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HomeMy WebLinkAbout2020/12/29 - ADMIN - Minutes - Charter Commission - Regular UNOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA December 29, 2020 5:00 p.m. – Virtual Meeting via WebEx 1. Call to Order Chair Maaske called the meeting to order at 5:18 p.m. 2. Roll call and attendance Members Present: JC Beckstrand, Jim Brimeyer, Gary Carlson, Jim de Lambert, Terry Dwyer, David Dyer, Andrew Rose, Sara Maaske, Erin Smith, and Henry Solmer. Members Absent: Lynne Carper Others Present: Melissa Kennedy (City Clerk), Soren Mattick (City Attorney), Maria Solano (Sr. Management Analyst) 3. Approval of minutes a. Minutes of September 12, 2019 Charter Commission meeting It was moved by Commissioner Rose, seconded by Commissioner Carlson, to approve the minutes of September 12, 2019 as presented. The motion passed 10-0. 4. Old business – None. 5. New business a. Proposed annual report for district court – year 2019 It was moved by Commissioner Smith, seconded by Commissioner Beckstrand, to approve submission of the commission’s annual report for the calendar year 2019 as presented. The motion passed 10-0. b. Election of officers Commissioner Smith nominated Sara Maaske for the position of chair. Comm issioner Maaske accepted the nomination. It was moved by Commissioner Rose, seconded by Commissioner Beckstrand, to appoint Sara Maaske to the position of Chair of the Charter Commission. The motion passed 10-0. Commissioner Rose nominated David Dyer for the position of vice chair. Commissioner Dyer accepted the nomination. It was moved by Commissioner Rose, seconded by Commissioner Brimeyer, to appoint David Dyer to the position of Vice Chair of the Charter Commission. The motion passed 10-0. Charter Commission Minutes -2- December 29, 2020 Commissioner Brimeyer nominated Terry Dwyer for the position of secretary. Commissioner Dwyer accepted the nomination. It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to appoint Terry Dwyer to the position of Secretary of the Charter Commission. The motion passed 10-0. c. Legislative update – verbal (no action) Commissioner Carlson provided an update on the 2020 legislative session. He noted several changes were made to Chapter 410, which directly relates to the administration of charter commissions. Provisions related to the appointment process by district court s were updated to extend the appointment deadline to 60 days. Additionally, the limits on reimbursable expenses of charter commissions were set as a percentage of the city’s property tax levy. Commissioner Carlson also discussed special provisions that were enacted in response to the pandemic to expand the ways in which cities could conduct public business, including holding meetings via electronic means and expanding the use of electronic signatures. He noted he expected additional discussion on these topics during the upcoming legislative session in 2021. Commissioner Beckstrand questioned what kind of commission expenses would be reimbursable. Commissioner Carlson stated legal expenses associated with the commission would be reimbursable. d. Proposed review of Home Rule Charter Sections 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 Tra nsactions Voidable Chair Maaske stated Commissioner Beckstrand requested that this item be placed on the agenda for discussion. Commissioner Beckstrand explained earlier in the year there were separate instances that occurred in conjunction with the city council that called into the question the conduct of a city council member and potential violations of charter sections 2.09, 12.01, 12.18 and 12.19. He stated in his view these situations exposed potential weaknesses in the language of the charter regarding how complaints or potential violations of the charter are investigated and reviewed. He suggested that the commission look at how investigations are conducted because there is an issue with independence of the investigation and an inherent conflict of interest with the involvement of the city manager and city attorney in the investigative process. He added the city needs a mechanism that allows for independent investigations of possible violations of the charter. He requested the commission consider for ming a subcommittee to review the sections identified and see if there is an opportunity to make changes that would allow for better governance. Charter Commission Minutes -3- December 29, 2020 Commissioner Brimeyer referenced the origins of section 2.09 and stated he would like to revisit a discussion on that section. He stated independent of the events that transpired earlier in the year, this would be a good opportunity to review the sections identified to determine what could be changed or improved to help build trust in the community and show that there is oversight of the city’s leadership and there are mechanisms in place to ensure the charter is being followed. Vice Chair Dyer stated he thought it was odd that the council reviewed and voted on the potential charter violation and censorship of one of their own colleagues. He expressed concerns that the sections in question were too narrow in scope and agreed that there is reason to look at expanding the language. Commissioner Beckstrand stated he would like language that would address the investigative aspect and provide a prescribed penalty or adjudication process. Secretary Dwyer stated he was not opposed the review and asked if the question was if the charter commission could become the investigative authority. He explained he would not be in favor of that because he does not believe that is the role of the commission. He noted he would like to know how other cities address these issues in their charters and if the process and language used is standard. He stated ultimately the city council answers to voters and that is who holds them accountable in their work. Chair Maaske stated the first question is if the commission wants to review the sections identified and, if so, what is the process they want to use to complete the review. Commissioner Brimeyer stated the charter commission should not be an investigative authority and any investigations in the future should be conducted by an independent investigator. He added the commission’s role is to look at the provisions of the charter and make sure they are being enforced. It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to review the provisions of Home Rule Charter Sections 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 and to set a timeline for completion of review. The motion passed 10-0. Chair Maaske stated how the sections are reviewed is a question of procedure and what information the commission needs to move forward with the review. She suggested a sub - committee could be formed to look at the sections and then provide a recommendation to the commission on a path forward, like what was done when the commission considered the implementing ranked-choice voting. It was moved by Commissioner Beckstrand, seconded by Commissioner Rose, to establish a sub- committee of the commission to review the sections identified and pre pare a recommendation for the commission on proposed amendments, if any. The motion passed 10-0. Commissioner Beckstrand questioned what the maximum size of the sub-committee could be. Charter Commission Minutes -4- December 29, 2020 Mr. Mattick advised that the maximum size should be less than a quorum of the commission to avoid any potential conflicts with the open meeting law. He also advised the subcommittee vet any suggested changes through legal prior to presenting to the commission to avoid creating any legal inconsistencies within the charter. It was moved by Commissioner Rose, seconded by Commissioner Carlson, to appoint Commissioners Beckstrand, Brimeyer and Dyer as members of the sub-committee. The motion passed 10-0. Commissioner Brimeyer asked the commission to set a deadline for the sub-committee to complete their review and return with a recommendation. He stated the sub -committee would provide the chair, city clerk, and city attorney with updates on their progress and activity. Chair Maaske suggested that the sub-committee complete their review and return with a recommendation by the commission’s next regular meeting, likely in April or May of 2021. She added that the staff should provide support or assistance to the sub -committee as needed. Commissioner Brimeyer agreed with the proposed timeline. Commissioner Ault also agreed with the proposed timeline and noted that the sub-committee should have the discretion to utilize staff as needed for assistance in completing their review. Commissioner de Lambert stated he agreed that the sections should be reviewed as it is incumbent upon the commission to regularly review sections to ensure they are up to date and serving their intended purpose. He noted he is not interested in re viewing the sections in the context of events that occurred previously. Commissioner Dyer agreed, clarifying that the events that occurred earlier in the year were prompting the review of the sections in question, not influencing the review. 6. Future meetings The commission asked staff to coordinate a meeting of the commission in April 2021. 7. Communications – None. 8. Adjournment It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to adjourn the meeting. The motion passed 10-0. The meeting adjourned at 6:12 p.m. Respectfully submitted by: Melissa Kennedy, City Clerk