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HomeMy WebLinkAbout2021/06/16 - ADMIN - Agenda Packets - Charter Commission - RegularAgenda Charter Commission Meeting St. Louis Park, Minnesota June 16, 2021 5:30 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 at the direction of the commission. 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 June 16, 2021 meeting by electronic device or telephone rather than by being personally present at the Charter Commission’s regular meeting place at 5005 Minnetonka Blvd. Members of the public can monitor this meeting by calling +1-312-535-8110 access code: 359 770 50 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.April 6, 2021 Charter Commission Meeting 4.Old Business a.Subcommittee recommendations related to 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 Transactions Voidable 5.New Business a.Elect Vice Chair due to resignation 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 April 6, 2021 6:00 p.m. – Virtual Meeting via WebEx 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, Sara Maaske, Erin Smith, and Henry Solmer. Members absent: David Ault, Andrew Rose Others present: Melissa Kennedy (City Clerk), Soren Mattick (City Attorney), Maria Solano (Sr. Management Analyst) 3. Approval of minutes a. Minutes of December 29, 2020 Charter Commission meeting It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to approve the minutes of December 29, 2020 as presented. The motion passed 10-0. 4. Old business a. Subcommittee update on 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 Transactions Voidable Commissioner Beckstrand stated the subcommittee was not prepared to make a recommendation to the commission. He noted the subcommittee met with the city manager, city clerk, and the city attorney to discuss their proposed amendments and the subcommittee needed time to review the feedback received from the city attorney. He explained the subcommittee does feel there are changes that need to be made, however more work is needed to determine the correct language. He stated the subcommittee agrees the Charter Commission needs to have greater oversight on the investigation process, but not necessarily in adjudication. He stated there are still questions on the role and involvement of the commission. Commissioner Brimeyer stated he feels it would be difficult for the city manager to order an independent investigation of a council member since they are an at -will employee of the council. He explained in his view there is a need for a non-council party to have the right to say to the elected body that something is not right and order an independent investigation. He noted it is the Charter Commission’s responsibility to make sure the provisions of the charter are followed and enforced. City attorney Mattick stated having a subordinate decide whether to order an independent investigation of a councilmember could potentially be a difficult situation. He noted the council is the elected body. The city manager is responsible for enforcement of the charter. The commission itself is a legislative body responsible for maintaining the contents of the charter, Charter Commission Minutes -2- April 6, 2021 however they don’t have explicit authority over the council. He questioned how the process would be different than what is currently in place if the commission were to make a recommendation to the city council to order an independent investigation regarding a potential violation, because ultimately it is up to the council to decide what to do. Commissioner Brimeyer stated the Charter Commission is an independent body and has a right to make sure the provisions of the charter are followed. He noted if the commission recommended an independent investigation, the council could then publicly agree or disagree with that recommendation, but the process would be transparent. Commissioner Beckstrand explained it is also important to consider the appearance of policy and governance within the context of the discussion. He noted the only at -will employees of the council are the city manager and the city attorney and that creates a potential conflict of interest when it comes to investigating the actions of a councilmember. Vice Chair Dyer stated there is still a question of who the decision-making body is or should be. He explained a councilmember may not realize if something is wrong or if further investigation of a colleague is needed. He stated there is a need for some type of outside oversight that can check the council and advise them if outside investigation is needed. Commissioner Brimeyer reiterated he does not want the Charter Commission to decide, but the council needs to know they are being watched and held accountable. Commissioner Carlson suggested the oversight could potentially come from a subcommittee of the Charter Commission, such as an ethics committee. Commissioner Carper stated a formal procedure or process would need to be developed for how the subcommittee would handle review of potential violations. He questioned how it would work if the commission assumed that responsibility. He also questioned if the commission would be inundated with cases to review and then potentially have to decide which complaints were legitimate. Commissioner Solmer stated the timing of disclosure of a conflict of interest needed to be addressed so councilmembers understand the disclosure should occur immediately. Chair Maaske asked the subcommittee when they felt they could have a recommendation prepared for the