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HomeMy WebLinkAbout2021/07/28 - ADMIN - Agenda Packets - Charter Commission - RegularAgenda Charter Commission Meeting St. Louis Park, Minnesota July 28, 2021 5:30 p.m. – St. Louis Park City Hall 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. The St. Louis Park Charter Commission is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. in accordance with the most recent COVID-19 guidelines. Members of the public who wish to view the meeting can do so by attending in-person. 1. Call to Order 2. Roll Call & Attendance 3. Approval of Minutes a. June 16, 2021 Charter Commission Meeting 4. Old Business a. Discuss draft ordinance amending Chapter 2 and Chapter 12 of the St. Louis Park Home Rule Charter pertaining to investigation of city council members, interference with city administration, and conflicts of interest. 5. New Business 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 June 16, 2021 5:30 p.m. – Virtual Meeting via WebEx 1. Call to order Chair Maaske called the meeting to order at 5:31 p.m. 2. Roll call and attendance Members present: JC Beckstrand, Jim Brimeyer, Lynne Carper, Jim de Lambert, Terry Dwyer, David Dyer, Sara Maaske, Andrea Rose, and Henry Solmer. Members absent: David Ault, Gary Carlson, Erin Smith Others present: Melissa Kennedy (City Clerk), Soren Mattick (City Attorney), Maria Solano (Sr. Management Analyst) 3. Approval of minutes a. Minutes of April 6, 2021 Charter Commission meeting It was moved by Commissioner Rose, seconded by Commissioner de Lambert, to approve the minutes of April 6, 2021 as presented. The motion passed 9-0. 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 Commissioner Beckstrand outlined the subcommittee’s review process and presented the proposed changes. He stated the commission is responsible for reviewing and maintaining the Charter and effectively serve as the conscience of the community. He added the commission has an obligation to ensure that the provisions of the charter are upheld. He explained following their review, the subcommittee does feel changes to the Charter are needed to provide greater oversight, transparency, and accountability. Commissioner Brimeyer explained that the city attorney provided the opinion that statute does not necessarily provide the Charter Commission with this type of authority over the city council. However, the subcommittee feels that the proposed amendments do fall within the commission’s purview to ensure that the charter is followed and enforced. Commissioner Dyer stated the subcommittee’s intent is to make sure there are checks and balances in place and that the council has oversight so they cannot solely police t hemselves. Chair Maaske asked the subcommittee to summarize the changes that were proposed. Commissioner Beckstrand stated that section 2.08 was amended to avoid potential conflicts of interest that could arise with the city manager or city attorney investigating complaints related to council violations of the charter. He noted there are still questions as to how or when investigations are ordered. In Section 2.09 the subcommittee attempted to provide clarity as to Charter Commission Minutes -2- June 16, 2021 how to deal with council member who may be inappropriately interfering with administration and what constitutes an inquiry. They also attempted to clarify language related to what interference is and how a potential violation is adjudicated. Minor edits were offered to chapter 12 to provide greater transparency and establish that a conflict should not be limited to only financial interests. Commissioner Dyer stated in section 12.14 the subcommittee felt that nonprofit associations should be included because undue influence could s till be a factor if a council member served in a leadership role with the organization. Commissioner Beckstrand noted in Section 12.18 the timing of recusal was clarified to establish that it should occur immediately upon discovery of the conflict to avo id the potential for undue influence to occur in other ways prior to a vote by the city council on an action item. Mr. Mattick outlined several legal considerations related to the proposed amendments. He stated the effect of the changes proposed to Section 2.08 would give the commission the authority to look into the day to day activity of city departments and staff. He noted the standard legal premise in the state is that the charter commission is expected to operate within statutory guidelines. State law does not currently provide for a charter commission to have this type of oversight authority and the city’s form of government is the council-manager plan whereby the city manager is responsible for oversight of the day-to-day activity of departments and staff. He questioned if the commission’s intent is to have oversight authority over city staff. Commissioner Brimeyer stated the intent was only to have oversight over council, not city staff. Commissioner Dwyer suggested if the commission really wants oversight over the council it should be in a separate section of the charter. Commissioner Carper stated he understood the city attorney’s concerns and agreed that a mechanism for oversight of the council was preferred, not city staff. Mr. Mattick stated that the way 2.09 is written leaves questions regarding the logistics of the investigation process and whether or not the charter commission