05-07-2007 Draft Commission memo to Council re various requests

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Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 651.205.6848 Thai W Vang 763.792.1750 Mounds View City Council (Draft Memo for Charter Commission Review) Attn: City Administrator Mounds View City Hall May 5, 2007 Honorable Mayor & Council Members: The Mounds View Charter Commission would like to request your assistance and direction in regard to a few different issues we have been asked to address. We would like to request Council response to these issues as soon as can be arranged and would be interested in a joint meeting to discuss these items at the Council’s request. The first issue regarding Section 2.02 for Commissions and administrative authority has been discussed by the Charter Commission on multiple occasions and a request for direction regarding the Police Civil Service Commission was sent to the Council in May of 2003. We have not yet received a response and would like to remind the Council of what options the Charter Commission determined were available to the Council: • The City Council could request that the Charter Commission review Section 2.02 of the Charter specifically excluding the Police Civil Service Commission and such other commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. • The City Council could abolish the Police Civil Service Commission defined by Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. In the intervening time, we have come to the conclusion that the Economic Development Authority is also in a similar position. However, the options that were presented to the Council in 2003 for how to address the conflict in language between the Charter and State Statute are not necessarily applicable. The first option would cover all commissions that the Council would choose to include but the second option would only cover the Police Civil Service Commission. Further research into the Economic Development Authority Statutes and what the options for Council action to remove administrative authority would have to be pursued by legal counsel. At such time, the Council could discuss this issue and decide on a direction they would like the Charter Commission to pursue. The second issue is in regard to language in Section 3.02 providing that Council Members be appointed as liaisons for City Departments. This provision has not been met in several years and the Commission would like direction from the Council on how or even if this language should be revised. We merely wanted to bring this conflict to the Council’s attention. The third issue was raised by City Staff at the request of the Council in February of this year. This item is still under discussion by the Charter and staff was given several items to research which have not yet been re-addressed. Any direction the Council could provide on this matter would be helpful. The Charter Commission thanks you for your time and attention on these matters and looks forward to your response Respectfully submitted, _______________________ ________________________ Jonathan Thomas, Chair Barbara Thomas, Secretary