MINNESOTA CITIES OF THE THIRD CLASS AND,IF DESIRABLE, AMEPJDT~~AJT TO THE CITY CHARTER COVERING THE PROCE:IiUxES TO BE FOLL04VED I_N THE AN"P1UAL ORGATdI'Z,ATI01T OF THE CITY COUNCIL.