1992-04-30 City Charter By-Laws
MINUTES FOR THE
RICHFIELD CHARTER COMMISSION MEETING
April 30, 1992
Pursuant to notice the Richfield Charter Commission met on
April 30, 1992 at 7:00 PM at the Richfield City Hall.
No roll call was taken, but ten members were present, and
thus a quorum was esatblished.
The minutes of the Jariuary.l4, 1992 meeting were approved.
The letter from City Attorney John Dean to Chairman Ticen
was discussed.. Changes were made in the City Attorney's
proposed suggestions (see enclosure}. Doebler moved,
seconded by Norquist, that the Commission's proposed changes
be recommended to the City Council. Chairman Ticen will work
with City Attorney Dean, City Manager Prosser, and the City
Council.
There are now three vacancies on the Richfield Charter
Commission. Chairman Ticen will work with staff at Richfield
City Hall to publicize these vacancies.
Commission member Matthew Little was thanked for his service
on the Charter Commission.
There being no further business to come before the meeting,
the meeting adjourned at approximately 8:20 p.m.
Respectfully submitted,
~ ~ ~
J mes P. No qui t
ecretary
PROPOSED CHANGES IN
RICHFIELD "CITY CHARTER
APPROVED BY CHARTER COMMISSION
APRIL 30. 1992
Page 1 of 5: no changes.
Page 2 of 5: Sec. 2.05. Vacancies. Subdivision 1. Existence.
1) A vacancv shall exist as of_ the date of death of
resignation of a council member.
(2) As soon as it is determined that a Council member is
ineligible because of any of the following reasons: (i) the
failure of arv person elected to the Council to qualify on
or before the date of the second regular meeting of the
^/1\111/11 1 1 Y1 ~ti1A lfA ^~M ~nl 1 /~T.1111,Y ~~.~ ..~~v. ~~ wl w..i: ~... / \ LL.
!listrict Council member ceasing to be a resident of the
district which the member represents; (iv) continuous
absence of the Council member from the City for more than 90
days; (v) conviction of a Council member of a felony whether
before or after qualification; (vi) any other reason
specified by law; or (vii) by reason of the failure of the
Council member without good cause to perform any of the
duties of a Council member for a period of 90 days the
Council shall, by resolution at a req_ular or special Council
meeting, declare a vacancy on the Council to exist.
Subd. 2. Procedure Following Vacancy.
11) If f90) days or less remain in the Council member's
term after the vacancy, the Council shall appoint to fill
the unexpired term the person elected to that office for the
term. commencing on January 1 of the next year. Such
appointment shall be made not later than-the first order of
business at the next regular Council meeting following the
filing of the declaration of the results of the election
with the City_Clerk.
2 ) If less than 180 days and more than 90 days remain in
the Council member's term of office after the vacancy the
Council shall appoint an eligible person to fill the vacancy
for the unexpired term. If the Council fails to agree upon
an appointee to fill the vacancy within 30 days after the
vacancv, the Mayor shall appoint a person to fill the
vacancy.
Page 3 of 5•
13) If 180 days or more remain in the Council member's term
of office after the vacancy, the Council shall call a
special election to fill the vacancy for the balance of the
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~,. 0 6700 Portland Avenue • Richfield, Minnesota 55423-2599
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City Manager Mayor Council
James D. Prosser Martin Kirsch William Bullock Michael Sandahl
Ivan Ludeman Kristal Stokes
August 30, 1991
Mr. Robert Doebler
Charter Commission Chair
6920 10th Avenue
Richfield, MN 55423
Subject: Amendment to City Charter Regarding Filing Dates for
Municipal Elective Office
Dear Bob:
According to our records, it appears that the Charter Commission
was not made aware of a Council request to review Section 4.04 of
the City Charter. Enclosed is a copy of a Council Letter and
Resolution approved by the City Council on July 23, 1990
requesting the Charter Commission to review and make a
recommendation regarding filing dates for municipal elective
office.
