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HomeMy WebLinkAbout10-09-2003 Mounds View Charter Commission October 9,2003 S Mounds View Charter Commission Minutes Meeting October 9, 2003 1. Call to Order—The meeting came to order at 7:05 p.m. 2. Roll Call—Present—B. Doty, B. Mori, M. Sandback, B. Thomas, J. Thomas,W. Werner, Sr. Absent--B.Amundson, M. Eenigenburg, D. Freimuth,-47-Millep Excused—B. Amundsen, J. Miller 3. Approval of agenda and minutes *Note: Item 8,number 3 from September 11, 2003 minutes was removed from the October 9, 2003 agenda because 2 members had given notice that they will have to leave the meeting early tonight. Motion by B. Mori, second B. Doty to approve agenda as written UNANIMOUS APPROVAL Motion by B. Doty, second B. Mori to approve minutes of September 11, 2003 4—AYES 2—ABSTENTIONS • 4. Citizens comments from the floor None presented. 5. Reports of the Chair Chair acknowledged the resignation of D. Mandoza. Chair acknowledged the district court's official continued appointments of Jean Miller and Bill Mori. Chair acknowledged the new appointment of Barbara Thomas. Chair recognized that with the new appointments we are a membership of 10 officially appointed bodies. 6. Reports of members Member B. Doty questioned school district voting information being forwarded to Charter_Commission members using_city-paid_postage. 7. Unfinished Business a. Motion by W. Werner, second B. Doty to submit Resolution 2003-04 as written. UNANIMOUS APPROVAL b. Motion by B. Doty, second B. Mori to adopt draft replacement 10/09/03 of Chapter 5 and submit to the city as Resolution 2003-05. UNANIMOUS APPROVAL *Note: these Resolutions are being submitted to the City under State Statute 410.12, subd. 7,per the Charter Commission By-Laws Method 1, which states: Such an • Ordinance must be published in the official newspaper two weeks prior to a public hearing on the matter and then requires an affirmative vote of all members of the City Council. Mounds View Charter Commission October 9,2003 • Mounds View Charter Commission Minutes Meeting October 9, 2003 8. New Business Discussion of next month's agenda items to include: 1. Chapter 7.06 language 2. Chapters 10 and 11 • Prepare for the possible deletion of and/or possible references to State Statutes 3. 7.12 recommended deletion 4. Approval of Chair's annual report summarizing the activities and accomplishments of the Commission for the calendar year. 9. Adjournment Motion by B. Doty, second by W. Werner to adjourn. Meeting adjourned at 7:59 p.m. 41111 air,Ova 41,4- etelt-e-u-atiV - AtAl .,4111 „ diw /i/i,/z S City of 111 CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, October 9, 2003 View Ma Mounds View City Hall Council Chambers �k 1 OPer Commission `; Preliminary AGENDAS Chair 1. Call to Order Jonathan J Thomas t/V Y 1 763-784-5205 2. Roll Call Vice Chair Michele Sandback 763-783-1770 _ Jonathan J Thomas _ Bill Doty _ Barbara Thomas Michele Sandback _ Matthew Eenigenburg _William Werner, Sr 2"Vice Chair Daniel Freimuth Jean Miller Daniel Freimuth 763-780-3371 _ Brian Amundsen _ William Mori Secretary Brian Amundsen ' 3. Approval of agenda and minutes 763-786-5699 Bill Doty Review and approve agenda 763-786-3421 Approval of September 11, 2003 Minutes Matthew Eenigenburg 763-783-7216 4. Citizens comments from the floor iller 763- 6-3959 p 5. Reports of the Chair William Mori Resignation of Dana Mandoza. Appointment of Jean Miller, Bill Mori and 763-784-3645 Barbara Thomas by the District Court Judge. Barbara Thomas 763-780-6226 6. Reports of members • William Werner Sr 763-784-3603 7. Unfinished Business 45 min Review Proposed Resolution 2003-04 15 min Review of changes for Chapter 5. t. ii 8. New Business p 15 min Discuss next month's and future agenda items. 9. Adjournment I 0 li City of'' Resolution No. 2003-05 Mounds View Charter Commission Mounds Dated October 10, 2003 • View Whereas, the Mounds View Charter Commission is reviewing the lists of past Charter 1 requests for housekeeping and clarification updates to sections of the Mounds View Commission Charter that have caused confusion or seem to be semantically incorrect. Chair The Mounds View Charter Commission acting under Minnesota Statute 410.12 Jonathan J Thomas Subdivision 7, recommends the following amendments by the replacement in its 763-784-5205 entirety of Chapter 5 of the Mounds View Charter with the following replacement language. The Mounds View Charter Commission requests the City Council adopt Vice Chair 1 by ordinance those items it is in unanimous agreement with. We also request a Michele Sandback response within 60 days with recommendations for modifications to any wording 763-783-1770 that the City Council deems not acceptable as presented. 