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HomeMy WebLinkAbout2017/02/22 - ADMIN - Agenda Packets - Charter Commission - RegularAGENDA CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA February 22, 2017 6:00 p.m. – City Hall 3rd Floor, Westwood Conference Room The mission of the Charter Commission is to evaluate and propose changes which are warranted in the city 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 provides assistance to prepare agendas and performs other ministerial duties. 1. Call to Order 2. Roll Call & Attendance a.Introduction of Members b. Requests for Excused Absences 3. Approval of Minutes a.March 22, 2016 Charter Commission Meeting 4. Old Business 5. New Business a.Proposed Charter Amendments regarding Primary Elections and Candidate Filing Requirements 6. Future Meetings a.March 21, 2017 at 7:00 pm 7. Communications 8. Adjournment For more information or questions regarding this agenda, please contact Melissa Kennedy at (952) 928-2840 Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call Administrative Services at 952-924-2505. UNOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 22, 2016 7:00 p.m. – Westwood Room, City Hall 1. Call to Order Chair Carper called the meeting to order at 7:07 p.m. 2. Roll Call and Attendance Members Present: Jim Brimeyer, Gary Carlson, Lynne Carper, Terry Dwyer, David Dyer, Brian Fiderlein, Ken Gothberg, Sara Maaske, and Henry Solmer. Members Absent: Maren Anderson, Jon Beckstrand (absence excused), James de Lambert, Matthew Flory (absence excused), Ronald Jarvi, Jr. (absence excused), and David Obray Others Present: Kay Midura, Recording Secretary 2b. New Members and Reappointments Jon Beckstrand (term expired January 27, 2016) and Terry Dwyer (term expired January 27, 2016) have both applied for reappointment. Their applications are currently with Judge Cahill. Each commissioner introduced him or herself. 3. Approval of Minutes – March 12, 2015 It was moved by Commissioner Carlson, seconded by Commissioner Dwyer, to approve the minutes of March 12, 2015. The motion passed 9-0. 4. Old Business - None 5. New Business 5a. Election of Officers Chair Carper stated that the Election of Officers for Chair, Vice Chair, and Secretary takes place at each annual meeting. . Chair Carper asked for nominations for Chair. Commissioner Gothberg nominated Commissioner Carper as Chair of the Charter Commission until the next annual meeting of the Charter Commission. The nomination was unanimously approved. Chair Carper asked for nominations for Vice Chair. Commissioner Maaske nominated herself as Vice Chair until the next annual meeting of the Charter Commission. The nomination was unanimously approved. Chair Carper asked for nominations for Secretary. Commissioner Dwyer nominated himself as Secretary until the next annual meeting of the Charter Commission. The nomination was unanimously approved. 5b. Proposed Annual Report for District Court - Year 2015 Chair Carper inquired if anyone had any corrections or additions to the Annual Report to the District Court for the year 2015. There were no corrections or additions. Charter Commission Minutes -2-March 22, 2016 It was moved by Commissioner Brimeyer, seconded by Commissioner Carlson, to approve the 2015 Charter Commission Annual Report for submittal to Hennepin County District Court. The motion was unanimously approved. 5c. Legislative Update Commissioner Carlson reported on the following pending legislative items: Three Major Issues Transportation bill Tax bill Bonding bill City Issues Presidential Primary (First week in March. Only for Presidential Elections, not Municipal or State). No action was taken to support or not support a Minnesota Presidential Primary. Early voting Reverse referenda for municipal budgets Ongoing Items Alternative publication (website vs. newspapers) Data practice issues (i.e., body cameras) State Auditor debate – Minneapolis, St. Paul and Duluth are the only cities required to use the services of the State Auditor Drop houses Paid family leave tax paid by employers 6. Future Meetings Chair Carper proposed setting March 21, 2017 (third Tuesday in March) at 7:00 p.m. as the next meeting of the Charter Commission. 7. Communications Recording Secretary Kay Midura made an appeal for the Charter Commissioners to serve as Election Judges and to spread the word to their family, friends and neighbors. 8. Adjournment Chair Carper adjourned the meeting at 7:55 p.m. Respectfully submitted by: Kay Midura, Recording Secretary Charter Commission Meeting Date: February 22, 2017 Agenda Item: 5a TITLE: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements RECOMMENDED ACTION: Recommend a Charter Amendment to Eliminate the Option for Municipal Primary Elections and Enhance Candidate Filing Requirements INTRODUCTION: In 2016 the City Council discussed several topics related to elections including the ranked choice voting method and the filing requirements for candidates for municipal offices. At that time the consensus of the Council was that a switch to the ranked choice voting method was not warranted and that the more practical course of action was to direct staff to prepare a proposal for the Charter Commission that would achieve the following objectives: - Eliminate the need to hold a municipal primary election when 3 or more candidates file for any city office. All candidates filing for municipal offices would be placed on the General Election ballot. - Amend the filing requirements for candidates for municipal office to either increase the filing fee, increase the number of signatures, or some combination of both options. The intent of the proposed amendments is to address the immediate concerns of the Council including: cost of holding primary elections, staff resources related to the administration of primary elections, low voter turnout at primary elections, lack of serious candidates filing for municipal office, and the undue burdens placed on candidates to run campaigns for potentially both a primary and general election. The proposed recommendation to the Charter Commission is to eliminate Section 4.03 of the City Charter related to Primary Elections and to amend Section 4.06 to reflect the elimination of a primary election and adjust the filing period