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Charter Commission April 13, 2006 Page 4 DRAFT 134 135 Commissioner Bor stated that at the time Commissioner Bening presented this to the Charter 136 Commission, she did not have a lot of background about the motivation. At that time, there was 137 a Councilmember serving a dual role. She stated the verbiage could be clarified and she would 138 ask the Commission to study what the League of Cities says about Code of Conduct. 139 140 Chair Warren recapped that both Commissioner Carlson and Commissioner Bor think this 141 amendment should be reevaluated so it is in alignment with the Code of Conduct. 142 143 Commissioner Bening suggested an additional amendment to add a few words to the amendment. 144 145 Chair Warren drew the Commission's attention to the draft resolution and read the amendment. 146 She noted the underlined words show the proposed amendment to this ordinance. 147 148 City Clerk Bartell stated it was mentioned that a different process is allowed under State Statutes 149 under a vote of the Council. She referenced the October 7, 2005 letter from the City Attorney, 150 third paragraph, advising this is an advisory petition under Subdivision 5 of the State Statutes. 151 That language lays out the process, which is not a vote of the Council but to go to a ballot. 152 153 Commissioner Trehus stated the Commission can propose an amendment to the Charter, the 154 Council can approve it, and it would not require a vote of the residents. However, in this case the 155 Charter Commission does not have this option. 156 `. 157 Commissioner Handrick stated any amendment to the ordinance by the Charter Commission has 158 to go to a vote of the people. Commissioner Trehus stated this is an advisory petition so it is 159 actually determined by a motion of the Council. City Clerk Bartell advised that it falls under 160 Subdivision 5 and is an amendment of the ordinance by the Council. 161 162 Commissioner Storberg suggested a vote be taken on whether it is important enough to put on the 163 ballot. Chair Warren noted that because of the City Attorney's legal opinion, the feeling of the 164 Commission on its importance of being on the ballot may not result in it being on the ballot. 165 Commissioner Storberg stated if the Charter Commission and Council both agree, it does not 166 have to go to the ballot. 167 168 Commissioner Montain pointed out that 528 people signed an advisory petition, the Council 169 recognized it, and passed it on to the Charter Commission. He noted that 528 people expect this 170 to be on a ballot and they and the Council think it rises to the level of importance to include on 171 the ballot. 172 173 Chair Warren stated there are two issues on the table; process and acceptance. She asked if the 174 Commission agrees with this amendment. She stated if the Commission agrees with the 175 amendment then the process can be determined. If not, the process issues do not need to be 176 clarified. 177 4 -5-