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HomeMy WebLinkAbout06-28-2018 MinutesMINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION- SPECIAL MEETING JUNE 28, 2018 6:00 P.M. CITY HALL -CONFERENCE ROOM #1 Call to Order President Steve Smith called the meeting to order at 6 p.m. Roll Call/Status of Membership Members present: Steve Smith, Matt Abel, Kathy Ahlers, Ramona Anderson, Bill Hugo, KT Jacobs, Tom Kaiser, Carolyn Laine, Mike Patuik, Joe Schluender, Frost Simula, and Gregory Sloat. Members absent (excused): Rob Fiorendino and Susan Wiseman Also in attendance: City Attorney Jim Hoeft, Council Liaison Connie Buesgens, and City Clerk/Recording Secretary Katie Bruno Amending Charter Regarding Control of Police Department President Smith stated that the changes to Chapter 2, Sections 10 and 53 regarding changing the control of the police department from the mayor to the city manager failed the second reading. Smith explained that the Charter Commission has three options as follows: take no further action, change the proposed ordinance and bring back to City Council, put it as a question on the ballot. Commissioner Simula asked for a summary of the discussion at the meeting. Council Liaison Buesgens stated that Councilmembers Murzyn Jr. and Novitsky and Mayor Schmitt voted no on the ordinance. She also noted that Councilmember Williams and herself voted to pass the ordinance. Motion by Commissioner Abel, seconded by Commissioner Anderson, to take no further action. Commissioner Anderson stated that the voters are not asking for a change and that the change is trying to fix something that is not broken. Anderson commented that the police department should be controlled by the mayor as the mayor answers directly to the public and can be removed easier every 2 years by simply not being reelected. City Attorney Hoeft reminded the Commission that the question to change the mayor term from 2 years to 4 years will be included on the November ballot. In addition, Hoeft stated that it is not easier to discipline or remove a mayor than a city manager. He noted that the only way to remove a mayor is if they commit a felony or are not re-elected. On the other hand, the city manager is an at -will employee subject to the simple majority of the City Council. Commissioner Jacobs stated that the mayor answers directly to the constituents while the city manager does not. City Attorney Hoeft noted that the city manager is controlled by the entire city council who answers directly to the constituents. Jacobs asked with the city manager's position being under contract is there a higher risk for wrongful termination or a lawsuit as the result of a city manager being terminated. Hoeft responded no. Commissioner Sloat inquired how long the current city manager has being serving. City Attorney Hoeft responded that the current city manager has been serving since 1996. It was noted there have been four mayors during his tenure. Commissioner Abel stated that he agrees with Commissioner Anderson in that changing the controller of the police department is trying to fix something that is not already broken, but does not agree with her reasons. Abel stated that the issue should be addressed in the future if need be. Charter Commission Meeting June 28, 2018 Page 2 of 3 Commissioner Ahlers stated that a reason that this issue came before the commission is to change the charter to reflect current practices noting that the duties have historically been delegated to the city manager. She also noted that a city manager would have the proper training to supervise a police chief and the department, but a mayor would not necessarily. President Smith stated that if no action is taken then the charter remains the same and the public has no say. He added that the public would have the opportunity to weigh in if it was put on the ballot. Commissioner Sloat stated that it is not a pressing issue and could be put on the ballot in the future. Commissioner Ahlers commented that it is a pressing issue because it needs to be decided at this meeting if the question will go on the ballot. Commissioner Laine stated that the Charter Commission already agreed that it should be changed by bringing the ordinance to the City Council. Laine commented that it is interesting that some members that have previously stated that the people should decide are now saying they should not. Additionally, she stated that the city is very different from when the charter was adopted in 1923 and that the Charter Commission should not wait for a problem to occur. Commissioner Anderson mentioned the Minneapolis Police Department is controlled by the mayor. City Attorney Hoeft stated that Minneapolis is not a comparable example as they have a different form of government. Commissioner Jacobs commented that the ballot is very heavy this year and stated that this could work for or against the outcome of the question. Commissioner Sloat commented that he did not agree with the Laine's points as the Constitution has been in place for over 200 years. Commissioners commented that it has been changed multiple times. Sloat commented that the Charter Commission is not the governing body of the City and putting this on the ballot would be going against the City Council. City Attorney Hoeft stated that 2 member of the City Council voted to make this change and 2 of the 3 who voted no clearly indicated that they want the voters to decide and did not take a position. Commissioner Laine stated that the mayor only has more power than the rest of the city council in this 1 area. The Charter Commission voted on the motion on the table by roll call: Abel: Aye Ahlers: Nay Anderson: Aye Hugo: Nay Jacobs: Aye Kaiser: Aye Laine: Nay Patiuk: Nay Schluender: Nay Simula: Nay Sloat: Aye Smith: Nay Motion failed: 5 ayes, 7 nays Motion by Commissioner Hugo, seconded by Commissioner Ahlers, to place the question on the ballot. President Smith clarified that an affirmative vote would bring the question before the City Council to be placed on the ballot. City Attorney Hoeft clarified that the language of the question would be set by the City Council. Charter Commission Meeting June 28, 2018 Page 3 of 3 The Charter Commission voted on the motion on the table by roll call: Abel: Aye Ahlers: Aye Anderson: Nay Hugo: Aye Jacobs: Nay Kaiser: Nay Laine: Aye Patiuk: Aye Schluender: Aye Simula: Aye Sloat: Nay Smith: Aye Motion passed: 8 ayes, 4 nays Motion by Commissioner Abel, seconded by Commissioner Laine, to adjourn the meeting. Motion passed, 12-0. Meeting adjourned at 6:31 p.m. Respectfully Submitted, Nicole Tingley, City Cler Rec r ing Secretary