1996-04-15 MinutesRICHFIELD CHARTER Cp1VIMISSi'UN 1VIiNUTES
• APRIL l5, 1996
Present: Gordon Anderson, Robert M. Doebler, Jane Hendrickson, Gordon
Herrbaldt, Dorothy Halstsom, Shirley Jahnsan, Russell Kennedy, Nancy
Lindberg, Annette Margarit, Jae Novak, Inger Palm, Richard Starleaf,
Thomas E. Ticen, Thomas l~. Tjornhorn and Winthrop Zacher.
President Shirley Johnson called the meeting to order, President Johnson opened
discussion coticenung the proposed Charter Amendment and noted that the City Council
ha.ci proposed a change to the arnez~dment to Section-2.05 that had been adopted by the
Charter Commission at its February 29; 1996, meeting concerning a Councilmcmber
Trussing six regular Council meetings during asix-month period. The City Council's
proposed amendment reads in pertinent part:
"(viii} Failure of a Catancilmember to attend six regular Council meetings
during asix-month period under circumstances that constitute nonfeasance
in office * * *." (underlined language is the City Council's proposed
change) -~
There was discussion over the difference between the City Council's version and the
version previously proposed by ttte Charter Conzniissian whereby (1) the Council's
aznendrnent would permit the Council to determine whether a Cotuicilrnernber's six
absences would constitute nonfeasance primarily depending. on the reason far the absence
offered by tlYe Cauncilmember and (2} the Charter Commission's amendment declaruZg
six absences wldun a six-month period would constitute nonfeasance regardless of the
reason the Councilmember missed any of the meetings. President Jahnsan indicated that
the City At~:orney's office had requested an opuuon as to the legality of the Charter
Commission's proposed amendment froth the Attoniey General's office acid also noted
there was a tttiY'd passibility for an administrative law judge to make the decision on
nonfeasance.
President Johnson distributed "Exhibit A" which is attached hereto far the Charter
Commission's consideration. Anderson moved to adapt the Exhibit A presented by
President Johnson and this motion was seconded by Ticen. There was discussion about
Exhibit A and finally a vote was taken with results of 14 for adoption of Exhibit A and 1
against.
•
EXHIBIT "A"
Section 2.05. Vacancies. Subdivision 1. Exis~ fence.
(2) As soon as it is determined t ~ '
~..;.. '" hose el 7 7 i 7~ ,~..i~.~_l. ~ ^T~ '"-"'rt_____
~ ~' that a Council Member is ineligible
hecause of any of the following reasons: {i} the. failure oi: any person elected
to the Council to qualify on or before the date of the second regular rneetin of
g
the Council in the year following tf7e year of election; (ii} the council Member
ceasiny t~a be a resident of the City; {iii} a district Council Member ceasing to
be a resident of the district which the member represents; {ivy continuous ab-
scnce of the Council Member from the City for more that 90 days; (v~ con~ictian
of ~~ Council. Member of a felony whether before or after qualification; (vi an
} y
other mason specified b.y law .except those reasons specified in paragraph {1} of
this subdivision; (vii} by reason of the failure of the Council Member without
~;~ yood cause to perform the duties of a Council Member for a period of 90 days;
~vii,i) failure of a (:ouncil Member to attend s7x_ regular Council. meetin s Burin
._
a s_ix-month eriod which would constitute non-feasance in office, the Council shall,
by resolution at gu,l r or special Council meeting, declare vaca c
v n y on the
Council to exist.