At your next meeting, please review Section 4.04 of the City
Charter and forward the Commission's recommendation to me so it
.can be placed on a City Council agenda for Council approval.
We apologize for this oversight.
If you have any questions, please contact me.
Sincerely,
l,'
J mes D. Prosser
City anager
JDP:cak
Enclosure
cc : Mayor
City Council
~Gity Clerk
The Urban Hometown
Telephone (612) 861-9700
Fax 861-9749
An Equal Opportunity Employer
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. X77
Agenda July 23, 1990
Issue Statement:
Consideration of a resolution proposing an amendment to the City
Charter regarding filing dates for municipal elective office.
Background
Minnesota Statute 205.13 Subdivision 1 states that "not more than
ten nor less than eight weeks, in the case of a City, before the
municipal primary, or before the municipal general election if
there is no municipal primary, an individual who is eligible and
desi"res to become a candidate for an office to be voted for at
the election shall file an affidavit of candidacy with the
municipal clerk."
This provision specifically overrides local charter provisions
regarding filing dates except that "the filing dates in this
subdivision do not apply to any home rule Charter City whose
charter provides for earlier filing dates."
It would be desirable to have City Charter Section 4.04 amended
as follows:
"The name of any registered voter of the city shall be printed
upon the ballot as a candidate for office whenever a petition
signed by at least ten registered voters has been filed with the
City Clerk in a candidates behalf Ret-~+e~e-~1~aA-a#gkt-Ae~-#ess
t~aA-s#x-reeks-be€ewe-the-mxA#e#ga#-g~#~a~y-a#eet#eA-elate
g~ev#ele~-#A-5eet#eA-4:8~:= within the time period provided bv_
State law for such filings
This would assure that the City's filing dates will stay .
consistent with State Statute. The City Charter was amended to
be consistent with an existing Statute in June, 1987. However,
•in August, 1987 the statute again was changed by the legislature.
In order~to remain the same as State Statute without constantly
amending the Charter, it would be preferable to reference the
Statute regarding filing dates.
Recommended Motion:
Adopt the attached resolution referring the proposed amendment to
the City Charter regarding the filing dates for municipal
elective office to the Charter Commission for review and
recommendation.
Basis for Recommendation;
1. The filing period in the Richfield City Charter is
inconsistent with the filing period provided by state law.
2. State law specifically overrides the local charter
provision.
SA- ~
3. State law has regarding filing dates has been amended
several times recently, therefore, it is desirable to
reference the statute to remain consistent with the most
recent statutes.
Alternative Recommendation:
1. The City Council could decide not to refer the proposed
Charter amendment to the Charter Commission for review and
allow the Charter to remain unchanged.
2. The City Council could propose alternative filing dates
earlier than those stated in the statutes.
Discussion/Decision Mode:
This matter has been scheduled for consideration on July 23,
1990. Action is requested to allow for Charter Commission review
and City Council consideration of the proposed amendment.
Respe ully submitted,
James D. Prosser
City manager
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RESOLUTION N0.
A RESOLUTION PROPOSING AN AMENDMENT
TO THE CITY CHARTER
WHEREAS, the Richfield City Code. provides in Section 4.04
for the filing of nomination petitions for municipal elective
offices not more than eight nor less than six weeks before the
municipal primary election; and
WHEREAS, Section 205.13, subd. l of Minnesota Statutes
provides for the filing of affidavits of candidacy for municipal
offices not more than ten nor less than eight weeks before the
municipal primary; and
WHEREAS, the filing period in the Richfield Code is
inconsistent with the filing period provided for by state law;
and
WHEREAS, statute overrides local charter provisions
regarding filing dates except when a home rule charter city
provides for earlier filing dates;
WHEREAS, the Richfield City Council finds that it is in the
interest of the City to conduct its elections in conjunction with
county, state, and federal elections and be consistent with the
Minnesota State Election Laws;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
1. That the following proposed amendment to the City
Charter be referred to the Charter Commission for review and
recommendation:
Section 4.04 Nominations by Petition. All candidates for
elective office provided for by this charter shall be nominated
•by petition. The name of any registered voter of the City shall
be printed upon the ballot as a candidate for an office whenever
a petition signed by at least ten registered voters has been
filed with the City Clerk in a candidates behalf Ret-~e~e-~l~aA
e#gk~-AeF-less-~~aA-s#x-weeks-befe~e-tl~e-~t~A#e#ga#-gf#~aFy
e#eet#eA-date-gfev#eled-#A-6ee~#eA-4TAgT within the time~eriod
provided by State law for such filings No registered voter
shall sign petitions for more candidates for any office than the
number of persons to be chosen for that office at the election;
should a signer do so, the signer's•signature shall be void as to
the petition or petitions last filed. Each petition presented
shall be accompanied by a five dollar (55.00) filing fee.
