10/28/1991 Council Minutes - Laserfiche WebLink

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155 COUNCIL MINUTES OCTOBER 28, 1991 that this lawsuit appears to be nearing a settlement. He will bring the results of the negotiation back to the City Council for their review and approval. The Council took a five (5) minute recess at 8:20 P.M. OLD BUSINESS Charter Commission Appointments - Mr. Hawkins explained that questions regarding the appointment process to this commission have been raised. He noted that there were nine (9) vacancies. One (1) appointment is needed to complete the remaining two (2) years of a term and eight (8) appointments are needed to fill the terms that expired August 31, 1991. Mr. Hawkins read the State Statute regarding the appointment process. He also noted that the City received a copy of a letter written by the Charter Commission Chairman, Jeanne Goldade to Judge Gibbs listing nine (9) names that she had recommended to Judge Gibbs to fill the vacancies. Mr. Hawkins and Mr. Schumacher felt this matter should be brought to the attention of the City Council and this was done on August 26, 1991. The Council instructed Mr. Schumacher to write to the Judge and ask for an extension of time to allow the City to advertise the Charter Commission vacancies and to prepare a list of recommended appointments. The Council met on September 9, 1991 and voted on a list of nine (9) nominations for the vacant positions. The list was transmitted to Judge Gibbs by Mr. Hawkins. Judge Gibbs appointed the list submitted by the City Council because the Charter Commission had not met to officially recommended a list of appointments. According to State Statute 410.05, Subd. 3. Commission appointment; nominees, Judge Gibbs appointed from the only list meeting State Statute requirements. Mr. Hawkins explained that the State Statutes do not provide for private citizens to recommend Charter Commission appointments. Mr. Hawkins also noted that the Charter Commission could not make a recommendation without meeting and complying with the open meeting law. Council Member Reinert was concerned because Mr. Hawkins appeared to be speaking for the City Council in his letter to Judge Gibbs dated September 13, 1991. He also did not agree that the Chairman of the Charter Commission could not submit names to Judge Gibbs for the Charter Commission. He said he felt that citizens should be able to have their names submitted to the Judge by any organization. Council Member Reinert said he felt Mr. Hawkins letter said, "disregard the Charter Commission Chairman's letter and use only the City Council's list of nominees ". Mr. Hawkins explained that the Council had voted unanimously to submit their own list. He had no problem with the Charter Commission Chairman submitting her own list. Council Member Reinert said it appeared to him that the City Attorney was PAGE 13 1 1 1