for a nominating petition to match the time frames outlined in state law, increase the number of signatures required on a nominating petition from 15 to 30 and to increase the corresponding filing fee from $20 to $50. The thought is that these changes would sufficiently address the concerns raised by the Council, but would not be overly burdensome and preclude an individual from filing for a municipal office. The Council also suggested evaluating the effects of the changes after each election cycle to determine if additional changes are warranted. Additionally, a minor correction to Section 4.01 would be required as it references primary elections and the elimination of Section 4.03 would require subsequent sections in the chapter to be renumbered. CHARTER AMENDMENT PROCESS: The Charter Commission is meeting to consider the proposed amendment. In the past, amendments to the City Charter have been enacted by ordinance in accordance with the procedure outlined in M.S. 410.12, Subd. 7. The City Attorney’s office provides direction and guidance throughout this process. If the Charter Commission recommends an amendment, the ordinance will be forwarded to the City Council for consideration at a public hearing. Under this method of amending the Charter, the Council would need to unanimously approve the ordinance in order for the changes to be adopted. Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 2 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements BACKGROUND: Is the City required to hold Municipal Primary Elections? Minnesota Election Law states municipal primary elections may be held in any city. As a home rule charter city, St. Louis Park has chosen to hold a Municipal Primary Election whenever three (3) or more candidates file for any elective City office. Primary Elections are held in accordance with the provisions contained in Section 4.03 of the City Charter. How many other cities in Hennepin County hold Municipal Primary Elections? Of the 45 cities in Hennepin County, only 11 cities have the option to hold municipal primary elections (Bloomington, Brooklyn Center, Brooklyn Park, Crystal, Dayton, Independence, Minnetonka, Richfield, Robbinsdale, Rogers, and St. Louis Park). The remaining 34 cities do not hold municipal primaries. How many Municipal Primary Elections have been held in St. Louis Park? 9 Municipal Primary Elections have been required in St. Louis Park since 1975. 7 primaries involved only 1 or 2 wards 2 primaries were citywide What costs and resources are associated with running a Municipal Primary Election? •Municipal Primary Elections cost approximately $1,000 per precinct for Election-Day activities. This results in an estimated total of $16,000. •Additionally, in order to hold a Primary Election, staff must devote time and resources to do the following: Administer the required 46-day absentee voting period (including HCF outreach) o Temporary Staffing costs = $15,500 o Equipment & Supplies = $1,500 Test equipment (Automarks & DS200 Voting Machines) o Staffing costs = $1,000 (2 temporary staff, 2 full-time staff) Program new electronic poll books and prepare for deployment o Staffing costs = $600 (1 full-time staff person) Train election judges (Equipment & Forms/Procedures Training) o Equipment Training (6 sessions/2.5 hours each) = $1,080 (staff time) o Forms/Procedures Training (3 sessions/2.5 hours each) = $540 (staff time) o Poll book practice sessions (4 sessions/2 hours each) = $500 (staff time) Prepare and deliver supply boxes and equipment to precincts and pick-up after election o Truck rental = $400 o Staffing costs = $1,800 Total estimated cost for the above activities outside of Election Day = $23,000 The total estimated cost to conduct all aspects of a municipal primary is $39,000 How many candidates have filed for City offices in the previous 3 municipal elections? 2015: 4 candidates for Mayor, 1 candidate for Councilmember At-Large A, 2 candidates for Councilmember At-Large B 2013: 1 candidate for Ward 1 Councilmember, 1 candidate for Ward 2 Councilmember, 3 candidates for Ward 3 Councilmember, 2 candidates for Ward 4 Councilmember 2011: 1 candidate for Mayor, 2 candidates for Councilmember At-Large A, 3 candidates for Councilmember At-Large B Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 3 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements Does the school district hold primary elections? Minnesota Election Law also affords school districts the option to choose whether or not to hold primary elections. The St. Louis Park School District has chosen not to hold primary elections for School Board offices. This means that all candidates filing for a School Board office appear on the General Election ballot. When would candidate filing take place if the proposed changes were adopted? If the proposed changes were adopted the election cycle calendar would be pushed back. Candidate filing would occur August 1 – August 15, 2017. These dates would coincide with the calendar the school district follows for school board elections. If no changes were made, candidate filing would occur May 16 – May 30, 2017 What are the current requirements for candidates filing for office in St. Louis Park? Candidates are required to pay a $20 filing fee in addition to submitting a nomination petition signed by at least 15 currently registered electors qualified to vote for the office specified on the petition. Is there a limit to what the City can charge candidates filing for a municipal office? Candidate filing fees are governed by Minnesota Statute 205.13, Subd. 3. A home rule charter city that sets filing fees by authority provided in city charter is not subject to the fee limits imposed by statute. What are the candidate filing requirements in neighboring cities? City Filing Fee Nominating Petition? Primary Election Option? Even/Odd Year Elections St. Louis Park $20 Yes Yes Odd Edina $5 No No Even Hopkins $25 No No Odd Minnetonka $5 No Yes Odd Golden Valley $5 No No Odd Richfield $25 Yes Yes Even Eden Prairie $5 No No Even Plymouth $5 No No Even Bloomington $50 No Yes Odd Minneapolis Mayor = $500; Council = $250 No No Odd NEXT STEPS: The following steps will be followed if the Charter Commission recommends the City Council enact by ordinance an amendment eliminating the option for municipal primary elections and changing the candidate filing requirements. 