commission to review. Commissioner Brimeyer stated the subcommittee would work to finalize a recommendation by the next meeting. Commissioner Carper stated it was important for the commission to schedule an additional meeting soon to keep working on this item. Chair Maaske suggested the next meeting be scheduled for June to keep the process moving forward. She asked the subcommittee to keep her updated on their progress. The commission directed Ms. Kennedy to send out a survey with potential meeting dates in the second half of June. Charter Commission Minutes -3- April 6, 2021 b. Approve previous recommendation to amend the St. Louis Park Home Rule Char ter 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. It was moved by Commissioner Carlson, seconded by Commissioner Brimeyer, to approve recommendation to the city council 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. The motion passed 10-0. 5. New business a. Proposed annual report for district court – year 2020 It was moved by Commissioner Carlson, seconded by Commissioner de Lambert, to approve submission of the commission’s annual report for the calendar year 20 20 as presented. The motion passed 10-0. b. Election of officers for 2021 It was moved by Commissioner Carper, seconded by Commissioner Carlson, to appoint Sara Maaske to the position of Chair of the Charter Commission. The motion passed 10-0. It was moved by Commissioner Beckstrand, seconded by Commissioner Carper, to appoint David Dyer to the position of Vice Chair of the Charter Commission. The motion passed 10-0. It was moved by Commissioner Dwyer, seconded by Commissioner Brimeyer, to appoint Lynne Carper to the position of Secretary of the Charter Commission. The motion passed 10-0. 6. Future meetings The commission asked staff to coordinate a virtual meeting of the commission in June 2021. 7. Communications 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 6:52 p.m. Respectfully submitted by: Melissa Kennedy, City Clerk Charter Commission Meeting Date: June 16, 2021 Agenda Item: 4a Executive summary Title: Subcommittee recommendations related to review of Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 Recommended action: The subcommittee will present their recommendations for discussion and the commission will decide next steps. Summary: At the meeting held on December 29, 2020 the Charter Commission authorized the creation of a three-person subcommittee to review 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 prepare a recommendation for the commission on proposed amendments, if any. The commission subsequently appointed Vice Chair Dyer, Commissioner Beckstrand and Commissioner Brimeyer to the subcommittee. The members of the subcommittee met several times to discuss and review the identified sections of the charter. The subcommittee previously met with the city attorney, city manager, and city clerk to discuss proposed amendments and identify desired outcomes. The subcommittee subsequently provided a draft of their proposed amendments to the city attorney for review. The subcommittee will present their recommendation for proposed amendments to the commission for further discussion and consideration. The city attorney will also be available to answer questions or outline legal considerations related to the proposed amendments. Next steps: To be determined by the Charter Commission. Strategic priority consideration: Not applicable. Supporting documents: Draft of proposed charter revisions Prepared by: Melissa Kennedy, city clerk Charter Commission Meeting of June 16, 2021 (Item No. 4a) Page 2 Subject: Subcommittee recommendations related to review of Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 Subcommittee Draft of Proposed Charter Revisions Section 2.08. Investigation of city affairs. The council and charter commission jointly and severally shall have power to make or order internal or external investigations into the city's affairs including, but not limited to, neglect, dereliction of duty or waste on the part of any officer or department of the city, to subpoena witnesses, administer oaths and compel the production of books, papers, and other documentary evidence. The council and charter commission may provide for an examination or audit of the accounts of any officer or department of the city government, or it may direct a survey or research study of any problem affecting the city or its inhabitants at any time. Each such investigation shall be authorized by resolution of the council or at the direction of a simple majority of the charter commission. Investigations of potential or actual conflicts of interest may be conducted by an independent third party not affiliated with the city. If the allegations of misconduct include a member of the council, the involved council member(s) will be recused from voting on the resolution authorizing the making or ordering of an internal or external investigation. Section 2.09. Interference with administration. Except for the purpose of specifically authorized inquiry, the council and its members shall deal with and control the administrative services of the city solely through the city manager, and neither manager. Neither the council nor any member thereof shall give orders, directives, instructions or otherwise attempt to to any influence any of the administrative personnel of the city, other than the city manager, either publicly or privately by any means of communication. 