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Charter Commission APPROVED April 13, 2006 Page 4 133 Commissioner Bor stated that at the time Commissioner Bening presented this to the Charter 134 Commission, she did not have a lot of background about the motivation. At that time,there was 135 a Councilmember serving a dual role. She stated the verbiage could be clarified and she would 136 ask the Commission to study what the League of Cities says about Code of Conduct. 137 138 Chair Warren recapped that both Commissioner Carlson and Commissioner Bor think this 139 amendment should be reevaluated so it is in alignment with the Code of Conduct. 140 141 Commissioner Bening suggested an additional amendment to add a few words to the amendment. 142 143 Chair Warren drew the Commission's attention to the draft resolution and read the amendment. 144 She noted the underlined words show the proposed amendment to this ordinance. 145 146 City Clerk Bartell stated it was mentioned that a different process is allowed under State Statutes 147 under a vote of the Council. She referenced the October 7, 2005 letter from the City Attorney, 148 third paragraph, advising this is an advisory petition under Subdivision 5 of the State Statutes. 149 That language lays out the process, which is not a vote of the Council but to go to a ballot. 150 151 Commissioner Trehus stated the Commission can propose an amendment to the Charter,the 152 Council can approve it, and it would not require a vote of the residents. However, in this case the 153 Charter Commission does not have this option. 154 155 Commissioner Handrick stated any amendment to the ordinance by the Charter Commission has 156 to go to a vote of the people. Commissioner Trehus stated this is an advisory petition so it is 157 actually determined by a motion of the Council. City Clerk Bartell advised that it falls under 158 Subdivision 5 and is an amendment of the ordinance by the Council. 159 160 Commissioner Storberg suggested a vote be taken on whether it is important enough to put on the 161 ballot. Chair Warren noted that because of the City Attorney's legal opinion,the feeling of the 162 Commission on its importance of being on the ballot may not result in it being on the ballot. 163 Commissioner Storberg stated if the Charter Commission and Council both agree, it does not 164 have to go to the ballot. 165 166 Commissioner Montain pointed out that 528 people signed an advisory petition,the Council 167 recognized it, and passed it on to the Charter Commission. He noted that 528 people expect this 168 to be on a ballot and they and the Council think it rises to the level of importance to include on 169 the ballot. 170 171 Chair Warren stated there are two issues on the table;process and acceptance. She asked if the 172 Commission agrees with this amendment. She stated if the Commission agrees with the 173 amendment then the process can be determined. If not,the process issues do not need to be 174 clarified. 175 4