1996-02-29 MinutesV
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RICHFIELA CHARTER C(IMMISSIUN MIN U1'ES
• February 29, 1996
Present: .Jane Hendrickson, Tom '1'icen, Winthrop Zocher, Shirley Johnson; Clordon Anderson, Nancy
T.indnerg, Joc Noti~ak, Russell I~enz~edy,inger Palm, Bob Docblcr and Annette Mazgarit
lrxcused: Thomas Tjornhom and Itichazd Starleaf
The Charter Commission met wit11 City Attorney L'orrinc '! homson. Ms. ~1'homson reviewed the change
to Section 2.05 of the C-ltarter previously proposed by the Charlex Commission. Ms. Thomson had
rendered an opinion for Mr. Prosser in a February 5, 1996 letter. Ms. Thomson reviel~red her letter and
discussed her concerns about the originally proposed Sc:ctioti 2.U5 as not providing a Council member
aclecluale ciu~ prc~ccss and that she believed it violated the Constitution. by not requiring a finding of
nonfeasance.
'1'hc C:on~zxxission discussed. alternate changes to Section 2.05 which would be mare likely to pass
Constitutional tests. Clordon Anderson proposed language whereby {viii) would be added to Section
2.U5{2) reading as t'c~llows:
"l~ailurc of a Gotmcil member to attend six regular council meetings during asix.-month period
which would constitute non~Eeasance in erl~ice."
. The motion was seconded by Annette Margarit and the Commission discussed the motion.
A roll call vote on the motion was taken with the following result:
Commission members voting yes: Joc Novak, Nancy .T..indberg, ~l'om 'l~iccn, Jane
Hendrickson, Inger Palzx~, Robert Uoebler; Clordon
Anderson, Winthrop Zocher, Annette Margarit, Shirley.
Johnson.
Commission members voting no: Russell ltenncdy
Robert Uoebler raved and it was seconded to rernc}ve the phra.5~: "as determined by the C;ouracil" which
had previously been addccl in tZre original proposed changed Section 2.05(2){vir~. The mntinn was
unanimously approved.
The proposed changes as adopted are shown on I/xhibit "A" attached hereto.
The Commission adopted the January 9; 1996 nunutcs as amended by Annette Margarit to reflect that
Robert Doebler, Thomas Tjornlu~m, Tom Ticen and 17orothy F~nlstrc~m were excused from that meeting.
The C:~mmission adjourned at approximately 8:U5 p.m.
• Respectfully submitted,
Annette M. Margaril
Seeretarv
~: w ,
. E~IIBIT "A."
Section 2.45, Vacancies. Subdivision I. Existence,
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(2) As soon as it is determined that a Council Member is ineligible bccausc of
any of the following reasons: {i} the failure of any person elected to the Council to
qualify on or before the date ~ of the second regular meeting of the Council, in the year
following the year of electior-; {ii} the Council Member ceasing to be a resident of the
City; (iii} a district Council Member ceasing to be a resident of the district which the
membex• represents; (iv) continuous absence of the Council Member from the City for
more than 94 days; {v} conviction of a Council Member of a felony whether before or
after qualification; (vi) any other reason specified by law except those reasons specified
in para~aph {i} of this subdivision; .~. (vii) by reason of the failure of the Council
\riember without good cause to perform any of the duties of a Council Member for a
period of 90 days; or viii} failure of a Council Member to attend six reaulas• Council
aneetinas during a six~month criod which would constitute non-feasance in office, the
Council shall, by resolution at a regular or special Council meering, declare vacancy on
the Council to exist.