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HomeMy WebLinkAbout07-17-2025 Charter Commission Packet ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person. For questions, please call the Administration Department at 763-706-3610. Call to Order Roll Call/Status of Membership 1. Reappointment of Commissioner Harris Approval of Agenda Approval of Minutes 2. Approval of April 10, 2024 Meeting Minutes Correspondence Old Business 3. Changes to Recall elections, vacancies New Business Adjournment Please email President Laine at carolynlaine@gmail.com if you cannot attend. Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. CHARTER COMMISSION Columbia Heights City Hall, 3989 Central Ave NE, Shared Vision Thursday, July 17, 2025 7:00 PM AGENDA Call to Order Roll Call/Status of Membership Members present: Matt Abel, Kathy Ahlers, Wolid Ahmed, Larry Betzhold, Ben Harris, Bill Hugo, Leo James, Veronica Johnson, Carolyn Laine, Julie Rose, Frost Simula, Marsha Stroik, Susan Wiseman Members absent: Excused: Gregory Sloat Unexcused: Christine Brown Also Present: Council Liaison Justice Spriggs, City Attorney Scott Lepak Approval of Agenda Motion by Abel to approve as amended, second by Wiseman. Motion passes. 1. Approval of January 16, 2025 Meeting Minutes Correction: Christine Brown was absent. Motion to approve as amended by Abel, Second by Betzhold. Motion passes. Correspondence Old Business 2. Changes to Recall elections Sections 47-52 Section 52. Form of Recall Ballot. President Laine pointed out that there is a tabled motion to adopt language from Makato’s charter which provides for both a recall and a replacement to occur in the same election. President Laine also pointed out that most charters define a recall occurring in one election and a replacement occurring in a separate, special election. Motion by Harris, second by Johnson to remove from the table the motion to adopt language from Mankato’s charter to add “and shall be ineligible under any circumstances to hold the office from which they were recalled until the next general election for such office.” Roll call vote: Ayes(5): James, Rose, Simula, Stroik, Wiseman Nays(8): Abel, Ahlers, Ahmed, Betzhold, Harris, Hugo, Johnson, Laine Motion fails. CHARTER COMMISSION Columbia Heights City Hall, 3989 Central Ave NE, Shared Vision Thursday, April 10, 2025 7:00 PM DRAFT MINUTES New Business Summary 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 months 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 meeting, 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.” ADJOURNMENT Motion: Abel, second by Johnson. Motion passes. Meeting adjourned at 7:56pm. Next meeting is July 17, 2025 at 7pm. From Matt Abel – July 6, 2025 I have some concerns with the wording of Section 52, “Form of Recall Ballot”. Specifically the language indicating that the same ballot is used for the recall vote and for filling the vacancy on the Council if needed. The concerns I have with the wording of Section 52 are different and completely separate from the discussion we have been having regarding “write in” votes on a recall ballot. These two items should be discussed and voted on separately as needed. Combining the two issues seems to be creating confusion and complicates voting for or against either issue as you may feel appropriate. The language that I think is problematic comes from 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." “. If a recall is successful, it causes a vacancy in the Council as noted in Section 9. VACANCIES IN THE COUNCIL. “A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office,” This is followed by everything the Council is required to do in to fill the vacancy. The last sentence of section 9 must also be included in this discussion. It reads as follows; “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. Is there anything contrary in the method provided in sections 50, 51 and 52 to “herein” section 9? I believe so. Section 51 states that “Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections.” If we are to follow the usual procedure in municipal elections, then we need to post the anticipated vacancy, give people time to file for the position, and potentially hold a primary election if there are more than two candidates for the position as laid out in section 28a, and this could run afoul of the timeline set forth in section 50 for a recall election if there are to be names on the ballot to vote for to replace the recalled Council Member. Therefore it is my opinion and my motion that Section 52 should be amended to read as follows: “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 recall.” 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 in the Council and the procedures for filling a vacancy in the Council shall be followed 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 the ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. (Ordinance No. 1086, passed June 11, 1984) Motion to fill vacancy the usual way: I appreciate Matt Abel’s laying out the concern we have with trying to elect a new council member on the same ballot as the recall election. We have already addressed state law requirements, regarding the holding of any elections for council members, by changing the wording for the specific timing of elections in the Recall section to such as “at the soonest date that conforms with state laws.” Therefore, we are aware that it is legally impossible to meet the intention of our current Charter language to have a recall election quickly, in which not only a “yes/no” vote is taken but a new council member is also elected. When we realize we need to let go of the idea of quickly electing someone new, we have the opportunity to consider how quickly filling the seat might best be undertaken, perhaps by appointment. Matt offers these words in his motion to change the language of Section 52: “a vacancy shall be declared in the Council and the procedures for filling a vacancy in the Council shall be followed as set out in Section 9 of this Charter.” The process defined in Chapter 2, Section 9 requires the Council to fill a vacancy by following a timeline to appoint a person to fill the vacant seat. That person will then run for election in the next municipal election, which includes a primary. This makes the Recall Ballot language much simpler – there is no need for any election along with the recall. Because Matt keeps other wording from the current Charter language in this motion, we may need to discuss further his motion for greater clarity. (For instance, “notwithstanding anything to the contrary herein” means the recall language does not need to follow the Section 9 process.) I suggest for your consideration this motion to change the language in Section 52, using the intention of Matt’s wording and dropping the then unnecessary current language: 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 recall.” 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 Chapter. 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 the ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. Sometimes it is easier to just see the end result without the cross-outs and additions: 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. 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 a vacancy shall be declared and shall be filled as set out in Section 9 of this Chapter. Also, included in this motion, we would remove the then unnecessary language at the end of Chapter 2, Section 9: “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.” --------------------------------------------------------------- Because this focus on Chapter 2, Section 9 reminds me of unfinished business regarding “Vacancies in the Council,” I will propose we look again at work we did in 2022 to shorten the timeline for appointments. Our experience has suggested the timeline is unnecessarily lengthy, leaving the Council with only 4 votes for at least 3 months. Starting before 2022, we had many discussions and developed the attached proposal cutting that time in half. With nearly unanimous agreement in our two hearings, we sent our recommendation to the Council. At that time, there was not a unanimous Council vote, and it was sent back to us. I will move we do it again. See attached motion.