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HomeMy WebLinkAbout19871008 Charter Minutes~ CHARTER COMh1ISSI0~T MINC7TES October 8, 19$7 Minutes of the regular meeting of the City of Hastings, Charter Commission, held Thursday, October S, 1987, 7x30 p.M., at City Hall Council Chambers, 100 Sibley Street, Hastings, Minnesota. The meeting was called to order at 7:35 P.M. by Chairperson Winton Hartman. Members present were as follows: Winton Hartman Earl Beltz Jeanne McGree Dick Dabrick Rick Law Agnes Kobierowski Dick Lee Janice Johnson Judith Gilbert Chairperson Hartman announced that a quorum was present. Following his greeting to members, he stated that the minutes of the previous meeting had been distributed by mail, and asked if there were any corrections or additions. Dick Dobrick pointed out a few corrections. Dick Lee moved that the minutes be approved. Second by Judy Gilbert and carried. Dick Lee asked for a moment of the Charter Commissions time for a statement. He stated that normally he is very pleased with what he reads and sees in the Hastings Star & Gazette. He believes it to be an outstanding paper but is a _~ little concerned and angry with what was written the week following the July 9th meeting. On the editorial page under "Brickbats" the word "neglegence" was used in reference to members' responsibility in attending the meeting of July 4. He apologized if his non-attendance created any problems for the members who were in attendance but he didn't want to leave the implication that his absence or the absence of any of the other member's was out of irresponsibility or neg- ligence. He explained that he was an vacation which had been planned long be- fore he became a Charter Commission Member. He stated that he regrets that the Hastings Star & Gazette had to use the word negligent and "indeed thought we were negligent by not being in attendance at that. meeting". He knew that one member was away on business and another person informed the Chairperson that he would not be here. Again he apologized for his absence and any problems it caused the Committee i.e. not having a quorum and he encouraged the Hastings Star Gazette to, in the event they choose to write about the Charter Commis- sion, contact those individuals and at least report their side of what happened and why they were not in attendance. He then thanked the Commission. Chairperson Hartman thanked Shawn Moynihan, Assistant City Attorney far attend- ing and for the help given the Committees. Chairperson Hartman then reviewed the time table that was adopted at the January meeting. In April the committee agreed to meet quarterly and that on July 9 we would have the Committee reports and recommendations which we had that night with some discussion. Tonight, October 8, was set as an opportunity for the public to have input an the committee's recomendations. He stated that Charter Commission Meeting Minutes October 8, 1987 Page 2 of 5 this meeting had been publicized through the local radio station and newspaper emphasizing to the public that there was an opportunity for their input at this meeting. The agenda and copies of reports had been set out far the public. This fulfills the Commission's obligation to inform the public. He suggested that discussion be held on what the public's understanding of what the function of the Charter Commission is. He stated that after discussion at the July 9 meeting the reports had been refined. Chairperson Hartman pointed out that there would not be any recommendations made for revisions to the Charter this year but that the Committee would be aiming for any recommendations being sub- mitted to the public at the general election in November of ].988. Chairperson Dick Dobrick then stated that he hoped that alI members had read the Proposed By-Laws and Rules of Procedure. (Attached} He stated that they had been mailed out and discussed at the July 9th meeting and a number of suggest- ions had been made at that meeting. Those suggestions had been incorporated and the report that the Commission had before them at this time included those sug- gestions. The Commission then reviewed the recommendation's of the Committee on By--Laws asking for questions after each section. xn the matter of "Election of Officers", Chairperson Dick Dobrick asked Shawn Moynihan if someone could serve two consecutive terms, sit out for a year and then serve again. Mr. Moynihan stated that was haw he understood it. Chairperson Hartman then pointed out that another conditioning factor was that the State Statute states that a Gharter Commission member cannot serve mare than two 4-year terms and that would have an impact on this question. Chairperson Dobrick continued with the review. Chairperson Hartman then asked Mr. Moynihan if he had any additional input. Being none a motion was made by Rick Law to approve the proposed By-Laws and Rules of Procedure and second by Janice Johnson and carried. Chairperson Hartman then called upon Jeanne McGree to review the recommendation of her committee. Chairperson McGree stated that the Committee had been agreed that three councilpersons (only} be appointed to the City Council Committees, for the reasons given. Chairperson