1.Within a month of the city council’s receipt of the Charter’s recommendation, publish public hearing notice which contains text of ordinance. 2. City Council will conduct a public hearing at least 2 weeks but not more than 4 weeks after notice is published. 2. Within a month of the hearing the City Council must vote. The ordinance requires unanimous approval of the entire City Council. 3. The ordinance becomes effective after adoption and publication according to law Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 4 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements Attachments: Proposed Draft Charter Amendment Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Soren Mattick, City Attorney Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 5 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements Proposed Charter Amendment The following is draft language for a Charter Amendment to eliminate the option for municipal primary elections and to change the candidate filing requirements for municipal offices. HOME RULE CHARTER CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.01. General Election Laws to Apply. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. Section 4.03. Primary Elections. The Council shall, whenever three (3) or more candidates have filed for any elective City office, provide through ordinance or resolution for a primary election to be held for each such office. The primary election shall be held on the second Tuesday in August. At least two (2) weeks’ notice shall be given by the Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct where a primary election will be held and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notice shall not invalidate such election. Section 4.04. 4.03. Special Elections. The Council may by resolution order a special election, fix the time, and provide the means for holding such special election. Three (3) weeks’ published notice shall be given of any special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Section 4.05. 4.04. Judges of Election. The Council shall at least twenty-five (25) days before each municipal election appoint at least three (3) qualified voters to be judges of election for each precinct. Section 4.06. 4.05. Nomination by Petition. The nomination of elective officers provided for by this Charter shall be by petition. The name of any nominee shall be printed upon the ballot whenever a petition meeting the requirements specified in this Charter has been filed on the nominee’s behalf with the City Clerk. Such petition shall be signed by at least fifteen (15) thirty (30) currently registered electors qualified to vote for the office specified in the petition. No elector shall sign Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 6 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements petitions for more candidates than the number of places to be filled at the election, and should the elector do so that signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk no more than eighty four (84) ninety eight (98) days nor less than seventy (70) eighty four (84) days before the second Tuesday in August municipal general election held in November of any year. The Clerk shall prepare the ballots with names of the candidates for an office in a manner provided by ordinance. Each petition, when presented, must be accompanied by a twenty dollar ($20.00) fifty dollar ($50.00) filing fee. Section 4.07. 4.06. Nomination Petitions. The signatures to the nomination petition need not be contained on one (1) paper. Each paper shall include an affidavit of its circulator stating the number of signators and affirming that each signature was written in the circulator’s presence and is the signature of the person who signed it. The residence address of each signer shall be affixed to the petition. The nominee shall indicate acceptance of the office, if elected, by an endorsement on the petition. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, electors of the City of St. Louis Park, nominate ______________, whose residence is ________________, for the office of _________________ to be voted for at the election to be held on the _________ day of ____________; and we individually certify that we are qualified electors and that we have not signed more nomination petitions of candidates for this office than there are persons to be elected. ____________ being duly sworn, deposes and says that the undersigned circulated the foregoing petition and that the signatures were made in the circulator’s presence and are the signatures of the persons who signed them. Signed ____________ Subscribed and sworn to before me this _________ day of __________, ___________ Notary Public for Hennepin County, Minnesota This petition, if found insufficient by the City Clerk, shall be returned to ______________ at Number _________________ Street. I hereby indicate my willingness to accept the office of ___________ if duly elected. Nominee ______________ Name Street and Number -------------- ---------------------- -------------- ---------------------- Charter Commission Meeting of February 22, 2017 (Item No. 5a.) Page 7 Subject: Proposed Charter Amendment related to Municipal Primary Elections and Candidate Filing Requirements Section 4.08. 4.07. Canvass of Elections and Taking of Office. The Council shall meet and canvass the election returns within seven (7) days after any regular or special elections, declare the results as soon as possible, and file a statement thereof with the City Clerk. Said statement shall be made part of the minutes and shall include: (a) The total number of good ballots cast; (b) The total number of spoiled or defective ballots; (c) The vote for each candidate with a declaration of those who were elected; (d) A true copy of the ballots used; (e) The names of the judges and clerks of election; [and] (f) Such other information as may seem pertinent The City Clerk shall notify all persons elected of the fact of their election, and the persons elected shall qualify to take office at the time provided for by Section 3.01, by taking, subscribing, and filing the required oath of office with the City Clerk.