2"d Vice Chair Daniel Freimuth i INITIATIVE, REFERENDUM AND RECALL 763-780-3371 Section 5.01. General Voter Authority. The people of Mounds View have Secretary Brian Amundsenri the right, in accordance with this Charter, to propose ordinances [initiative] and to 763-786-5699 4require that any ordinance be referred to the voters [referendum], except those that appropriate money or levy taxes. The voters also have the right to remove elected Bill Doty public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 763-786-3421 residents of the City of Mounds View who first register, or who have registered and Matthew Eenigenburg are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to 76403-7216 sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. Jean Miller • 763-786-3959 Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be sponsored by a committee of five or more voters of the City William Mori 763-784-3645 whose names and addresses appear on the petition. A petition consists of one or more pages with each separately circulated page containing at its head the Barbara Thomas information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 763-780-6226 initiative, referendum and recall. The committee may obtain a sample petition from ' the city Clerk-Administrator. All petition circulators must be voters of the City. Each William Werner Sr separate page of the petition must have appended to it a certificate by the 763-784-3603 circulator, verified by oath. The certificate shall affirm that each signature was made in the circulator's presence and that the circulator believes them to be the genuine i signature of the voter whose name it purports to be and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. Any voter whose name appears on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in • the most recent Presidential election.. For a petition to be sufficient, the required number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. Page 1 of 3 _ . I i 1 • Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of the determination and its sufficiency to the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator determines that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have 30 calender days in which to file additional signature papers and/or to correct the specified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition. The Council must act upon the proposed ordinance within 60 calendar days after final determination of the • petition's sufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the proposed ordinance and must provide such amendments to the petition committee. A majority of the sponsoring committee of the petition may disapprove the amended form by filing a statement with the Clerk-Administrator within 14 calendar days of the receipt of the amended ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to be submitted to the voters for enactment. Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies a later effective date. Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page the exact text of the measure to be considered by the voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from enactment, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special Page 2 of 3 A A r‘i V G election to take place within 90 calendar days of said meeting. If a majority of the voters voting • thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority vote against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, the name of the official whose removal is sought, the grounds for recall constituting malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- Administrator shall also officially notify the official sought to be recalled of the sufficiency of the petition and of the pending action within five working days. Within five working days of notification, the official may provide an answer stating the justification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. The Clerk-Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the answer of the official concerned or a statement stating no answer was received. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. Respectfully submitted, 1.0 41IP Jonathan J Thomas, Chair Brian Amundsen, Secretary • Page 3 of 3 ffi City©f Resolution No. 2003-04 Mounds View Charter Commission oundsDated October 10, 2003 4ii View Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for Charter ` housekeeping and clarification updates to sections of the Mounds View Charter that have Commission caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Chair Subdivision 7, recommends the following amendments by the addition of the Jonathan J Thomas bold and double underlined language and by the deletion of the 763-784-5205 language. The Mounds View Charter Commission requests the City Council adopt by Vice Chair ordinance those items it is in unanimous agreement with. We also request a response Michele Sandback within 60 days with recommendations for modifications to any item that the City Council 763-783-1770 deems not acceptable as presented. . 2"Vice Chair Section 2.06. The Mayor's Power and Duties. Daniel Freimuth 763-780-3371 Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a vote as a member. The Mayor shall be recognized as head of the City Government for all Secretary ceremonial purposes, by the courts for the purpose of serving civil process, and by the Brian Amundsen Governor for purposes of martial law. t Other than for the purposes specifically 763-786-5699 stated in this paragraph, as an individual, the Mayor shall have no administrative Bill Doty duties authority. 