could have separate investigations of the same issue, meaning both the council and the charter commission could be simultaneously engaged in independent investigations of the same alleged violation. He also noted that the language does not provided the commission with final adjudication authority. Commissioner Brimeyer stated in situations where there is a clear conflict of interest there needs to be a process to compel the council to investigate the issue. He added the intent was not to have concurrent investigations. Commissioner Beckstrand agreed the intent was not to have dual investigations, noting the subcommittee felt there should be a mechanism for the commission to collaborate with the council and allow for an opportunity to ask the council to conduct an independent investigation. Commissioner Rose asked for each commissioner to provide direction on the two questions posed related to oversight authority and simultaneous investigations. Charter Commission Minutes -3- June 16, 2021 The consensus of the commission members was that the commission should not have oversight authority of city staff and that there be a single-track for investigations, meaning the commission would not undertake a simultaneous investigation of the same alleged violation of the charter. Commissioner Carper questioned if the commission should define a process or procedure on how to handle situations in which the commission and the council have conflicting opinions about whether an independent investigation is necessary. He also questioned how and who would determine if a complaint was legitimate and expressed concern about the potential volume of work. Commissioner Brimeyer stated that type of detailed process should be developed outside of the charter. Commissioner Beckstrand agreed, noting the subcommittee attempted to build that type of process but found it was too complicated to put in the charter itself. He reiterated the intent is to make sure the council know there is an oversight mechanism. The commission discussed next steps and directed the city attorney to edit the draf t amendments to reflect the commission’s intent to have no independent authority over city staff and to provide a single-track method for investigations. 5. New business a. Elect vice chair due to resignation Commissioner Dyer resigned from the Charter Commission after seven (7) years of service because he is planning an out-of-state move. The commission thanked Commissioner Dyer for his work on the commission and wished him well in the future. Chair Maaske asked for nominations to the fill the position of vice chair. Commissioner Beckstrand indicated he would be willing to serve in the role. It was moved by Commissioner Rose, seconded by Commissioner Dwyer, to appoint JC Beckstrand to the position of Vice Chair of the Charter Commission. The motion passed 9-0. 6. Future meetings The commission asked staff to coordinate an in-person meeting of the commission in July 2021. 7. Communications 8. Adjournment It was moved by Commissioner Beckstrand, seconded by Commissioner Dwyer, to adjourn the meeting. The motion passed 9-0. The meeting adjourned at 6:30 p.m. Respectfully submitted by: Melissa Kennedy, city clerk Charter Commission Meeting Date: July 28, 2021 Agenda Item: 4a Executive summary Title: Discuss draft ordinance amending Chapter 2 of the St. Louis Park Home Rule Charter pertaining to investigation of council members and interference with city administration and Chapter 12 pertaining to conflicts of interest Recommended action: The commission will discuss the proposed draft ordinance and provide direction on next steps. Summary: At the meeting held on June 16, 2021 the Charter Commission reviewed the subcommittee proposal to amend specific sections of Chapters 2 and 12 of the charter. Following discussion by the commission, the city attorney was directed to draft language to reflect the commission’s intent to have no independent authority over city staff and to provide a single-track method for investigations of city council members related to potential violations of the charter. Based on the commission’s direction, the city attorney revised the draft originally prepared by the subcommittee by adding Section 2.08.1, Investigation of City Councilmembers. The new section also provides that, “Neither the council nor the charter commission shall initiate an investigation into a matter that is already under investigation by the other body or both bodies.” The remaining language in the draft ordinance is unchanged from what was originally proposed by the subcommittee. The city attorney has provided additional legal questions/comments related to other provisions of the draft ordinance that warrant additional clarification and direction from the commission. •Section 2.09 – clarify the desired intent of the commission in terms of its role in the investigation process and adjudication. •The term “associate” proposed in Section 12.12 is vague. Language could be clarified by using “business associate” which would at least require some type of formal bu siness relationship. •The term “beneficial interest” proposed in Section 12.12 is vague. The state conflict of interest statute refers to “personal financial interest” and “personally benefit financially”. Minn. Stat. § 471.87. The commission should clarify its intent. •The term “relative” proposed in Section 12.13 is vague. Language could