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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 ~_ ~,. 0 6700 Portland Avenue • Richfield, Minnesota 55423-2599 d 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 JH r 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 sA-a ~. 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. C ~_ 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. t r 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 sp ~ , :; - r 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 ~__ rj µ r 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 JBD:rsr RC160-001 ~/ • .. 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 ~- r , ~~ ~ ` 7300 France Avenue South • Suite 207 • Minneapolis, MN 55435 f` ~ • . Y 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 ~P~ sxs v-,KS; s•rkict ,c.rrt :a~ sr. pnuc , a-H ssw3 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 ,- ~ 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