763-786-3421 • Section 4.05 Vacancy of Municipal Elected Office. Ma ew Eenigenburg • 76 -7216 Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall Jean Miller coincide with the regular election. If the vacancy occurs within sixty days prior to the 763-786-3959 regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the 120 day period before a regular municipal election, the vacancy William Mori occurs in the office of the Mayor or in the office of either or both of the Councilmembers 763-784-3645 n whose seats are to be decided in the election, said vacancy shall be considered not to exist Barbara Thomas for purposes of the election. However, if such vacancy occurs in the office of either of the 763-780-6226 other two Councilmembers, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth William Werner Sr highest vote totals. Where two vacancies exist, the candidate with the third highest total 763-784-3603 shall fill the vacancy in the office having the longest unexpired term. Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, condemnation, or otherwise, any real property, either within or without its boundaries, that may be needed by the City for any public purpose. In acquiring property by exercising the power of eminent domain, the City shall•proceed according to Minnesota law, Chapter 117 as amended, or other applicable items. Respectfulla us t=edSk ,III. - • 16,.. A.,,,,c202 Jonathan J Thomas, Chair Brian Amundsen, Secretary CYO/of Mounds View Charter Commission Annual Report !Mounds (Draft Copy) View November 13,2003 Charter Honorable J. Thomas Mott, Chief Judge Commission ; Ramsey County District Court 1010 Courthouse Chair 15 W. Kellogg Blvd Jonathan J Thomas Saint Paul, MN 55102 763-784-5205 Honorable Judge Mott: Vice Chair Michele Sandback 763-783-1770 SUMMARY OF COMMISSION ACTIVITY: October '02 through October '03 2°d Vice Chair October 10, 2002 Daniel Freimuth Candidates for City Council and Mayor answered questions as presented by 763-780-3371 the Charter Commission and residents in attendance. Annual report for Secretary 2002 was approved. Brian Amundsen 763-786-5699 November 14,2002 Discussion of list of items for future consideration and sorted items as Biu Doty Categories 1, 2 and 3. Commission Officers elected: Jonathan Thomas, 763-786-3421 Chair; Michele Sandback, Vice Chair; Daniel Freimuth, Second Vice Chair; do.atthew Eenigenburg and Brian Amundsen, Secretary. Discussion regarding selection process for 783-7216 Chief of Police and review of Chapter 2.0 in regard to the Police Civil Service Commission. Approved letter requesting one month delay in filling the Jean Miller position. 763-786-3959 William Mori November 24, 2002 - SPECIAL MEETING 763-784-3645 Discussion regarding rescinding the motion approving letter requesting a delay in the hiring of the Police Chief. Approval was rescinded. Barbara Thomas 763-780-6226 December 12, 2002 William Werner Sr Meeting adjourned due to lack of a quorum. 763-784-3603 January 9, 2003 Approval of Resolution 2003-01 setting the regular meeting schedule through July of 2003. Discussion of documentation researched in regard to Charter, Chapter 4, Section 4.05, Subd. 5. Approval of draft language to amend Chapter 2, Section 2.06 Subd. 1. Continued discussion of Section 4.02, Chapter 5, Chapter 9, Section 9.01. February 13, 2003 Meeting adjourned due to lack of a quorum. March 13, 2003 Meeting adjourned due to lack of a quorum. Sub-committee discussion • Category 1 items, Chapters 2, 4, 5, and 9 of the Charter. Page 1 of 2 S April 10, 2003 Meeting adjourned due to lack of a quorum. May 8, 2003 Continued discussion in regard to Section 2.02 and the Police Civil Service Commission. Letter to City Council requesting a collaborative effort to address conflicting language approved. Continued review of Category 1 items: Chapter 2, 4, 5 and 9. Discussion of Chapter 7, Sections 7.03 and 7.06. Approval of letter requesting removal of non-attending members per commission by-laws. June 12, 2003 Continuing discussion of Chapter 7, Sections 7.03 and 7.06. Mounds View Finance Director, Charlie Hanson made a presentation regarding City budgeting and time-lines as well statutory requirements. Discussion and approval of Charter Commission by-laws amendment changing commission membership from 15 to 11 members. Discussion of Chapter 5. July 10, 2003 Meeting adjourned due to lack of a quorum. August 14, 2003 Discussion of Proposed Resolution 2003-04 including Chapter 2, Section 2.06 and Chapter 9, • Section 9.01. Review of changes to Chapter 5 including a draft replacement option dated 8/8/03 from the Chair. September 11, 2003 Continuing discussion of Chapter 5 and draft replacement option 9/11/03. October 9, 2003 Discussion and approval of Resolution 2003-04 adding Chapter 4, Section 4.05. Discussion and approval of Chapter 5 draft replacement option 10/9/03 as Resolution 2003-5. Respectfully submitted, Jonathan J Thomas, Chair Brian Amundsen, Secretary • Page 2 of 2 I CHAPTER 5 (Draft Replacement Option 10/9/2003) 2 IIIINITIATIVE, REFERENDUM AND RECALL Section 5.01. General Voter Authority. The people of Mounds View have the right, in 6 accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance 7 be referred to the voters [referendum], except those that appropriate money or levy taxes. The 8 voters also have the right to remove elected public officials [recall]. The term voter(s), as used in 9 Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have 10 registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to 11 sign the petition is not restricted to only those who were eligible to or did cast ballots in the 12 previous election. 