Agenda Packets - 2012/09/24 - Laserfiche WebLink

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Item No: 07A Meeting Date: Sept 24, 2012 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Review Request Submitted by Kathleen Smith for the Removal of Planning Commissioner Gary Rundle Introduction: Kathleen Smith, resident on Spring Lake Road, submitted a formal request to the City dated September 5, 2012 (Received September 10, 2012) for the City Council to consider removing Gary Rundle from the Planning Commission immediately along with barring him from serving in any capacity for any city representative position, volunteer or otherwise. Discussion: According to a police report filed on July 11, 2012, Ms. Smith alleges that Mr. Rundle had been engaging in an ongoing and continual pattern of harassment against Ms. Smith by throwing litter in her yard. Armed with video surveillance evidence which clearly showed Mr. Rundle tossing beverage containers in her yard in early morning hours, Ms. Smith brought her concerns to the Mounds View Police Department. As a result, Mr. Rundle was charged with littering and last month pled guilty and was fined accordingly. The police report is attached for the Council’s reference. Removing a commissioner from office, as Ms. Smith is requesting, has to follow certain procedures as articulated in City Code. Determining whether Mr. Rundle’s actions constitute just cause is left to the discretion of the City Council. Section 401.03 of the City Code indicates, “An appointed member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/5) vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken.” The City Attorney has provided an opinion concerning this matter, speaking to the issue of just cause: “The cause must be one which specifically relates to and affects the administration of the office, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public. The cause must be one touching the qualifications of the official or the official's performance of the official's duties, showing that the official is not a fit or proper person to hold office.” In addition to the above, courts have stated "just cause" means any act of commission or omission that, considered to be in relation to the duty involved, would stamp the person in question as unfit to occupy the position - one whose conduct became inimicable to the public welfare.