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HomeMy WebLinkAbout01-18-2018 Charter Commission PacketMayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 Visit our website at: www.columbiaheightsmn.gov Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763-706-3611 or kbruno@columbiaheightsmn.gov, to make arrangements. *A QUORUM OF THE COUNCIL MAY BE PRESENT Meeting of the Charter Commission January 18, 2018 7:00 p.m. City Hall-Conference Room 1 1.Call to Order 1A. Oath of Office: Kathy Ahlers William Hugo 2.Roll Call/Status of Membership 3.Approval of Agenda 4.Approval Minutes of October 26, 2017 5. Election of Officers A. President B. Vice President C. Secretary 6.Correspondence 7.Old Business A.Update regarding Council action; Chapter 2-Section 7; Elective offices. B.Second Reading of Chapter 2-Sections 10 and 53; the Mayor’s direction of the police department. C. Discussion of Council Appointment Process. 8. New Business A. Approve the 2017 Charter Commission Annual Report 8. Adjournment Next Meeting Date: April 19, 2018 at 7:00 P.M., City Hall Conference Room 1 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 26, 2017 7:00 P.M. CITY HALL-CONFERENCE ROOM #1 Call to Order President Steve Smith called the meeting to order at 7:00 p.m. Oath of Office: Matt Abel (Prior to meeting) Ramona Anderson Frost Simula Roll Call/Status of Membership Members present: Steve Smith, Matt Abel, Ramona Anderson, Roger Johnson, Tom Kaiser, Rob Fiorendino, Eric Penniston, Frost Simula, and Gregory Sloat, Members absent: James Guy Members absent (excused): Carolyn Laine, Mike Patiuk, Susan Wiseman Also in attendance: Council Liaison Connie Buesgens, and City Clerk/Recording Secretary Katie Bruno President Smith requested adding the item Addressing the Appointment Process, prior to the approval of minutes. Approval of Agenda Motion by Commissioner Johnson, seconded by Commissioner Abel to approve the agenda as amended. Motion passed unanimously. Appointment Process President Smith explained there are currently thirteen members on the commission, up to fifteen are allowed. Smith reported applications are sent to the Chief Judge for consideration, and are not reviewed by himself or city staff. The Judge will review the applications and make the appointment(s) independent of the city or the commission. Applications were being held at City Hall, going forward applications will be sent to the Judge upon receipt. Approval of Minutes Motion by Commissioner Penniston, seconded by Commissioner Johnson to approve the minutes from the July 20, 2017 meeting. Motion passed unanimously. Correspondence Secretary Bruno reported she received one email questioning the appointment process. Old Business A. Review of Chapter 2-Section 7; Elective offices President Smith explained the city’s past practice on the process, indicating if the second reading is approved without changes; it is approved and sent to the city council for consideration. If there are changes, tonight’s action would constitute a first reading. Charter Commission Meeting October 26, 2017 Page 2 of 3 Smith reported at the July 20th meeting the motion was adopted; to change the mayor’s term from two years to four years. This constituted the first reading. Bruce Nawrocki, former Councilmember indicated a four year mayoral term would make it difficult to change the make-up of the council (majority), and urged the commission to leave the term at two years. Commissioner Pennistion questioned the process going forward. President Smith reported that upon Charter Commission approval, the Council will consider the item. If it is denied by the Council, the item will come back to the Charter Commission. The Commission can then decide whether to initiate a referendum, or leave it unchanged. Commissioner Sloat questioned if the councilmember terms would remain staggered. Fiorendino indicated that Councilmembers’ terms would not be affected by this consideration. Sloat was concerned with the ability to change the majority of the council every four years; rather than two years. Commissioner Fiorendino indicated there are good arguments on both sides, indicating he thinks a four year term is a nice balance. Smith indicated in his experience it can take most of the first term to learn the responsibilities of the job. Motion by Commissioner Anderson, seconded by Commissioner Sloat to table the action until the January, 2018 meeting. 2 Ayes, 7 Nays, Motion failed. Ayes; Anderson, and Sloat. Nays; Abel, Fiorendino, Johnson, Kaiser, Penniston, Simula, and Smith Commissioner Simula stated the expenses associated with campaigning could limit who can run for office every two years. Motion by Commissioner Fiorendino, seconded by Commissioner Abel to change the mayor’s term from two years to four years. 6 Ayes, 3 Nays; Motion Carried. Ayes; Abel, Fiorendino, Kaiser, Penniston, Simula, and Smith. Nays; Anderson, Johnson, and Sloat B. Review of Chapter 2-Section 10; the Mayor’s direction of the police department. President Smith reported the following language was adopted at the previous meeting: Section 10. THE MAYOR. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. And Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. A survey of various cities’ practices was distributed. In all cases, with a few exceptions in times of emergency; the City Manager has authority over the Police Department. Commissioner Simula stated that the Mayor has often delegated that authority to the City Manager in the past. Charter Commission Meeting October 26, 2017 Page 3 of 3 Commissioner Penniston stated that because the City Manager answers to the City Council, the Council would be indirectly involved. Commissioner Sloat stated he sees this as another layer of bureaucracy between the people and the police. Commissioner Smith brought up the fact that a City Manager would likely have more experience in personnel and human resources than a Mayor would. Motion by Commissioner Anderson, seconded by Commissioner Sloat to amend the motion to read: Section 10. THE MAYOR. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In time of public danger or emergency the Mayor may, with the consent of Council majority, take command of the Police, maintain order, and enforce the law. 7 Ayes, 2 Nays; Motion carried. Ayes; Anderson, Sloat, Abel, Penniston, Simula, Smith and, Johnson. Nays; Kaiser and Fiorendino. President Smith clarified action can be taken as a first reading at this time, the City Attorney can review the amended language prior to the second reading, scheduled for January 18, 2018. Motion by Commissioner Anderson, seconded by Commissioner Sloat to make the following changes to the City Charter: Section 10. THE MAYOR. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In time of public danger or emergency the Mayor may, with the consent of Council majority, take command of the Police, maintain order, and enforce the law. 8 Ayes, 1 Nay; Motion Carried. Ayes; Anderson, Sloat, Kaiser, Fiorendino, Abel, Penniston, Smith, and Johnson. Nay; Simula. And Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. C. Discussion of Council Appointment Process. President Steve Smith reported he received suggestions from Commissioner Penniston and Commissioner Simula at the July meeting. Smith stated he has not received any additional correspondence, and suggested continuing the discussion at the January meeting. Motion by Commissioner Abel, seconded by Commissioner Anderson to adjourn. All Ayes, Motion carried. Meeting adjourned at 7:47 pm. Respectively Submitted, ____________________________________ Katie Bruno, City Clerk/Recording Secretary CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION 2017 ANNUAL REPORT MEMBERSHIP: The following members served in 2016: Matthew Abel Rob Fiorendino Carolyn Laine Frost Simula Ramona Anderson James Guy Michael Patiuk Stephen Smith Lee Bak (resigned) Roger Johnson Eric Penniston Tim Utz (resigned) Jeff Diehm (resigned) Tom Kaiser Gregory Sloat Susan Wiseman During 2017, Commissioners Bak, Diehm and Utz resigned. Commissioner Kaiser was appointed. Commissioners Laine, Guy, Abel, Anderson and Simula were reappointed. At the October meeting, membership was at thirteen members. In December, two commissioners were appointed by Judge Douglas Meslow, they will be sworn in prior to the January 18, 2018 meeting. Councilmember Connie Buesgens served as the Council Liaison for 2017. OFFICERS: The following members served as officers for the Charter Commission in 2017: President: Steve Smith Vice President: Matt Abel Secretary: Eric Penniston MEETINGS: The Charter Commission held four meetings in 2017; January 19, April 20, July 20 and October 26. ISSUES DISCUSSED: The Commission discussed the following issues in 2017: Review of Chapter 2, Section 9, Vacancies on the Council This item was first discussed at the January meeting, and again at the April meeting. Concerns included the overall length of the process, the lack of a detailed plan, and a process to address consistent tie votes. President Smith requested members submit any suggestions to him for further consideration, indicating discussions would continue at the January 2018 meeting. Discussion of a joint meeting between the City Council and the Charter Commission This was considered at the April meeting, at the request of Mayor Schmitt. It was determined such a meeting could compromise the independence of the Charter. Councilmember Buesgens stated she would continue to serve as a liaison between the City Council and the Charter Commission. Review of Chapter 2-Section 7; Elective offices The commission considered language that would change the Mayor’s term from two years to four years. The first reading was approved at the July meeting, the second reading approved at the October meeting. The item was sent to the council for consideration at their December meeting; the Council tabled the item. Review of Chapter 2-Sections 10 (The Mayor) and 53 (Powers and Duties of the City Manager) The commission considered language that would change the management of the Police Department from the Mayor to the City Manager. The item was first considered at the July meeting, and a first reading was approved. At the October meeting, the item was amended, and a first reading was approved. Respectfully Submitted, ___________________________________ Katie Bruno, City Clerk/Recording Secretary