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HomeMy WebLinkAbout03-13-2003 • Mounds View Charter Commission Minutes Meeting March 13, 2003 1. Call to order—The meeting called to order at 7:15 p.m. 2. Roll Call—Present- B. Amundsen, B. Doty, D. Freimuth, , J. Miller, W. Mori, J. Thomas, M. Sandback Absent—M. Amirahmadi, D. Mandoza, B. Jahnke, S. Linke, D. McCarty, D. Sach Le, R. Stigney, W. Werner, Sr. 3. Adjournment—The meeting adjourned at 7:18 pm to a sub-committee for purpose of discussion of language in sections of the Charter, City of Mounds View. Respectfully submitted, Brian Amundsen, Secretary • • O/ z3 L1 11111 Mounds View Charter Sub Committee Discussion Minutes Meeting March 13, 2003 1) Open The sub committee discussion began at 7:20 p.m. 2) Present -B. Amundsen, B. Doty, D. Freimuth, , J. Miller, W. Mori, J. Thomas, M. Sandback 3) Discussion of language for Category 1 items by Charter section a) Chapter 2, Section 2.06 The Mayor's Power and Duties i) The definition and meaning of the word"administrative"was researched by a couple of members. Unfortunately, "administrative"is NOT defined anywhere in rules, state statutes, or legal dictionaries. The sub committee members discussed the alternatives of defining"administrative" for the charter versus simply clarify wording and leaving"administrative"undefined. Suggesting clarify language discussion included: (1) Add to end of last phrase of sentence ..no "exclusive" administrative duties. (2) Add to end of last sentence ..."as an individual." (3) Modify last sentence phrase to read.... ,but other than for purposes as stated in this paragraph, as an individual, the Mayor shall have no administrative duties. b) Chapter 4, Section 4.05 Sub 5 i) Discussion of language to clarify the proper filling of vacant council seats. 110 Sub committee members felt there were five scenarios of vacancy that should each have specific steps described to properly fill each. Discussion also occurred around the issue of"at large" filing versus filing for a specific seat. c) Chapter 4, Section 4.02 i) Members felt that a check of state statute reference language and number was needed to properly clarified filing date conformance with state statutes. d) Chapter 5 i) Members discussed the confusion created by multiple use of reference to residence, elector, voter, and qualified voter, etcetera in this chapter. Members felt the following sections language clarifications should be considered by each member over next month to bring comments to next Commission meeting for setting language suggestions (1) Sec 5.02 change references of person to "registered voter".. (2) Sec 5.03 change to "qualified voter" for elector. (3) Sec 5.04, 5.05, 5.06, 5.07, 5.08 change all references to "voter" (4) Where ever"resident" or"registered voter"is used then instead read as "qualified and registered voter". e) Chapter 9, Section 9.01 i) Members discussed adding"as amended" after the reference to State Statute. 4) Close The sub committee adjourned at 8:55 pm Respectfully submitted, 11111 Brian Amundsen, Secretary Section 4.02 Candidates, filing for office Subdivision 1. Affidavit of candidacy. An individual resident of the City who is eligible under state laws and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the same form as that in section Minn.Stat. Section 204B.06, subdivision 1. The municipal clerk shall also accept an application signed by not less than five qualified voter residnets of the City and filed on behalf of an eligible voter/resident in the City whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation. Subd. la. Filing period. For all elected city positions, an affidavit of candidacy must be filed not more than 70 days and not less than 56 days before the municipal general election. This time period for filing shall be amended in compliance with Minn.Stat. Section 205.13 governing municipal elections should changes be made by the state legislature. Subd. lb. Absent candidates. A candidate for a elected City position who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days • immediately preceding the candidate's absence from the state. Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the City Clerk shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The Clerk shall then post a similar notice at least ten days before the first day to file affidavits of candidacy. Subd. 3. Filing fees. Unless City charter is amended by law,the amount of the fee for filing an application or affidavit of candidacy for city office,the filing fee for a municipal office is $5 in compliance with state laws for second and third class cities. Subd. 4. Petition in place of fees. A candidate for municipal office may file a petition in place of the filing fees specified in subdivision 3. The petition shall meet the requirements of Minn.Stat. Section 204B.11, subdivision 2. Subd. 5. Withdrawal. A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter,no candidate may file an affidavit of withdrawal. • Subd. 6. Content of affidavit of candidacy (a) An affidavit of candidacy shall state the name of the office sought and shall state that the candidate: (1) is an eligible resident voter; (2)has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election; (3) is, or will be on assuming the office,21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election. An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community. An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less. (b) This subdivision does not apply to a candidate for president or vice- president of the United States. Subd. 7. Major party candidates.A candidate who seeks the nomination of a major political party for a partisan office shall state on the affidavit of candidacy that the candidate either participated in that party's most recent precinct caucus or intends to vote for a majority of that party's candidates at the next ensuing general election. Subd. 8. Particular offices. Candidates who seek nomination for the following offices shall state the following additional information on the affidavit: (a) for county, municipal, school district, or special district office,that the candidate meets any other qualifications for that office prescribed by law. Subd.9. Candidates; filing fees; petition in place of filing fee 41110 (a) Amount; dishonored checks; consequences. Except as provided by subdivision 3, a filing fee shall be paid by each candidate who files an affidavit of candidacy. The fee shall be paid at the time the affidavit is filed.The filing fees received by the City Clerk shall immediately be paid to the county treasurer or to other appropriate party as controlled by law. When an affidavit of candidacy has been filed with the appropriate filing officer and the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, notice to the candidate of the worthless instrument must be sent by the filing officer via registered mail no later than immediately upon the closing of the filing deadline with return receipt requested. The candidate will have five days from the time the filing officer receives proof of receipt to issue a check or other instrument for which sufficient funds are available. The candidate issuing the worthless instrument is liable for a service charge pursuant to Minn.Stat. Section 604.113. If adequate payment is not made, the name of the candidate must not appear on any official ballot and the candidate is liable for all costs incurred by election officials in removing the name from the ballot. Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of candidacy, a candidate may present a petition in place of the filing fee. The petition may be signed by any individual eligible to vote for the candidate. The number of signatures on a petition in place of a filing fee shall be as follows: (a) for any other office which requires a filing fee as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures or five percent of the total number of votes cast in the municipality, ward, or other election district at the preceding general election at which that office was on the ballot. An official with whom petitions are filed shall make sample forms for petitions • in place of filing fees available upon request. , CHARTER COMMISSION MEETING s 7:00 PM Thursday, March 13, 2003 Vi• Mounds View City Hall Council Chambers Charter Commission ? Preliminary AGENDA • Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michele Sandback 763-783-1770 _ Jonathan J Thomas _ Brian Amundsen _ Dana Mandoza Bill Doty —Daniel Freimuth _ Duane McCarty 201'Vice Chair _ Roger Stigney — Bradley Jahnke _William Mori Daniel Freimuth 763-780-3371 — Jean Miller _ Daniel Sach Le _Michele Sandback f. Mary Amirahmadi _ Sharon L Linke _ William Werner, Sr Secretary m A BrianAmundsen Brian un3. Approval of agenda and minutes 763-7Mary Amirahmadi Review and approve agenda 763-786-3477 Approval of Jan 9, 2003 and February 13, 2003 Minutes Bill Doty 4. Citizens comments from the floor 0 lley Jahnke 763-780-4900 5. Reports of the Chair Daniel Sach Le 763-783-5943 6. Reports of members Sharon L Linke 763-786-4696 7. Unfinished Business Dana Mandoza 10 min Review the letter to the City Council re: the conflict in Section 2.02 of 763-784-8942 the Charter relevant to the Police Civil Service Commission. Dunne-McCarty 763-784-6074 30 min Continue review of Category 1 items Jean Miller 763-786-3959 8. New Business William Mori 15 min Discuss next months and future agenda items. 763-784-3645 Roger Stigney 9. Adjournment 763-786-3156 William Werner Sr 763-784-3603 0