2. That if the Charter Commission recommends approval of
the proposed amendment, the Council requests that the Charter
Commission further recommend that the Council enact the proposed
Charter amendment by ordinance.
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BY-LAWS OF THE RICHFIELD CHARTER COMMISSION
Section 1. Meetings
'~. Meetings shall_be held at the Richfield City Hall, or such
other place as shall be designated by the president.
2: The annual meeting shall be held on the second Tuesday in
each January.
3. Special meetings shall be held at such. time as may be set by
the president, or on request in writing by five (5) members
of the commission. When the president shall receive written
notice of a request for such meeting, signed by five (5)
members, he shall within ten (10) days call a special meeting.
4. All meetings of the Charter Commission shall be open to the
_public.
Section 2. Officers
1. The officers shall be: President, vice-president, and
secretary-treasurer.
2. The officers shall be elected for one (1) year.
Section 3. Duties of Officers
1. The president shall preside. at all annual and special meetings
of the full commission .
2. The president shall call all meetings.
3. The president shall be an ex-officio member of all committees.
4. The president shall see that notices of all vacancies which
occur on the Charter Commission shall be sent to all members
within ten (10) days of notice of such vacancies. All vacancies
on the Charter Commission shall be widely publicized throughout
the community.
5. The vice-president shall preside over all annual and special
meetings of the full commission in the absence of or dis-
qualification of the president. In case of vacancy in the
off ice of the president, the vice-president shall assume all
duties and obligations of the president until a successor is
duly elected and qualified.
6. The'secretary-treasurer shall keep general supervision over
the records, proceedings, and monies spent, shall take minutes
of any and all meetings, shall prepare and distribute minutes
of all meetings to all members w3~hin two weeks of the meeting,
shall issue notices of all meetings and shall conduct corres-
pondence of the organization.
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Section 4. Committees
1. The president shall, in consultation with his executive
committee, appoint all committees and the members thereof,
except the nominating committee, and shall designate the
chairman of each such committee. The executive committee
for this purpose shall consist of the duly elected officers
of the commission.
2. In November of each year preceding the election, the commission
shall elect a nominating committee of three (3) members who
shall report the nomination of one (1) candidate for each office.
Written reports of such nominations shall be mailed to each
member at least twenty (20) days before the annual election.
3. Nominations from the floor shall be in order at any election.
Section 5. Order of Business
The order of business shall be:
~1. Call to order by president.
2. Roll call-quorum being present,
3. Reading of minutes by .secretary
and approval.
4 . Report of officers .
5 . Report of committees .
6. Consideration of communications.
7. Unf finished business.
8. New business.
9. Motion to adjourn.
the meeting proceeds.
and their consideration
All meetings shall be governed by authority of Roberts Rules of Order,
revised, and by state statutes pertaining to charter commissions.
Section 6. Quorum
1. Eight (8) members shall constitute a quorum.
2. A. majority of the members present at any meeting shall be
competent to decide any matter except a resolution to amend
the city charter. Charter amendment must be carried by a vote
of no less than eight (8). If a resolution to amend receives
a vote of the majority of those present, but less than eight
(8), it shall be carried over and reconsidered at the next
meeting.
