HomeMy WebLinkAbout2018/08/06 - ADMIN - Minutes - City Council - Study SessionJJ/ St. Louis Park
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The meeting convened at 5:50 p.m.
Official minutes
City council special study session
St. Louis Park, Minnesota
August 6, 2018
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity (arrived 6 p.m.), Thom Miller, and Margaret Rog.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), City Clerk (Ms.
Kennedy), Elections Specialist (Mr. Stokka), Elections Intern (Mr. Sund), Police Chief Harcey,
Human Resources Director (Ms. Deno), Management Assistant (Ms. Carrillo Perez), Racial
Equity Manager (Ms. Sojourner), and Recording Secretary (Ms. Pappas).
2019 municipal elections: ranked -choice voting planning and implementation
Ms. Kennedy noted the discussion would review important concepts to demonstrate staff's
recommendations related to calculating the threshold required to be elected, requiring a
candidate to file a written request to have their write-in votes counted, and resolving any votes
that occur by lottery.
Ms. Kennedy explained the recommendation related to counting write-in votes. She stated
currently the city tabulates all write-in votes, including those for non -serious candidates such as
"Mickey Mouse". She noted that in federal, state, and county races candidates are required to
file a written request in order to have their write-in votes counted. She stated the city would
follow a similar process for city offices.
Ms. Kennedy reviewed how ties in municipal races would currently be resolved, noting that
statute calls for the canvassing board to resolve ties by lottery. She explained in a ranked -choice
election, it is possible that a tie could occur within a round of tabulation between multiple
candidates. Rather than stopping the counting process to convene the canvassing board, the
recommendation is to allow the chief election official to resolve any ties by lot. She noted this is
the same process used in Minneapolis. The ordinance will contain specific rules for resolving
the tie, including notification procedures for affected candidates.
Both Mr. Stokka and Mr. Sund presented ranked choice voting scenarios to the council. They
reviewed key tabulation concepts, and common voting errors. They noted voter education and
outreach would be extremely important in helping people avoid common voting errors.
Mr. Sund explained how the threshold to be elected would be calculated, noting the major
concept to understand is that the threshold would not be recalculated after each round of
tabulation. He stated the threshold would remain the same, SO%+1 of the total ballots cast for
the office, through all rounds of tabulation. He added this could result in a candidate being
elected without reaching the threshold, such as the Minneapolis mayoral race in 2017. He
noted that most other jurisdictions in the United States that use a ranked -choice model, such as
Maine, recalculate the threshold after each round of counting. He emphasized that neither
method would change the candidate that is ultimately elected, it only impacts the percentage
of the vote that is reported to the public.
Study Session Minutes -2- August 6, 2018
Ms. Kennedy noted this is really a question of how council wants the results to be perceived by
the public. She reiterated it does not impact the final result or who is declared the winner.
It was the consensus of the council to support staff's recommendations related to calculating
the threshold to be elected, counting write-ins, and resolving ties.
2.. Immigration
Chief Harcey spoke about the city's community policing philosophy, which relies on their ability
to form partnerships with the community to solve problems and quality of life issues. He stated
the police department works collaboratively with the community, local, state and federal
agencies to enforce state laws and local ordinances. He added to maintain these strong
partnerships with the community, the department does not enforce federal immigration laws
nor have they ever done so. Additionally, the St. Louis Park police do not intent to ask the
immigration status of community members.
Chief Harcey did, however, state the police are obligated by federal law to notify federal
authorities when a person has been arrested by St. Louis Park police for violation of a state or
local law that we are tasked to enforce, if the person has a federal detainer, warrant or alert
assigned by a federal authority.
Councilmember Mavity asked if the St. Louis Park policies differ at all from other cities in
Minnesota. Chief Harcey stated most Minnesota cities are following the same general rules as
St. Louis Park, adding he is not aware of any other cities doing this differently.
Councilmember Mavity asked if any US cities participate less with the federal law as opposed to
participate more. Chief Harcey stated cities are required by federal law to report it to the feds,
if they have a person in custody.
Mr. Mattick added he is not aware of the jurisdictional laws related to border patrol vs.
immigration, but stated he will get that information to the council.
Mayor Spano stated at some point the council will need to make some kind of foundational
statement about children being separated from their parents.
Councilmember Rog asked what consequences there are for cities that don't follow the laws.