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. A. Alleged or actual violation of this section shall be contemporaneously reported jointly to the city manager, city council and charter commission. Investigations of alleged or actual violations of this section shall be conducted independently and free from conflicts of interest. Should an actual or potential conflict of interest exist in the investigation of potential violation(s) of this section the city council and charter commission shall engage an independent third-party investigation reporting its findings without undue delay to the city council and charter commission. B. 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 upon adjudication by the city council to the city in an amount equal to three (3) months compensation payable to the city by such member. C. The final determination of whether any city council member has violated provisions of this section shall be made upon the non-binding recommendation of a majority of the charter commission and by a two-thirds (2/3) majority of all council members except the council member being charged with the violation. Charter Commission Meeting of June 16, 2021 (Item No. 4a) Page 3 Subject: Subcommittee recommendations related to review of Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 Section 12.12. Filing of Information. Each public official and each candidate must file as public record in the office of the city clerk a statement containing the following: (1) Individual's name, address, occupation and principal place of business; (2) A listing of all sources of compensation received for services rendered in excess of one thousand dollars ($1,000.00) per year without specifying the dollar amount; (3) A list of the names of all business corporations, companies, firms or other business enterprises or partnerships with which the individual is connected as an employee, officer, owner, director, trustee, partner, advisor, or consultant. (4) A list of financial interests through ownership of stocks, bonds, or other securities with value in excess of one thousand five hundred dollars ($1,500.00) without specifying the dollar amount. (5) A list of all real property located within the City of St. Louis Park, excluding personal homestead property, in which the individual has any financial interest in excess of one thousand five hundred dollars ($1,500.00). The filing shall indicate the location of such property, but may omit any valuation. (6) Any entity within the city limits which holds a beneficial interest for the candidate or any associate of the candidate. Section 12.13. Family interests. If the spouse, relative and/or minor children of a public official or candidate hold an interest which, if held by the official or candidate would have to be disclosed under the provisions of section 12.12, such interest of the spouse, relative and/or minor children must be included in the statement filed according to section 12.12. Section 12.14. Exclusions. Section 12.12 shall not be construed to require: (1) Filing of any information relative to connections or interests with any nonprofit organization except the filing of information must be made in situations where the candidate is employed by a non-profit organization, engaged in a leadership position within a non-profit organization or is a member of the board of directors or advisory committee of a non-profit organization. (2) Disclosure of privileged relationships, as recognized by law (e.g., doctor-patient, attorney-client, pastor-parishioner, etc.). 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 beneficial personal financial interest, including financial, in that sale, lease or contract or personally benefit financially, including financially, therefrom unless the effect on the public official’s personal financial interest beneficial personal interest of the public official 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 Charter Commission Meeting of June 16, 2021 (Item No. 4a) Page 4 Subject: Subcommittee recommendations related to review of Home Rule Charter sections 2.09, 12.01, 12.18, and 12.19 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 of the public official unless the effect on his/her interests is no greater than on other persons and/or property similarly situated, shall immediately disqualify and recuse himself/herself from such action, vote or decision as soon as the conflict is apparent and/or discovered. 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. 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. Public officials are to report any actual or potential conflicts of interest under this section to the city manager and city council as soon as practicable and without delay. Charter Commission Meeting Date: June 16, 2021 Agenda Item: 5a Executive summary Title: Elect vice chair of Charter Commission Recommended action: The commission should nominate and elect a new vice chair in response to the resignation of Vice Chair Dyer. Summary: Vice Chair Dyer has informed Chair Maaske and the city clerk that he intends to resign his position with the Charter Commission due to imminent relocation out of state. Vice Chair Dyer has been a valued member of the St. Louis Park Charter Commission since 2014. His dedication to serving the community in many capacities, including as a member of the Charter Commission, is very much appreciated and he will be missed. The commission will need to elect a new member to serve as vice chair for the remainder of 2021. Strategic priority consideration: Not applicable. Supporting documents: None. Prepared by: Melissa Kennedy, city clerk