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HomeMy WebLinkAbout2021/04/06 - ADMIN - Minutes - Charter Commission - RegularOFFICIAL 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 outsi de 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 t he 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 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. 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