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HomeMy WebLinkAbout07-17-2025 Charter Commission Minutes Call to Order Roll Call/Status of Membership Members present: Kathy Ahlers, Wolid Ahmed, Larry Betzhold, Christine Brown, Ben Harris, Leo James, Veronica Johnson, Carolyn Laine, Julie Rose, Frost Simula, Marsha Stroik, Susan Wiseman Members absent: Excused: Matt Abel, Bill Hugo Unexcused: Wolid Ahmed Also Present: Council Liaison Laurel Deneen, City Attorney Travis Lutz 1. Reappointment of Commissioner Harris Approval of Agenda Motion by Betzhold to approve, second by Wiseman. Motion passes. 2. Approval of April 10, 2025 Meeting Minutes Motion by Johnson, second by Brown. Motion passes. Correspondence Copy of letter from City Manager Aaron Chirpich regarding Board and Commission Training. Old Business 3. Changes to Recall elections, vacancies President Laine pointed out that current state laws mandate specific dates and processes for elections. These dates pose scheduling challenges when a recall and the election of a replacement are combined on the same ballot. Commissioner Abel mailed a suggestion to align the recall process with the existing process for filling a vacancy. President Laine agreed and proposed to simplify the recall into its own election, thereby allowing a vacancy to be filled according to the existing process. CHARTER COMMISSION Columbia Heights City Hall, 3989 Central Ave NE, Shared Vision Thursday, July 17, 2025 7:00 PM MINUTES The proposal included the following changes: Chapter 5. Initiative, Referendum, and Recall Section 52. Form of Recall Ballot. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall A be recalled?" the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of A, if recalled." But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. a vacancy shall be declared and shall be filled as set out in Section 9 of this charter. If the officer sought to be recalled shall have resigned within ten days after the r eceipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. Motion by Laine, second by Harris. Roll call vote: Ayes (11): Ahlers, Betzhold, Brown, Harris, James, Johnson, Laine, Rose, Simula, Stroik, Wiseman Nay (1): Sloat Motion passes. Chapter 2. Form of Government Section 9. Vacancies in the Council Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Motion by Wiseman, second by James Roll call vote: Ayes (9): Ahlers, Betzhold, Brown, James, Johnson, Laine, Rose, Simula, Wiseman Nays (3): Harris, Sloat, Stroik Motion passes. Summary of all changes regarding recall Changes to Chapter 2 Form of Government Section 9, first hearing on July 17, 2025. “Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case.” Changes to Chapter 5 Initiative, Referendum and Recall New section, first hearing on October 17, 2024. “Section [#]. Right of Recall. The people of the City of Columbia Heights hereby reserve to themselves the right and power to remove from office at any time any or all of the elected officers of the City for malfeasance or nonfeasance in office in accordance with state law. For this purpose, the word ‘malfeasance’ means the performance of an act in their official capacity that is unlawful or wrongful, and the word ‘nonfeasance’ means the failure to act where there was a duty to act. The exercise of this power shall be designated as “the recall”.” Section 41, first hearing on January 16, 2025. “If the council shall fail to pass the proposed ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to vote of the electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three mo nths from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date soonest date that conforms with state law.” Section 44, first hearing on January 16, 2025. “In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it at the soonest date that conforms with state law.” Section 48, first hearing on January 16, 2025. “Signatures must be from eligible voters who are on active status on the Statewide Voter Registration System at the time of the petition verification.” Section 50, first hearing on January 16, 2025. “The council shall at its next meeting, by motion, provide for the holding of a special recall election not less than thirty nor more than forty-five days thereafter, provided that if any other municipal election is to occur within sixty days after such me eting, the council may in its discretion provide for the holding of the recall election at that time at the soonest date that conforms with state law.” Section 52, first hearing on July 17, 2025. “Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall A be recalled?" the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of A, if recalled." But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. a vacancy shall be declared and shall be filled as set out in Section 9 of this charter. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular muni cipal election.” New Business Adjournment Motion by Sloat, second by Betzhold. Motion passes. Next meeting October 16, 2025 @ 7pm Minutes approved October 16, 2025