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HomeMy WebLinkAbout2020/12/29 - ADMIN - Agenda Packets - Charter Commission - RegularAGENDA CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA December 29, 2020 5:00 p.m. – WebEx Virtual Meeting The mission of the Charter Commission is to evaluate and propose changes which are warranted in the city’s Home Rule Charter as provided by state statute. Home rule charters are, in effect local constitutions passed by local voters and cannot conflict with state laws. Commissioners are appointed by the Chief Judge of Hennepin County District Court and serve on a volunteer basis. (Commissioners are not appointed by city council.) Staff help prepare agendas and perform other administrative duties. All meetings of the St. Louis Park Charter Commission will be conducted by telephone or other electronic means until further notice. This is in accordance with a local emergency declaration issued by the city council, in response to the coronavirus (COVID-19) pandemic and Gov. Walz's “Stay Safe MN” executive order 20-056. All members of the St. Louis Park Charter Commission will participate in the December 29, 2020 meeting by electronic device or telephone rather than by being personally present at the Charter Commissions regular meeting place at 5005 Minnetonka Blvd. Members of the public can monitor this meeting by calling +1-312-535-8110 access code: 372 106 61 for listen only audio. Cisco Webex will be used to conduct videoconference meetings of the Charter Commission, with commissioners and staff participating from multiple locations. 1.Call to Order 2.Roll Call & Attendance 3.Approval of Minutes a.September 12, 2019 Charter Commission Meeting 4.Old Business 5.New Business a.Proposed Annual Report for District Court – Year 2019 b.Election of Officers c.Legislative Update – Verbal d.Proposed review of Home Rule Charter section(s) 2.09. Interference with Administration, 12.01. Declaration of Policy, 12.18. Personal Financial Conflicts of Public Officials, and 12.19. Financial Conflicts of Associates of Public Officials; Contracts and Transactions Voidable 6.Future Meetings 7.Communications 8.Adjourn For more information or questions regarding this agenda, please contact Melissa Kennedy at mkennedy@stlouispark.org or Chair Sara Maaske at smaaske@outlook.com Auxiliary aids for individuals with disabilities are available upon request. Please call Administrative Services at 952-924-2525 for information. UNOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA September 12, 2019 6:00 p.m. – St. Louis Park City Hall, Community Room 1. Call to Order Chair Maaske called the meeting to order at 6:00 p.m. 2. Roll Call and Attendance Members Present: JC Beckstrand, Jim Brimeyer, Gary Carlson, Lynne Carper, Jim de Lambert, Terry Dwyer, David Dyer, Andrew Rose, Sara Maaske, Erin Smith, and Henry Solmer. Members Absent: Others Present: Melissa Kennedy (City Clerk), Nancy Deno (Deputy City Manager/HR Director) Approval of Minutes a. Minutes of April 25, 2019 Charter Commission Meeting It was moved by Commissioner Brimeyer, seconded by Commissioner Dwyer, to approve the minutes of April 25, 2019 as presented. The motion passed 10-0. Commissioner Carper abstained. 4. Old Business a. Presentation – Update on Charter review process and discussion of next steps Ms. Kennedy updated the commission on the first phase of the charter review process. She stated the city attorney’s office completed their review of the charter for legal inconsistencies and recommended two changes, one in section 3.01 and one in section 11.03. She noted updates were also suggested in several sections to bring the charter up to date with gender- neutral language. She identified the options for gender-neutral language and asked the commission to indicate their preference. Commissioner Carper suggested moving forward with the proposed changes and asking the city attorney to further review all sections beyond legal inconsistencies and identify any sections that used outdated language or that no longer reflect current or recommended practice. Commissioner Brimeyer stated he would also like the attorney to complete a review of all sections and provide recommendations on specific changes for the commission to consider updating language to reflect current practice. He noted he was fine moving forward with the changes proposed and suggested option 1 for the gender-neutral language. Commissioner Beckstrand concurred with Commissioners Carper and Brimeyer and suggested that the commission could consider their own review process after receiving the recommendations from the city attorney. He stated he preferred option 1 for gender-neutral language and would also support moving forward with the changes proposed. Charter Commission Minutes -2- September 12, 2019 Commissioner Solmer stated he was in favor of option 1 for gender-neutral language. He noted he would be in favor of the commission undertaking further review of the charter and considering updates, including additional review of the possibility of enacting multi-seat elections for city council. It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to send the proposed updates to the Home Rule Charter to the city council for consideration. The motion passed 11-0. 5. New Business 6. Future Meetings The commission asked staff to coordinate a meeting of the commission in April 2020. 7. Communications Commissioner Dyer provided an update on the changes to the former Telecommunications Advisory Commission. He stated the commission’s name would be changed to Community Technology Advisory Commission (CTAC) to reflect a changing, broader scope of business the commission intended to undertake. He noted several outreach opportunities and encouraged commissioners to participate to help CTAC understand issues that were important to the community and how the application of technology could improve city services or the quality of life in St. Louis Park. 8. Adjournment It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to adjourn the meeting. The motion passed 11-0. The meeting adjourned at 6:45 p.m. Respectfully submitted by: Melissa Kennedy, City Clerk ST. LOUIS PARK CHARTER COMMISSION ANNUAL REPORT Calendar Year Ending December 31, 2019 The St. Louis Park Charter Commission is active and met two times in 2019. The Commission approved one amendment to the Charter as outlined below. Charter