be clarified by using a term like “first-degree relative”. o A first-degree relative is defined as a close blood relative which includes the individual’s parents, full siblings, or children o A second-degree relative is defined as a blood relative which includes the individual's grandparents, grandchildren, aunts, uncles, nephews, nieces , or half- siblings o A third-degree relative is defined as a blood relative which includes the individual’s first-cousins, great-grandparents, or great grandchildren Next steps: To be determined by the Charter Commission. Strategic priority consideration: Not applicable. Supporting documents: Draft ordinance Prepared by: Melissa Kennedy, city clerk CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -21 AN ORDINANCE AMENDING CHAPTER 2 OF THE ST. LOUIS PARK CITY CHARTER PERTAINING TO INVESTIGATION OF COUNCIL MEMBERS AND INTERFERENCE WITH CITY ADMINISTRATION AND CHAPTER 12 OF THE ST. LOUIS PARK CITY CHARTER PERTAINING TO CONFLICTS OF INTEREST The City of St. Louis Park does ordain: Section 1. Chapter 2 of the City Charter is amended by adding Section 2.08.1 as follows: Section 2.08.1. Investigation of city councilmembers. The council and charter commission shall have power to make or order internal or external investigations into neglect, dereliction of duty or waste on the part of a city council member, to subpoena witnesses, administer oaths and compel 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 council member. Each such investigation shall be authorized by resolution of the council or at the direction of a simple majority of the charter commission. Neither the council nor the charter commission shall initiate an investigation into a matter that is already under investigation by the other body or both bodies. Investigations of potential or actual conflicts of interest may be conducted by an independent third party not affiliated with the city. A council member accused of misconduct will be recused from voting on the resolution authorizing the making or ordering of an internal or external investigation. Section 2. Section 2.09 of the City Charter is amended as follows: Section 2.09. Interference with administration. Except for the purpose of specially authorized inquiry, the council and its members shall deal with and control the administrative services of the city solely through the city manager. Neither the council nor any member thereof shall give orders, directives, instructions, or otherwise attempt to influence any of the administrative personnel of the city, other than the city manager, either publicly or privately by any means of communication. 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 DRAFT 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 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 cit y 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. Section 3. Section 12.12 of the City Charter is amended by adding the following: (6)Any entity within the city limits which holds a beneficial interest for the candidate or any associate of the candidate. Section 4. Section 12.13 of the City Charter is amended as follows: 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 provision 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 5. Section 12.14 of the City Charter is amended as follows: 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. DRAFT (2)Disclosure of privileged relationships, as recognized by law (e.g., doctor-patient, attorney-client, pastor-parishioner, etc.). Section 6. Section 12.18 of the City Charter is amended as follows: 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 interest, including financial, in that sale, lease or contract or personally benefit, including financially, therefrom unless the effect on the 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 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 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, wh ich was paid by the council in violation of this paragraph, may be recovered from any and all persons interested therein. Section 7. Section 12.19 of the City Charter is amended as follows: Section 12.19. Financial conflicts of associates of public offic ials; 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. DRAFT 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. Section 8. This Ordinance shall take effect 90 days after passage and publication. ADOPTED this ______ day of _______________, 2021, by the City Council of the City of St. Louis Park. Public Hearing First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by City Council ________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: _________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney DRAFT SUMMARY ORDINANCE NO. ______, 21 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 2 OF THE ST. LOUIS PARK CITY CHARTER PERTAINING TO INVESTIGATION OF COUNCIL MEMBERS AND INTERFERENCE WITH CITY ADMINISTRATION AND CHAPTER 12 OF THE ST. LOUIS PARK CITY CHARTER PERTAINING TO CONFLICTS OF INTEREST This ordinance authorizes the Charter Commission to investigate City Council Members, establishes procedures for investigating Council Member interference with City staff, and further defines prohibited conflicts of interest. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of St. Louis Park, Minnesota, this day of , 2021 CITY OF ST. LOUIS PARK BY: Jake Spano, mayor ATTEST: Melissa Kennedy, city clerk DRAFT