Hartman asked if there were any questions or recommendations. He pointed out that a year ago, when council committees were being appointed, two council members raised the question and asked the Charter Commission to make a recommendation and discuss whether the City Charter should be amended. Dick Lee agreed with all four paints but added that when there is a majority of councilmembers on a committee a great deal of the discussion is held outside of the meeting and not at the council meeting itself, when the gen- eral public is supposed to be in attendence. Chairperson McGree stated that that was the main reason for this recommendation. Chairperson Hartman asked for approval of this recommendation subject to any final recommendations at the January Charter Commission Meeting. Dick Lee moved that the recommendation be approved. Second by Janice Johnson and carried. Janice Johnson asked why this wasn't final as of this meeting. Ghairperson Hartman stated that this is £inai unless at the January Meeting someone has something to add. Mrs. Johnson also asked why this was not presented to the City Council far adoption. Dick Dobrick stated that the City Council asked the Charter Commission Meeting Minutes October 8, 1987 Page 3 of 5 Charter Commission to make these recommendations as they could not change how many council persons be appointed to committees unless the City Charter be changed. He believes it should go to the City Council as soon as passible in hopes that they could adapt it by ordinance. Chairperson Hartman stated that it could be adopted by City Cauncii bat it would have to be a unanimous vote. Mrs. Johnson stated that she would rather have it go through the City Council for approval as it would be quicker. Chairperson Hartman agreed and asked for a motion. Shawn Moynihan commented that in January the Council will be reorgan- izing its committees and this is an opportune time to approve this and get it into affect and by giving it to the City Council would now allow enough time to put it in force before January. Chairperson Hartman then asked.Mr. Moynihan if the commission should submit it to the council prior to their January meeting. Mr. Moynihan said that would be his suggestion. Mr. Dobrick then added "the sooner the better" as the Council would have to vote unanimously three dif- ferent times. Mrs. Johnson moved that this be submitted to the City Council as soon as possible. 5ecand by Agnes Kabierowski and carried. Chairperson McGree continued with her review of the method of appointment of an Acting mayor. Chairperson Hartman said the reason for this recommendation was that there had been a problem in the past. When it came to electing an acting Mayor the Council couldn't get a majority vote for any one member of the Caun-- ci1. This recommendation is intended to preclude that sort of problem. Shawn Moynihan asked if these "lots to be cast" would be Pram the senior members at large or from the entire council. Janice Johnson stated that it would be from the "two senior members at large". Chairperson Hartman asked how the wording could be changed so that this was understood. He then suggested that Mr. Moynihan define the warding so that it is clear to everyone. Chairperson Hartman then asked the commission if they wanted this to ga to the Council now. Janice Johnson moved to adopt this recommendation and submit this to the City Council as rapidly as passible for approval and adoption. Second by Judy Gilbert and carried. Chairperson Hartman asked Dick Dobrick to review his committee's recommend- ations on "Conflict of Interest". Pertaining to the matter of "Incompatible Offices", Janice Johnson stated that she would like to see the time expanded to 4 years in which an elected officer may accept a position other than the one he or she had been elected far. After same discussion Dick Dobrick moved, Rick Law seconded to accept this category "Incompatible Offices" as originally recom- mended attached. The motion carried. Discussion was then held on "Contracts". It was suggested that perhaps this section should include "any member violating this would be guilty of a gross misdemeanor and would be removed from office". Shawn Moynihan suggested that same guidance be given somewhere in the Charter or subsequent Ordinance that would carry out how you would remove someone from office, under this paragraph, if it were adopted by this Commission, He con- tinued with stating he would not suggest that the commission make it a gross misdemeanor by providing for this in the Gharter. As no other provision in the Charter calls far a criminal sanction. Judy Gilbert then stated that regarding this particular section, the League of Minnesota cities recommends that: if the Charter Commission Meeting Minutes October 8, 1987 Page 4 of 5 Mayor enters into a contract in which the Mayor has an interest presents a similar problem, the Council could oust the Mayor. Dick Dobrick commented upon Stillwater's Charter which states "any violation of the provisions of this section shall be a misdemeanor", and the Charter of New Ulm states "any city officer so offending shall upon violation thereof be removed from office by the City Council". Shawn Moynihan