3. Any vote involving a charter amendment or change must be made '
by roll call vote.
4. Any proposed amendment to the charter shall be in written form
and'shall be sent to members at least seven (7) days preceding
the meeting at which it is to be considered. Any language to be
deleted shall be dashed over, and anyllanguage to be added shall
be in brackets.
e
As amended April 26, 1977
As amended January 9, 1980
As amended May 7, 1980
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 24, 1991
Council Memorandum No. 59
The Honorable Mayor
and __ _
Members of the City Council _----
City of Richfield
Subject: Charter Commission Meeting and Correspondence
Council Members:
A special meeting of the Charter Commission was held on May 22.
The meeting was called by a petition of five members of the
Commission. The purpose of the meeting was to discuss the
schedule for election to fill the Council seats of appointed
Council Members.
Bob Doebler, Chair of the Commission, asked John Dean for
clarification regarding the election process. A copy of the
correspondence to Mr. Doebler clarifying this issue is provided.
Mr. Doebler reported that the Charter Commission accepted the
opinion of the City Attorney at their May 22 meeting. Mr. _: °-
C Doebler also reported that the Commission
that the Council direct the City Attorney
from the Attorney General's office on the
__ ___ _ __ election of appointed Council Members and
_.
The formal request will be forwarded to tl
- If any Council Members have any questions
contact Bob Doebler or me.
did vote to recommend
to seek a clarification
requirements for -_
their terms of office.
ne Council upon receipt:
on-this matter, please:
Respectfully submitted,
Jame ~' Prosser
Cit anager
JDP:ds
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AUorneys at (.aw
Roel:RT A. ALSOP
PAI~t. D. BAF.RTSCIII
C VAI.U fi. BATTY
.Rl' J. BRENDF.N
$TEPIIEN J. BURIN.
ROBERT C. CART SUN
CHRISTINE M. CIIALE
JDIIN B. DEAN
MARL' G. DOBBINS
JEFFREY ENG
STEFANIF. N. GAI.F.Y
DAVID L. CRAVEN
CORRINF. A. FIF.INE
JAMES S. IIOI.MES
DAVID J. KF.NNF.DY
JUAN R. CARSON
WELLINGTON N. LAW
HOLMES & GRAVEN
CHARTERED
170 Pillsbury Center, Minneapolis, Minnesols SSIOI
(612) 337-9300 JULIE. A. I.AWLF.R
CIIARI.F.S 1.. I.F.FF.VERF.
Facsimile (612) 337-9310 JDIIN M. I.EFF.VRE,JR.
i ROBERT J. LINDALI.
LAURA K. MDI.I.F.T
DANIEL R. NF.I.SON
BARBARAL.PORTWOOD
WRITER'S DIRECT DIAI. MARS' FRANCESSKALA
JAMES M. STRDMMEN
STEVEN M.TALLEN
JAMES J. TIIOMSDN,JR.
337-9207 I.ARRI' At. N'-:RIIIEIM
BONNIE I.. N'l1.KINS
ItF fOUNSF.I.
RIt61':RT L. I)M`IDSON
JOAN G. HDESCHLER
May 20, 1991
Mr. Robert Doebler
Chair, Richfield Charter Commission
6700 Portland Ave. S.
Richfield, MN 55423
Re: Appointment Following Council Member Resignation
Dear Bob:
On December 1, 1990, the Council declared a council vacancy for the Third Ward based
upon the resignation of Edwina Garcia, resulting from her election to the Minnesota House
of Representatives. On or about January 2, 1991, a vacancy was declared for the First
Ward upon resignation of Martin Kirsch, resulting from his election to the position of
Mayor of Richfield. In both instances, the Council has appointed individuals to fill the
vacancies.
Based upon the foregoing facts, you have asked whether the Council should have followed
the procedure provided for in Section 5.20 of the Charter. The answer is no.
Section 5.2U of the Charter deals with the situation in which a resignatior. has been made
after a recall petition for that position has been filed. No recall petition had been filed
with respect to either the Ward One or Ward Three council position. Consequently, the
provisions of Section 5.20 are simply not applicable.
