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2022-10-26 MinutesRichfield Charter Commission Meeting Minutes October 26, 2022 Present: Martin Kirsch, Reed Bornholdt, Donna Drummond, David Lamberger, Ken Severson, David Gepner, Sidney Rehwaldt, Brandt Krueger, Gordon Vizecky Absent: William Bullock, Lisa Rudolph, Michael Ulmer, Michelle Dowell, Rori Coleman-Woods Guests: Chris Swanson, Management Analyst; Mary Tietjen, City Attorney The meeting was called to order by President Martin Kirsch at 7:00 pm. Old Business Minutes from the meeting of September 28, 2022, were reviewed. A motion to approve was made by Gordon Vizecky and seconded by David Lamberger to approve as written. The motion was approved. New Business Resident Memo Regarding Proposed Charter Amendments City Attorney Mary Tietjen reported on a memorandum provided at the September 28, 2022, meeting by resident Ruane Onesirosan relating to the proposed changes to certain sections of the Charter (1.03, 2.04, 9.01, 9.05-9.05, 10.04, 13.14). After reviewing the resident’s concerns, Tietjen found that none of them warranted further action by the Charter Commission. Revisions to Charter Based on Charter Commission Discussion Tietjen led discussion relating to Council concerns with some Charter Commission proposed changes and shared some of the draft language revision she proposes. Section 2.06 The Mayor The Charter Commission believes that it is important to maintain flexibility in an emergency situation and not mandate that the Mayor must have the consent of the Council before meeting with staff. Proposed clarification: “If time and circumstances allow, in the Mayor’s discretion, the Mayor will consult with the Council prior to conferring with City staff.” Side note: the Mayor continues to be bound by applicable State law. ** Charter Commissioners consensually agreed with the proposed language. Section 3.01 Council Meetings At the September 28, 2022 Charter Commission meeting, it was agreed to remove the word “reasonable” from this section pertaining to notices for Special and Emergency meetings of the Council. However, the section could be interpreted to mean that EACH member of the Council must have notice before an Emergency meeting can be called. That could be problematic depending upon the emergency circumstances. The proposed draft language keeps the original language of the Charter requiring at least 12 hours’ notice to Council members for a Special meeting and allows for notice, as practicable, for Emergency meetings. Proposed clarification: “The Mayor or any two members of the Council may call Special meetings of the Council upon at least twelve hours’ notice to each member of the Council. The Mayor or any two members of the Council may call an Emergency meeting upon notice, as practicable, to each member of Council.” ** Charter Commissioners consensually agreed with the proposed language. Vacancies/Special Elections At the September 28, 2022, the Charter Commission agreed that the references to dates in Sections 2.05, 2.06 and 5.20 will change from 180 days to 365 days. Tietjen asked for discussion as to whether the same rule should apply when a vacancy occurs as the result of a Recall or Resignation after a Recall Petition. Are there policy reasons to require a special election sooner in a Recall situation given that the voters have spoken and requested that an elected official be removed? ** Charter Commissioners consensually agreed that the proposed language should have the same dates for Recalls and Resignation after a Recall Petition. Section 6.02 Powers and Duties of City Manager. Mary introduced (via her pre- meeting memo) the language related to the Director of Public Safety and the jurisdiction of the Civil Service Commission. In that memo, she proposed striking the language relating to the "dual role" of the Police Chief and Director of Public Safety. Staff provided an update on this proposed change. They noted the current Police Chief/Director of Public Safety recommended keeping the two roles as they perform different duties and may not always be the same individual. **Charter Commissioners consensually agreed that the original language should remain in the charter. Charter Commission Recommendation to City Council City Attorney Tietjen suggested that the Charter Commission make a motion to authorize President Kirsch to execute and send a formal recommendation to the City Council to amend the City Charter by adoption of the Charter Commission’s recommended Ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Once the Council reviews the proposed changes, they will schedule a Public Hearing. Following the hearing, the Council will either vote to accept the Ordinance or take no action and return it to the Charter Commission for further work. MOTION: A motion was made by Gordon Vizecky and seconded by David Gepner that the Charter Commission accept City Attorney Tietjen’s proposal and authorize Charter Commission President Kirsch to execute and send a formal recommendation to the City Council to amend the City Charter by adoption of the Charter Commission’s recommended Ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The motion passed unanimously. MOTION: A motion was made by Gordon Vizecky and seconded by Ken Severson that City Attorney Mary Tietjen and City staff be authorized to make non-substantive clerical corrections to the approved Charter amendment package as deemed necessary prior to submitting to the City Council. The motion passed unanimously. A motion to adjourn was offered by Gordon Vizecky and seconded by Ken Severson. The meeting was adjourned at 7:42 pm. Respectfully submitted, Reed Bornholdt Secretary (Acting)