Mr. Mattick stated there is a threat of losing federal funding. He added that after push back on
this, federal funding was removed if it was reasonably tied to a specific issue, such as funding
for police departments.
Councilmember Mavity asked because of potential impacts on individuals, when the city
receives a request from ICE, is it reasonable to tell ICE we need 48-72 hours to evaluate the
request, and is there a time limit on a response to a request.
Study Session Minutes -3- August 6, 2018
Chief Harcey stated he would have to research that, adding that typically when a person is in
custody, that becomes public information, so the policy is actually verifying that they have a
person in custody, adding that this information is available through the finger print process.
Councilmember Miller asked as countyjails become more and more full, is it possible for ICE to
ask the city police to hold detainees, and is this worth a council discussion about setting up a
policy proactively. Chief Harcey stated it would not make sense for St. Louis Park police to hold
them. and it also creates more work for staff.
Councilmember Mavity stated the police should be able to take time to verify the accuracy of
information and she would like formal guidance from the city attorney on this.
Councilmember Rog stated she has heard concerns from residents related to fears and rumors
that are coming from what's happening nationally. She stated residents are worried things will
happen locally, and is there a way to get solid information on immigration laws, by possibly
having an event at the high school or going out into the community.
Chief Harcey stated the police have worked with the city's multi -cultural advisory committee on
this, adding this is a good idea to pursue.
Mayor Spano asked the council about passing a resolution on the practices of ICE and
denouncing the practices taking place at the border, as it pertains to the separation of families.
He further asked the council if they would like the city's human rights commission to look at
producing some resolution language, and bringing that to the council for review.
Councilmember Mavity stated she would be interested in doing that, and would support that.
Councilmember Rog stated she would want to conduct due diligence and make sure the city is
not calling media attention to itself, in thinking this is the right thing, but actually not helping.
She added she would like to make sure this is not attention that works against the purposes the
council is aiming to help with.
Councilmember Hallfin stated he would prefer the human rights commission study this, and
provide a recommendation to council, adding he would like to see this fully vetted at the
commission prior to it coming to council for review.
Councilmember Harris agreed that the commission should look at this first, adding she would
appreciated hearing from the human rights commission and multi -cultural advisory board, as
well as the police advisory board, as it is a complex issue. She'd like a deeper dive conversation
and recommendations and weigh in before it comes to the council for review.
Councilmember Brausen added the immigration policy at the borders is abhorrent, however he
is not sure the city can have any direct impact on this. He noted we should not overwork staff
on issues we cannot have impact on, and he doesn't see any purpose in spending time on this
at the council, and would rather not dedicate staff time to this subject.
Study Session Minutes -4- August 6, 2018
Councilmember Miller stated taking on the topic of family separation is worth the discussion,
but noted, however, if the council action on this is purely symbolic it will not have effective
impact.
Mayor Spano stated the council's direction to the human rights commission will be to explore
language for a resolution about the practices of ICE as it impacts St. Louis Park,
Councilmember Hallfin agreed with Councilmember Miller, but added he suggests the
commission study this and make a recommendation, not provide a resolution.
Councilmember Mavity added this particular policy is damaging in St. Louis Park, and is
damaging the trust with our police and our residents, impacting how we engage with our own
residents. She added it is a St. Louis Park issue, and deserves to be elevated so residents know
the council has their back.
Councilmember Miller, however, stated he does not want to make a promise to residents that
the council cannot keep.
Councilmember Mavity agreed with Councilmember Miller on this.
Councilmember Rog added the number one worry she has heard from residents is about
housing, and folks being moved out of St. Louis Park and the schools.
Mayor Spano stated he does not want to create resolutions only for the sake of doing so, but
added this might be an opportunity to articulate what isn't happening in St. Louis Park, and
what is happening in other communities. He stated he finds the behavior and practices at the
border deplorable, immoral and criminal, and would not have a problem saying that St. Louis
Park would not treat our residents that way.
It was the consensus of the council that the human rights commission look into the issue of
immigration enforcement, and how it's carried out in St. Louis Park, and recommend what the
city's police force should and should not do, and create a statement about separation at the
border.
Communications/Meeting Check -In (Verbal)
Councilmember Mavity noted yesterday per the council's resolution, was Tim Titus Day. She
stated Tim retired after 15 years as a barista at Starbucks, adding that KSTP-TV did a spot on
him. She stated it was a lovely event and Mr. Titus was very touched.
The meeting adjourned at 7:15 p.m.