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Home My WebLink About04-19-2018 Charter Commision Packet Mayor 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 April 19, 2018 7:00 p.m. City Hall-Conference Room 1 1. Call to Order 2. Roll Call/Status of Membership 3. Approval of Agenda 4. Approval Minutes of January 18, 2018 5. Correspondence 6. Old Business A. Update regarding Council action; Chapter 2-Section 7; Elective offices (changing the term of the Mayor from two years to four years.) B. Second Reading of Chapter 2-Sections 10 and 53; the Mayor’s direction of the Police Department C. Discussion of Council Appointment Process. 7. New Business- None Next Meeting Date: July 19, 2018 at 7:00 P.M., City Hall Conference Room 1 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION JANUARY 18, 2018 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: Kathy Ahlers William Hugo Roll Call/Status of Membership Members present: Steve Smith, Matt Abel, Kathy Ahlers, Ramona Anderson, Bill Hugo, Roger Johnson, Tom Kaiser, Carolyn Laine, Eric Penniston, Gregory Sloat, and Susan Wiseman Members absent: James Guy and Rob Fiorendino Members absent (excused): Mike Patiuk and Frost Simula Also in attendance: City Attorney Jim Hoeft, Council Liaison Connie Buesgens, Councilmember Nick Novitsky, and City Clerk/Recording Secretary Katie Bruno Approval of Agenda Motion by Commissioner Johnson, seconded by Commissioner Anderson to approve the agenda as presented. Motion passed unanimously. Approval of Minutes Motion by Commissioner Wiseman, seconded by Commissioner Anderson to approve the minutes from the October 26, 2017 meeting. Motion passed unanimously. (Commissioner Ahlers abstained). Election of Officers Motion by Commissioner Abel, seconded by Commissioner Anderson to nominate Steve Smith as President. Motion passed unanimously. Motion by Commissioner Sloat, seconded by Commissioner Anderson to nominate Matt Abel as Vice President. Motion passed unanimously. Motion by Commissioner Abel, seconded by Commissioner Ahlers to nominate Eric Penniston as Secretary. Motion passed unanimously. Correspondence None Old Business A. Update regarding Council action; Chapter 2-Section 7; Elective offices. City Clerk Katie Bruno reported the council tabled the first reading of Ordinance 1643 at their November 27, 2017 meeting. Charter Commission Meeting January 18, 2018 Page 2 of 3 B. Second Reading of Chapter 2-Sections 10 and 53; the Mayor’s direction of the police department. President Smith reviewed the motion that was approved at the October meeting, explaining that if any changes are made to the recommended language, it would go back to a first reading. Commissioner Laine expressed concern with the language added at the October meeting, noting in her opinion the language is odd and lacks definitions. Commissioner Sloat gave Commissioner Laine a copy of a statute. Laine stated that it is not applicable to the item being discussed. Hoeft indicated he has no legal issue with the additional language. Laine expressed concern with the possibility of having a Mayor in office for four years, while overseeing the police department. Commissioner Anderson stated that historically there have been no issues with the Mayor overseeing the police department. Commissioner Ahlers stated if the supervision of the Police Department is a policy role, then it may be better to have the Mayor oversee in order to let the voters have access through voting. Commissioner Laine commented that all statutory cities (the majority of Minnesota cities) have the City Manager in charge of the police department. Commissioner Abel stated he is comfortable with the language as presented as it leaves the control in the council’s discretion. Commissioner Penniston commented that the background of a Mayor and City Manager could be very different and asked for an example of a situation where it would be problematic for a Mayor to be in control of the police department. Laine stated a mayor would have the ability to terminate all of the police officers, and hire whomever they prefer for replacements, whereas a City Manager would follow the same hiring procedure as for every other city department. Commissioner Ahlers suggested a third option would be to have the Mayor oversee the Police Chief, and not the entire department. Ahlers also commented that the City Manager would be accountable to the entire council, and that may be a good thing. Commissioner Kaiser indicated he appreciated the discussion, and he would support leaving the language as is, regardless of the term of the Mayor. Commissioner Abel stated that a City Manager could do just as much harm as a Mayor, and stated he would support the proposed language giving the Mayor control in times of danger. Commissioner Sloat stated that because there have been no historical problems with the current language, he therefore sees no reason to change the language. Commissioner Laine stated she would like to see the charter language reflect what is actually occurring. Motion by Commissioner Abel to approve the second reading as follows: 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. 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. Motion failed for lack of a second. Charter Commission Meeting January 18, 2018 Page 3 of 3 Motion by Commissioner Laine, seconded by Commissioner Wiseman to approve the first reading as follows: 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. Commissioner Sloat suggested the proposed language be presented as a ballot question at the next election. City Attorney Hoeft explained this is part of that process. 8 Ayes, 3 Nayes; Motion Carried. Ayes: Smith, Ahlers, Anderson, Hugo, Johnson, Laine, Penniston, and Wiseman. Nays: Abel, Kaiser, and Sloat. C. Discussion of Council Appointment Process. Commissioner Penniston suggested the process for a filling a council vacancy include a clearly laid out process at the beginning of the recruitment period. President Smith asked the group if they would like to add the item to the April agenda. Motion by Commissioner Abel, seconded by Commissioner Sloat to reconsider the appointment process for an empty seat on the City Council. All Ayes, Motion Carried. New Business A. Approve the 2017 Charter Commission Annual Report Motion by Commissioner Abel, seconded by Commissioner Johnson to approve the 2017 Charter Commission Annual Report. Motion passed unanimously. (Commissioner Ahlers abstained.) Adjournment Motion by Commissioner Smith, seconded by Commissioner Anderson to adjourn. All Ayes, Motion carried. Meeting adjourned at 8:03 p.m. Respectively Submitted, ____________________________________ Katie Bruno, City Clerk/Recording Secretary