The appointments were mad
Charter. This section is the
resignations described above.
Respectf ully~{ yours,
. lam.-~-~
n B. Dean
e in accordance with the provisions of Section 2.05 of the
provision of the Charter which is applicable to both of the
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RC160-001
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Minnesota State Thomas E.Ticen
Representative Hennepin County
LAW OFFICE, LTD. Commissioner
(1967-1972) (1972-1979)
ATTORNEY AT LAW
(612) 831-5090 Mayor .___-_•
Council ~~; ;:
July 3 , 19 91 Atty ~omr;,. ;;, -_~
y~'Cle-k ~ Pub. Saiecy ,,,....._
Mr. Bob Doebler
President
Richfield Charter Commission
6920 -10th Avenue South
Richfield, MN. 55423
Dear Bob:
Reference is made to the actions which were taken by the Charter
Commission at its meeting on May 22,-1991. It was my understanding,
and I'm sure it was the understanding of all the other members that
are on the Commission that you were to inform the City Council of
our actions at that meeting..
I am in receipt of a letter from the city manager indicating that
the city had not received the minutes of the charter commission
meeting of May 22, which is true, that while the manager had com-
muticated the essence of the meeting, the city council apparently
wants a formal communication from the charter commission regarding
the matter.
I am enclosing the minutes that I have prepared to reflect our action
and it might not be a bad idea for us to put our heads together as to
how we are going to officially inform the city council of the action
taken.
A copy of this 1 er has been
Manager.
Very t y yours,-
THOMA ~. TICEN
Secretary
Richfield Charter Commission
furnished to Mr. James D. Prosser, City
TET:gj
cc:file
Mr. James D. Prosser, City Manager
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` 7300 France Avenue South • Suite 207 • Minneapolis, MN 55435
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MINUTES
RICHFIELD CHARTER COMMISSION
MAY 22, 1991
The RICHFIELD CHARTER COMMISSION met at 7:30 p.m. on Wednesday,
May 22, 1991, at the Richfield City Hall. The following members
were present:
NANCY LINDBERG
RICHARD STARLEAF
JIM NORQUIST
TOM TICEN
SWEDE CARSON
TOM TJORNHOM
RUSS KENNEDY
ALLAN PETERSEN
INGAR PALM
BOB DOEBLER
MARGARET SEVERE
SHIRLEY JOHNSON
BARBARA LEWIS (excused) IMOGENE MABONE
W. MATTHEW LITTLE
Upon motion duly made and seconded the Minutes of April 16, 1991
meeting were approved.
Upon motion duly made and seconded and all voting yea
the Richfield Charter Commission respectfully request
City Council direct its attorney to obtain an opinion
General, within thirty days (30), as to the length of
(2) council persons recently appointed by the council
must be held for Wards 1 and 3.
it was resolved
that the Richfield
of the Attorney
term for the two
and when elections
Upon motion duly made and seconded, it was resolved that the Richfield
Charter Commission attempt to seek the services of~an attorney to assist
it in its work and that the President of the Richfield Charter Commission
appoint a committee of three (3) persons, including himself, to conduct
the search for such an attorney.
There being no further business to come before the commission the meeting
was adjourned.
Respec~t~fully submitted,
THOI-1Lb;S- E. TICEN
Secretary
:• 71
HUBERT H. HL,~iP'HREY, III
ATlY)YNLY GtIiISUL
.~Ohn B. Dean
Richfield Cary Attorney
Holmes & Graven
470 Pillsbury Center
Minneapolis, mN 55402
Dear Mr. Dean:
STATE OF MINNESOTA
OF'F'ICE OF THE ATTORNEY GENERAL
July 10, 1991
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TL:.LPH6!~Ii: (dl;, .H7.tp:U
In your recent letter to Attorney General Humpluey, III, you request our opinion
concerning the ~lii.ag of a vacancy on the Lichfield City Council. I regret that we are not is
a position to render an opinion in response to your request. lit appears that resolution of
the issue presented depends entirely upon construction of the l~ichfield City Charter.l
For the reasons set forth in Op. Atty: Gen. 629a, May 9, 1975 (copy enclosed}, we do
not generally undertake to render opinions concerning the proper interpretation of city
charters. Y regret that we are unable to be of assistance to you on this occasion.