13 14 Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be 15 sponsored by a committee of five or more voters of the City whose names and addresses appear 16 on the petition. A petition consists of one or more pages with each separately circulated page 17 containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, 18 respectively, to initiative, referendum and recall. The committee may obtain a sample petition 19 from the city Clerk-Administrator. All petition circulators must be voters of the City. Each 20 separate page of the petition must have appended to it a certificate by the circulator, verified by 21 oath. The certificate shall affirm that each signature was made in the circulator's presence and 22 that the circulator believes them to be the genuine signature of the voter whose name it purports 23 to be and that each signer was presented with the full petition. Each signer of a petition must be 24 a voter of the City and must sign and print their name and give their street address. Any voter 25 whose name appears on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the etition. 29 Section 5.03. Determination of Petition Sufficiency. The committee must file the completed 30 petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number 31 of total ballots cast for President in the most recent Presidential election. For a petition to be 32 sufficient, the required number of signatures shall be a percentage of that number. 33 • Petitions for Initiative and Referendum require at least 15 percent. 34 • Petitions for Recall, at least 25 percent. 35 Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its 36 sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of 37 the determination and its sufficiency to the Council at or before the next regularly scheduled 38 meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the 39 petition by resolution including the reported date of determination of sufficiency. 40 41 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator 42 determines that the sufficiency of a petition cannot be declared, it shall be determined to be 43 insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with 44 a written statement of its defects, to the sponsoring committee. The committee shall have 30 45 calender days in which to file additional signature papers and/or to correct the specified 46 irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator 47 shall determine the sufficiency of the petition as corrected and proceed as directed in Section 48 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and 49 the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or regular shall not prejudice the filing of a new petition for the same purpose. Except in the case f a petition for recall, it shall not prevent the Council from referring the subject matter of the 53 petition to the voters at the next regular or special election. 54 Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the 55 proposed ordinance must be stated at the head of each page of the petition. The Council must okact upon the proposed ordinance within 60 calendar days after final determination of the petition's ufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the roposed ordinance and must provide such amendments to the petition committee. A majority of 59 the sponsoring committee of the petition may disapprove the amended form by filing a statement 60 with the Clerk-Administrator within 14 calendar days of the receipt of the amended ordinance. If 61 the sponsoring committee does not file disapproval, the ordinance is not required to be submitted 62 to the voters for enactment. Upon filing a statement of disapproval, the proposed ordinance, as 63 stated on the original petition, must be placed on the ballot at the next election occurring in the 64 City. If there is no regularly scheduled election within 120 calendar days of the determination of 65 sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this 66 Charter, at or before its next regularly scheduled meeting, the Council shall call a special election 67 to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in 68 its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies 69 a late(effective date. 70 71 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as 72 in any way affecting the right of the voters to propose amendments to this charter. 73 74 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be 75 subjected to a referendum by a petition which shall state at the head of each page the exact text 76 of the measure to be considered by the voters. If the petition is found to be sufficient under the 77 provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from 78 enactment, and the subject matter of the petition shall be placed on the ballot at the next election 04 occurring in the City. If there is no regularly scheduled election within 120 calendar days of the etermination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter of this Charter, upon declaration of sufficiency, the Council shall immediately call a special 82 election to take place within 90 calendar days of said meeting. If a majority of the voters voting 83 thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority vote 84 against the ordinance contained in the petition, it shall be considered repealed upon certification 85 of the election results. 