suggested that if there was a violation, a member of council would have to raise it as an issue and then ask the City Attorney for guidance. Chairperson Hartman then suggested that the last sentence of this section would be worded as follows: "...he or she shall be removed therefrom upon due process and a majority vote of council". Chairperson Hartman then suggested voting upon this with the understanding that Mr, Moynihan would clarify the wording. Janice Johnson moved that Section B be approved. Rick Law second and carried. Chairperson Dick Dobrick then reviewed Section C "Conflict of Interest". Dick Lee brought up the question of Volunteer Firemen being exempt from this pro- vision. Chairperson Hartman then suggested adding "Except as otherwise provided in the Statutes of the State of Minnesota...etc." and it would continue with the rest of Section C. Rick Law then raised the question of penalty for Con- flict of Interest. Mr. Moynihan observed that these provisions will have to be tightly drawn. There is a concern that politically this may be used to get rid of minority people on the Council. He sees a possibility~of abuse. Chairperson Hartman then suggested the Committee approach this recommendation as a first step. With time the Committee could make recommendations to improve upon it. Rick Law moved that he would like to see it completely restructured before the Commission consider it. Janice Johnson second. With two no votes, motion carried. Chairperson Hartman suggested that a motion be made that the recom- mendation be referred back to the committee with a suggestion that the warding of Section C be improved in the light of the Commission's discussion. This would give the Committee an opportunity to work with Mr. Moynihan on this. Rick Law motioned, second by Janice Johnson and carried that this recommendation be held together as a package and not submitted to the Council until the Assistant City Attorney and the Committee clarify the wording so that it meets the con- cerns of the discussion we have had here tonight. Janice Johnson asked if, due to the timetable and the three months that will lapse before our next meeting, after the revisions have been made, these recom- mendations could be mailed out and voted upon. Chairperson Hartman stated that polling the Commission by mail was not acceptable according to the Open Public Meeting Law. He then suggested that the Commission could, after due notice was given in the newspaper, call a short afternoon meeting so that the revised Com- mittee recommendation could be voted on. Dick Dobrick asked that a further matter related to conflict of interest be dis- cussed by the Commission as follows: Employees of the City in the course of per- forming their official duties shall not directly or indirectly receive or agree to receive any compensation, payment of expense, gift, reward, gratuity, favor, service, or promise of future employment or other future benefit from any Charter Commission Meeting October 8, 1987 Page 5 of 5 source except from the city for any activity related to the duties of the employee, except as otherwise provided for by law. However, acceptance of the following shall not be a violation of this section: gift of only nominal value, plaque or similar momentos recognizing individual service in .the field of the employees specialty or contribution to a charatibie cause. The proposal being new to the commission, chairperson Hartman ordered that this item be reserved for discussion at the January, 1988 meeting of the commission. Chairperson Dick Lee then proceeded with his committee's recommendations on Public lnfarmation. Mr. Lee commented on a Twin Cities newspapers failure to send a reporter along with the photographer to press conferences involving po- litical issues. Rationale being that studies have shown that the public is not interested in reporting on government. Keeping that in mind one of his commit- tee's findings was a need for a long term ongoing plan far a program for ed- ucating the public about the wank done, functions and more significantly how the commission may effect the residents of Hastings. Discussion was then held on some of the ideas Chairperson Lee and his committee members presented. The question was raised as to the finances of the Commission. Chairperson Hartman asked if there was any objection to the Committee moving ahead in these issues. There being no objections, Chairperson Hartman directed the Committee to move ahead aggressively with their program. Chairperson Hartman stated that the recent County and City reports regarding the development in the City of Hastings, raises the question whether or not in view of very considerable new building in Hastings, the ward boundaries have to be adjusted before the general election. Mr. Dobrick agreed to address this mat- ter as the Chairman, and Earl Beltz has agreed to join Mr. Dobrick. Dick Lee stated he would like to join them, with a report to be given at the January meeting. Chairperson Hartman thanked everyone for attending and with no further business Janice Johnson motioned to adjourn, Rick Law second and carried. Meeting adjourned at 9:30 P.M. Respectfully submitted, Lorraine Juneau /Ij