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Charter Commission April 13, 2006 Page 3 DRAFT 90 L. 91 Commissioner Handrick asked why a petition was presented. Chair Warren explained that 92 Commissioner Bening was involved with drafting the petition and can better speak to that 93 question. She stated it is clear there is a desire to avoid a potential conflict of interest. Chair 94 Warren advised that she had asked the City Clerk if other commissions had adopted similar 95 motions and, in fact, there are none. City Clerk Bartell noted the liaison system existed but not 96 as a voting member. 97 98 Commissioner Montain explained that there have been committees, like the 2020 Plan, where 99 unpaid volunteers and the Mayor and Councilmembers have participated. However, they cannot 100 be on two groups where they received a stipend. 101 102 Commissioner Bening explained that a year ago he had asked for this to be discussed but the 103 Commission decided to not discuss it at any time in the future. However, he felt it was important 104 enough that it should go to the voters and a new State Statute allowed it in last August. He stated 105 he felt it was beneficial to have residents decide that issue and that is what started the petition to 106 get names. He stated instead of trying to follow the petition process laid out in the Charter and 107 State Statutes which bypasses the Council and Charter Commission, he wanted to include them 108 so the petition was presented to the Council. He stated there are 500 some signatures on the 109 petition. 110 111 Commissioner Montain asked why he didn't initiate a referendum instead. Commissioner 112 Bening answered that it was his choice to not do it that way. .... 113 114 Discussion occurred regarding a potential concern that the Charter Commission may become 115 "stacked" by Councilmembers. 116 117 Chair Warren stated the Council decided to go ahead with this and is selecting this time because 118 the situation does not currently exist and would not effect any individual. 119 120 Commissioner Carlson stated the petition says "to stop a conflict of interest." He stated he 121 knows Councilmember Carlson had asked the City Attorney at the March 27 meeting if there was 122 a conflict to serve on both simultaneously and his response was "an unqualified no." He stated 123 that he wants people to consider a change without going to the citizens because this does not rise 124 to the level of going to a ballot. That should be reserved for very important issues that effect the 125 power of the people. He suggested the amendment be approved but modified and sent back to 126 the Council. 127 128 Commissioner Trehus arrived at 7:03 p.m. 129 130 Chair Warren stated the options laid out are to either accept this as it is written and proposed, 131 without change, for the fall vote; delay it for 60 days to study the matter further with notification 132 to the Council; or change it and send it back to the Council where it will either be approved or 133 not. She noted the revised timeline provided to the Commission for those options. 3 - 4 -