86 87 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official 88 of the City by petition. The petition shall state at the head of each page, or attached thereto, the 89 name of the official whose removal is sought, the grounds for recall constituting malfeasance or 90 misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring 91- about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to 92 circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this 93 chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- 94 Administrator shall also officially notify the official sought to be recalled of the sufficiency of the 95 petition and of the pending action within five working days. Within five working days of 96 notification, the official may provide an answer stating the justification of their course of action in 97 not more than 500 words. If there is no regularly scheduled election within 120 calendar days of 98 the determination of sufficiency or if the calendar date prohibits compliance with provisions in 99 Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a 10o special election to take place within 90 calendar days of said meeting. The Clerk-Administrator 101 shall include with the published notice of the election, the statement of the grounds for the recall 102 1and the answer of the official concerned or a statement stating no answer was received. If 4a , vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. I CHAPTER 5 (Draft Replacement Option 011112003101912003) 2 3 INITIATIVE, REFERENDUM AND RECALL 4 . 41103Section 5.01. General Voter Authority. The people of Mounds View have the right, in ccordance with this Charter, to propose ordinances [initiative] and to require that any ordinance 7 be referred to the voters [referendum], except those that appropriate money or levy taxes. The 8 voters also have the right to remove elected public officials [recall]. The term voter(s), as used in 9 Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have to registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to ii sign the petition is not restricted to only those who were eligible to or who cast ballots in 12 the previous election. 13 . 14 Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be 15 sponsored by a committee of five or more voters of the City whose names and addresses appear 16 on the petition. A petition consists of one or more pages with each separately circulated page 17 containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, 18 respectively, to initiative, referendum and recall. The committee may obtain a sample petition 19 from the city Clerk-Administrator. All petition circulators must be voters of the City. Each 20 separate page of the petition must have appended to it a certificate by the circulator, verified by 21 oath. The certificate shall affirm that each signature was made in the circulator's presence and 22 that the circulator believes them to be the genuine signature of the voter whose name it purports 23 to be and that each signer was presented with the full petition. Each signer of a petition must be 24 a voter of the City and must sign and print their name and give their street address. Any voter 25 whose name appears on a petition may withdraw their name by filing a statement in writing with 26 the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the 2 petition. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed 30 petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number 31 of total ballots cast for President in the most recent Presidential election. For a petition to be 32 sufficient, the required number of signatures shall be.a percentage of theat number of ballots cast 33 - - - - - : -. 34 • Petitions for Initiative and Referendum require-at least (1 5%) fifteen15 percent. 35 • Petitions for Recall, at least (25%) twenty-five25 percent. 36 — -I.; - • • Within 10 working days of receipt of the petition, the Clerk-Administrator shall 37 determine its sufficiency-a . Upon final determination of sufficiency, the Clerk-Administer 38 shall report the date of the determination and its sufficiency to the Council within fourteen (14) 39 -; -a; a; -. -at or before the next regularly scheduled meeting. Upon receipt of the re eort, 40 the Council shall immediately declare the sufficiency of the petition by resolution at or before its 41 --_. - • -a - - -.4 -including the reported date of determination of sufficiency. 42 43 Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncilClerk- 44 Administrator determines that the sufficiency of a petition cannot be declared, it shall be 45 determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the 46 petition, together with a written statement of its defects, to the sponsoring committee. The 47 committee shall have thirty-(30) calender days in which to file additional signature papers and/or 48 to correct the - • - ' - •- - - .-- aa i - - - 49 so fourteen (14) calendarspecified irregularity. Within five working days of receipt of the corrected s petition, the Clerk-Administrator -- .