`Tery trul yours,
_~.-- ~
E. RASCHKE, JR
Assistant Attorney General
(612)297-1341
~R/gPP
Enclosure
The only statute to which you refer is Minn. Stat. ~ 205.07 which would seem to have
no application since it is addressed to statutory cities only. Provisions for adoption of
a "uniform municipal election day" by home rule cities which unaccountably differs
from the one specified for statutory cities is made in Blinn. Stat. S 205.20 (1990).
Equal Opportunity Employer
Print®d on R~cyclod
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Mayor / Adm. Svc. --
HOLMES & GRAVEN / Comm. Dev. -
CHARTERED COUi1CII --~~
AttunKy:.I L.» Comm. Svc.
ITt Pillsbury Center. Minne.polis, Ninnesou SSI~}'
RotERT A. AL10P 1(112-JJT•9300
PAl L D. sAERTACHI ~IQ. Dir. JL etr~fAwLER
RO\AI.D H. CATTY F.edmile1112-337•gJ10 GNP CHARLES L. I.EFEYERE
NARY J.lRENDE• / Pub. Saie~,,tLOK3.b•~.EFEVRE.JR.
STEPHE• J. dl a L Clerk NOtERT J. LI\DALf.
ROtERT f. CARLIO\ LAl RA K. NOLLET
CHRISTINE M. CHALE DA\IEI. R. VEL50\
JOH\ d. DEA\ WRITER'S DIRECT DIAI. tARtARAL.PORTYYOOD
NARY G. DOttINS MARY FRANCEI SKAL ~
JEFFREY ENG JAME5 N. STRO~tNE\
STEFANIE ~. GALEY 5TEYEN M. TALLE\
DAVID L. GRAY E\ 337-92 07 JAME5 J. TIIO.M50\, JR.
CORRINE A. HEINE LARRY M. WERTHEIM
JAME5 S. HOLMES tONNIE L. WILKI\5
DAVID J. KENNEDY
JOH\ R. LAR5O\ OF COl \SEI_
NELLI\GTO\ H. LAN ROtERT L. DAVIDtiU\
JOH\ G. HOES(~HI.ER
July 1, 1991
Honorable Hubert H. Humphrey, III
Attorney General
102 Capitol Building
Aurora Avenue
St. Paul, MN 55155
Dear Attorney General Humphrey:
This firm represents the City of Richfield as its city attorney. lin that connection, we
have been directed to seek your opinion based upon the following facts.
The City of Richfield is a home rule charter city. A copy of its city charter is enclosed
with this letter. Excerpts from the charter will be quoted in the body of this letter. On
November 26, 1990, a member of the counsel who represented the third ward of the city
resigned. Subsequently, the resignation was accepted, a vacancy on the council was
declared and the council appointed an individual to ffll the vacancy. All of those actions
were in conformance with Section 2.05 of the charter which reads as follows:
Section 2.05. Vacancies in the Council. A vacancy in the
Councfl shall be acme to exist in ease of the faflure 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, removal from the City,
continuous absence from the City for more than three months, or
conviction of a felony of any such person whether before or after
qualification, or by reason of the faflure of any Council member
without good cause to perform any of the duties of membership in
the Counefl for a period of three months. In each such ease the
Council shall by resolution declare a vacancy to exist and shall
forthwith appoint an eligible person to fill the same untfl the next
regular municipal election, when the office shall be filled for the
unexpired term. If the Councfl shall be unable to agree on an
appointee to ffll the vacancy within thirty (30) days, the Mayor
'shall appoint a person to fill such vacancy. (Bill 1990-13) 09-10-90