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Home My WebLink About11-24-2002 Mounds View Charter Commission Minutes • Special Meeting November 24,2002 1. Call to order—The meeting was called to order by Chair J. Thomas at 3:05 p.m. at the Mounds View Community Center public meeting area. 2. Roll Call—Present-J. Thomas,M. Sandback, B.Amundsen,M. Amirahmadi, B. Jahnke, D. McCarty, J. Miller, W. Mori, W. Werner, Sr. Absent—D. Freimuth,B. Doty,D. Sach Le, S. Linke,D. Mondoza, R. Stigney 3. Approvals of agenda——Mounds View Charter Commission By-Laws Article III, Section 2 state "The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct additional business." 4. Business— Review and possible reconsider or rescind of motion about letter to Mounds View Police Civil Service Commission made at the November 14,2002 meeting. Motion by W. Werner, Sr., J. Miller to rescind the motion requesting Chair Thomas to send second a by letter to the Police Civil Service • Commission and City Council asking for a one month delay in the process of selecting a Chief of Police, allowing the Mounds View Charter Commission time to review Chapter 7.02 of the Charter and its potential application to the Police Civil Service Commission. UNANIMOUS APPROVAL 5. Adjournment—Motion D. McCarty, second by W. Werner, Sr. To adjourn at 3:25 p.m. UNANIMOUS APPROVAL Respectfully submitted, Brian Amundsen, Secretary • City of CHARTER COMMISSION SPECIAL MEETING Mounds 3:00 PM-Sunday, Nov 24, 2002 View Mounds View City Hall Council Chambers Charter Commission Preliminary AGENDA j/ Chair 1. Call to Order eC' Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michele Sandback 763-783-1770 —Jonathan J Thomas —Bill Doty — Duane McCarty _Michele Sandback _Bradley Jahnke Jean Miller 2"d Vice Chair Daniel Freimuth Daniel Sach Le William Mori Daniel Freimuth — — — 763-780-3371 = —Brian Amundsen — Sharon L Linke —Roger Stigney —Mary Amirahmadi Dana Ray Mandoza _William Werner,Sr Secretary Brian Amundsen 763-786-5699 3. Approval of agenda Mary Amirahmadi Review and approve agenda 763-786-3477 Bill Doty 76 86-3421 c. 4. Business Jahnke 76 - 80-4900 30 min Review and possibly reconsider the motion about a letter to the Mounds View Police Civil Service Commission made at the Nov 14, 2002 meeting. Daniel Sach Le 763-783-6943 5. Adjournment Sharon L Linke 763-786-4696 Dana Ray Mandoza 763-784-8942 Duane McCarty 763-784-6074 Jean Miller 763-786-3959 William Mori 763-784-3645 Roger Stigney 763-786-3156 William Werner Sr A. 04-3603 Preliminary Draft City of Mounds Nov 24, 2002 View In E Mounds View City Council Attention: Kathleen Miller, City Clerk-Administrator Charter Commission I Mounds View City Hall i Chair Mounds View City Council: Jonathan J Thomas 763-784-5205 At our last regularly scheduled Mounds View Charter Commission meeting,Nov 14, 2002, Vice Chaira member of the Charter Commission that is also a member of the Police Civil Service Michele Sandback it Commission presented an issue relating to the interpretation of the Mounds View Charter, 763-783-1770 gi ig. Section 2.02. There appears to be a conflict with the validity of the Police Civil Service 2" Vice Chair Commission providing an administrative function for the city under the current wording of Daniel Freimuth the Charter. 763-780-3371 M We would like to note, for the record, that although the Charter Commission can provide an Secretary ;,1 opinion on such matters, it is the City Council and its legal counsel that has the authority to Brian Amundsen RI interpret the Charter, not the Charter Commission. This fact was previously confirmed by the 763-786-5699 League of Minnesota Cities' charter expert in his testimony before our commission. Mary Amirahmadi 763-786-3477 --- It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the Bill Doty existence of any appointed commission that would serve in an administrative role. It was 763-786-3421 = also noted that the Police Civil Service Commission was formed and has served continuously since prior to the Charter and that in over twenty years it has not been challenged. B Jahnke 76s- 80-4900 The Charter Commission held a special meeting on Sunday Nov. 24, 2002 and reviewed this Daniel Sach Le issue with the following recommendations for future consideration by the City Council: 763-783-5943 • The City Council could request that the Charter Commission review Section 2.02 of the Sharon L Linke NCharter specifically excluding the Police Civil Service Commission and such other 763-786-4696 commissions as it may deem necessary, from the restriction of not allowing any Dana Mandoza commissions that would serve in an administrative function. 763-784-8942 0 • The City Council could abolish the Police Civil Service Commission defined by Duane McCarty Section 404 of the City Code and Minnesota Statute 419.16 which according to 763-784-6074 Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then Jean Miller .= the City Council could amend Section 404 of the City Code to create an advisory only 763-786-3959 Police Civil Service Commission. William Mori • Although recognizing the conflict existing in Section 2.02 of the Charter, the City 763-784-3645 Council could continue to operate the Police Civil Service Commission pursuant to the Roger Stigney existing City Code and Minnesota Statute. 763-786-3156 s 41 Respectfully submitted, William Werner Sr 763-784-3603 • Jonathan Thomas, Chair11 Brain Amundsen, Secretary Mounds View Charter Commission Mounds View Charter Commission Minutes Special Meeting November 24,2002 1. Call to order—The meeting quorum formed outside city hall,because the building was locked and inaccessible. After unsuccessfully attempting to reach personnel who might have keys to city hall, a consensus of the members agreed to move the meeting across the street to the Mounds View Community Center. Chair J. Thomas was directed and did post notice on city hall front door that meeting was moved to the Mounds View Community Center public space. Meeting was called to order by Chair J. Thomas at 3:05 p.m. at the Mounds View Community Center public meeting area. 2. Roll Call—Present-J. Thomas,M. Sandback,B. Amundsen,M. Amirahmadi, B. Jahnke,D. McCarty,J. Miller, W. Mori,W. Werner, Sr. Absent—D.Freimuth,B. Doty,D. Sach Le, S. Linke,D.Mondoza, R. Stigney 3. Approvals of agenda——Mounds View Charter Commission By-Laws Article III, Section 2 state "The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct additional business." • 4. Business— � Review and possibly reconsider or rescinde1"motion about letter to Mounds View Police Civil Service Commission made at the November 14,2002 meeting. Motion by W. Werner, Sr., second by J. Miller to rescind the motion requesting Chair Thomas to send a letter to the Police Civil Service Commission and City Council asking for a one month delay in the process of selecting a Chief of Police, allowing the Mounds View Charter Commission time to review Chapter 7.02 of the Charter and its potential application to the Police Civil Service Commission. UNANIMOUS—APPROVAL 5. Adjournment—Motion D. McCarty, second by W. Werner, Sr. To adjourn at 3:25 p.m. UNANIMOUS APPROVAL Respectfully submitted, Brian Amundsen, Secretary 4 -/ ► I I