- a - a =• - -• a - - -• • - -. = - - - ' f the petition is sufficient the Council shall eleelar-edetermine the sufficiency of the petition by esolution at or before its next regularly scheduled sessionas corrected and proceed as directed 54 in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final ss Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the 56 sponsoring committee that no further action will be taken. The final finding that the petition is 57 insufficient or irregular shall not prejudice the filing of a new petition for the same purpose_ 58 Except in the case of a petition for recall, norit shall itnot prevent the Council from referring the 59 subject matter of the petition to the voters at the next regular or special election. IIISection 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the 62 proposed ordinance must be stated at the head of each page of the petition. The Council must 63 act upon the proposed ordinance within 60 calendar days after final determination of the petition's 64 sufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the 65 proposed ordinance and must provide such amendments to the petition committee. A majority of 66 the sponsoring committee of the petition may disapprove the amended form by filing a statement 67 with the Clerk-Administrator within fourteen (14calendar days of Council adoption of the 68 : . .- _ - --. 666 - - - " : he receipt of the amended ordinance. If the sponsoring 69 committee does not file disapproval, the ordinance is not required to be submitted to the voters for 70 enactment. Upon filing a statement of disapproval, the proposed ordinance, as stated on the 71 original petition, must be placed on the ballot at the next election occurring in the City. The 72 Council shall call a special election ilf there is no regularly scheduled election within 120 calendar 73 days of the determination of sufficiency. If a majority of those voting on the ordinance or if the 74 calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its 75 next regularly scheduled meeting, the Council shall call a special election to take place within 90 76 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it shall 77 become effective y30 calendar days after adoption unless the ordinance specifies a later 78 effective date. - - - :6 - - 6 -6 - -• _ - a , " - 6 - 6.- ; 66 6 '; , - - 6 6•- ; - - - - 79 required to be submitted to the voters for enactment. 80 81 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as 481 in any way affecting the right of the voters to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be 85 subjected to a referendum by a petition which shall state at the head of each page the exact text 86 of the measure to be considered by the voters. If the petition is found to be sufficient under the 87 provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from 88 enactment, and the subject matter of the petition shall be placed on the ballot at the next election 89 occurring in the City. If there is no regularly scheduled election is to occur within 120 calendar 90 days afterof the determination of sufficiency of the petitionor if the calendar date prohibits 91 compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the 92 Council shall immediately call a special election to take place within 90 calendar days of said 93 meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it 94 shall remain in effect. If a majority vote against the ordinance contained in the petition, it shall be 95 considered repealed upon certification of the election results. 96 97 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official 98 of the City by petition. The petition shall state at the head of each page, or attached thereto, the 99 name of the official whose removal is sought, the grounds for recall constituting malfeasance or loo misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring 101 about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to 102 circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this 103 chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- 104 Administrator shall also officially notify the official sought to be recalled of the sufficiency of the los petition and of the pending action within five working days. Within five working days of to notification, the official may provide an answer stating the justification of their course of action in of more than 500 words. If there is no regularly scheduled election within 120 calendar days of e determination of sufficiency or if the calendar date prohibits compliance with provisions in 109 Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall . - 110 a . a , a .: - . - . . . - 11 - "'; - - - '; ,, - - - : _ _.. .. , - . - - . 112 _ - a - - _a immediately 113 calla special election to take place within 90 calendar days of said meeting . The 114 Clerk-Administrator shall include with the published notice of the election,•the statement of the etrounds for the recall and, : •- - --a - : - : ,,ii i -, the answer of the official concerned r a statement stating the justification of their course of actionno answer was received. If a 117 vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. 118 • •