Amendments On September 12, 2019 the Charter Commission approved a recommendation to amend the St. Louis Park Home Rule Charter by making minor language changes to sections 3.01 and 11.03 to address identified legal inconsistencies. The recommended amendment also includes minor changes to sections 2.05, 12.02 (2), 12.18 (a), 12.18 (b), 12.19, and 12.20 to implement the use of gender-neutral language. Charter Review The Charter Commission held elections for officers at its annual meeting on April 25, 2019. Commissioner Sara Maaske was elected to the position of Chair, Commissioner David Dyer, was elected to the position of Vice Chair, and Commissioner Terry Dwyer was elected to the position of Secretary. Respectfully Submitted: Sara Maaske, Chair Melissa Kennedy, City Clerk 5911 Oxford St., Apt. 9 City of St. Louis Park St. Louis Park MN 55416 5005 Minnetonka Blvd 612-747-1599 St. Louis Park MN 55416 952-928-2840 Charter Commission Meeting Date: December 29, 2020 Agenda Item: 5d Executive summary Title: Proposed review and discussion of Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 Recommended action: This item was placed on the agenda at the request of Commissioner Beckstrand to discuss these sections, the process(es) by which they are investigated and the language within the charter that may enhance city governance. Policy consideration: Does the Charter Commission want to further review and discuss Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 as proposed? Summary: Commissioner Beckstrand requested this item be added to the agenda for consideration by the commission. He would like a discussion on these matters, the process(es) by which they are investigated and the language within the charter. Next steps: To be determined by the Charter Commission. Strategic priority consideration: Not applicable. Supporting documents: Section 2.09. Interference with administration. Section 12.01. Declaration of policy. Section 12.18. Personal financial conflicts of public officials. Section 12.19. Financial conflicts of associates of public officials; contracts and transactions voidable. Prepared by: Melissa Kennedy, city clerk Charter Commission Meeting of September 12, 2019 (Item No. 4a.) Page 2 Subject: Update on charter review process and discussion of next steps Section 2.09. Interference with administration. Except for the purpose of inquiry, the council and its members shall deal with and control the administrative services solely through the city manager, and neither the council nor any member thereof shall give orders to any of the administrative personnel of the city, other than the city manager, either publicly or privately. If this section is violated by any member of the city council, such violation shall result in the public censure by the council of the offending party, and may, in addition, result in the imposition of a civil penalty to be paid to the city in an amount equal to one (1) month's compensation payable by the city to such member. The determination whether any violation of the provisions of this section has occurred shall be made by the council upon its own inquiry and by a two-thirds (2/3) majority of all of the councilmembers except the councilmember or members being charged with the violation. Section 12.01. Declaration of policy. The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain, and that the public has confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics for all public officials. The purpose of this code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such officials of private financial or other interests in matters affecting the city. The provisions and purpose of this code and such rules and r egulations as may be established are hereby declared to be in the best interests of the City of St. Louis Park. Section 12.18. Personal financial conflicts of public officials. (a) Contracts void. Except for any contract permitted by M.S.A. § 471.88, any public official who is authorized to take part in any manner in making a sale, lease or contract in his/her official capacity shall have no personal financial interest in that sale, lease or contract or personally benefit financially therefrom unless the effect on the public official's personal financial interest is no greater than on any other person and/or property similarly situated. Any sale, lease, or contract entered into by the city with regard to which a public official has acted in violation of this section is void. Any money which is paid by the council in violation of this paragraph may be recovered from any and all persons interested therein. Any vote pursuant to M.S.A. § 471.88 must be unanimous by council. (b) Noncontractual transactions voidable. Any public official who in the discharge of his/her duties would be authorized to take an action, vote, or make a decision concerning a noncontractual transaction of the city which would affect the public official's interests, unless the effect on his/her interests is no greater than on other persons and/or property similarly situated, shall disqualify himself/herself from such action, vote or decision. Any transaction entered into by the city with regard to which a public official has acted in violation of this paragraph is voidable at the option of the council. Any money, which was paid by the council in violation of this paragraph, may be recovered from any and all persons interested therein. Charter Commission Meeting of September 12, 2019 (Item No. 4a.) Page 3 Subject: Update on charter review process and discussion of next steps Section 12.19. Financial conflicts of associates of public officials; contracts and transactions voidable. Any public official who in the discharge of his/her duties would be authorized to take an action, vote or make a decision concerning a contractual or non-contractual transaction which would affect the interests of his/her associates, unless the effect on the interests of his/her associates is no greater than on other persons and/or property similarly situated, shall disqualify himself/herself from such action, vote or decision. Any contract or transaction entered into by the city with regard to which a public official has acted in violation of this section is voidable at the option of the council. Any money, which was paid by the council in violation of this section, may be recovered from any and all persons interested therein.