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HomeMy WebLinkAboutVarious Docs CYO/of CHARTER COMMISSION MEETING �VIounds 7:00 PM Thursday, December11, 2003 View Mounds View City Hall Council Chambers Charter Commission This meeting has been cancelled due to scheduling Chair conflicts with at least half of the members, making a Jonathan J Thomas 763-784-5205 quorum unattainable. Vice Chair Michele Sandback 763-783-1770 2"d Vice Chair Daniel Freimuth 763-780-3371 Secretary Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Matthew Eenigenburg 083-7216 Jean Miller 763-786-3959 William Mori 763-784-3645 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 • City o f Resolution No. 2003-03 (Preliminary Copy) Mounds Mounds View Charter Commission Dated Jun 12, 2003 • View . The Mounds View Charter Commission acting under its By-Laws, hereby recommends the following Charter Commission amendments to its By-Laws by the addition of the bold and double underlined language and by the deletion of the language to read as follows. Chair Jonathan J Thomas MOUNDS VIEW CHARTER COMMISSION 763-784-5205 BY-LAWS Vice Chair Michele Sandback ARTICLE I - THE COMMISSION 763-783-1770 2"d Vice Chair Daniel Freimuth Section 4. Members. The Commission is composed of 1-511 members. 763-780-3371 Members shall serve during their term and until their successors are appointed and have qualified, pursuant to Minnesota Statues, Section 410.05, as amended. Secretary Brian Amundsen 763-786-5699 Adopted the 12' Day of June 2003. Bill Doty 763-786-3421 Respectfully submitted, Matthew Eenigenburg 763-783-7216 Da 1 Sach Le 763-783-5943 • Jonathan J Thomas, Chair Brian Amundsen, Secretary Mounds View Charter Commission Dana Mandoza 763-784-8942 Jean Miller 763-786-3959 William Mori 763-784-3645 William Werner Sr 763-784-3603 I • • • Clay of Resolution No. 2003-02 (Preliminary Copy) Mounds Mounds View Charter Commission Dated June 12, 2003 • View • Commission Charter C Resolution setting the meeting schedule for Aug. Of 2003 thru Jan. of 2004. Chair • Jonathan J Thomas WHEREAS, at it's June 12th, 2003 meeting the Charter Commission moved, 763-784-5205 seconded and passed the motion to meet at 7:00 PM the second Thursday of each Vice Chair `' month from August of 2003 thru January of 2004. Michele Sandback 763-783-1770 BE IT RESOLVED, that the following dates are hereby submitted to the City 2id Vice Chair Administrator for posting to comply with the Minnesota Open Meeting Law. The Daniel Freimuth meeting dates are: August 7, September 11, October 9, November 13, and 763-780-3371 December 11 of 2003 and January 9, 2004. Secretary Brian Amundsen s Adopted the 12th Day of June 2003. 763-786-5699 Bill Doty 763-786-3421 Respectfully submitted, • Matthew Eenigenburg 763-783-7216 • Da`ll Sach Le 763-783-5943 • Jonathan J Thomas, Chair Brian Amundsen, Secretary Mounds View Charter Commission Dana Mandoza 763-784-8942 Jean Miller 763-786-3959 William Mori 763-784-3645 William Werner Sr 763-784-3603 • • 1 CHAPTER 5 (Draft Replacement Option 6/5/2003) 2 3 INITIATIVE, REFERENDUM AND RECALL 4 5 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 7 ordinance be referred to the voters, except those that appropriate money or levy taxes 8 [referendum]. The voters also have the right to remove elected public officials [recall]. The 9 term voter(s), as used in Chapter 5, shall refer only to qualified and registered voters who 10 reside in the City of Mounds View. 11 12 Section 5.02. Petitions. A petition provided for under this chapter must be sponsored 13 by a committee of five voters of the City whose names and addresses appear on the petition. 14 A petition consists of one or more pages with each separately circulated page containing at 15 its head the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 16 initiative, referendum and recall. The committee may obtain a sample petition from the city 17 Clerk-Administrator. Each signer of a petition must be a voter of the City and must sign and 18 print their name and give their street address. Each separate page of the petition must have 19 appended to it a certificate by the circulator, verified by oath. The certificate shall affirm that 20 each signature was made in the circulator's presence and that the circulator believes them to 21 be the genuine signature of the voter whose name it purports to be and that each signer was 22 presented with the full petition. All petition circulators must be voters of the City. Any voter 23 whose name appears on a petition may withdraw their name by filing a statement in writing • 24 with the Clerk-Administrator before the Clerk-Administrator advises the Council of the 25 sufficiency of the petition. 26 27 Section 5.03. Determination of Petition Sufficiency. The committee must file the 28 completed petition in the office of the Clerk-Administrator. For a petition to be sufficient, the 29 required number of signatures shall be a percentage of the number of ballots cast for 30 President in the most recent Presidential election. Petitions for Initiative and Referendum 31 require at least fifteen percent, and petitions for Recall, at least twenty-five percent. 32 Immediately upon receipt of the petition,the Clerk-Administrator shall determine its sufficiency 33 and report to the Council within ten working days. The Council shall declare the sufficiency 34 of the petition by resolution. 35 36 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines 37 that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient 38 or irregular. The Clerk-Administrator shall deliver a copy of the petition,together with a written 39 statement of its defects, to the sponsoring committee. The committee shall have thirty 40 calender days in which to file additional signature papers and/or to correct the petition in all 41 other particulars, except that, in the case of a petition for recall,the committee may not change 42 the statement of the grounds on which the recall is sought. Within ten working days of receipt 43 of the corrected petition, the Clerk-Administrator must report to the Council on the sufficiency 44 of the corrections. If the Council finds that the petition is still insufficient or irregular, this shall 45 be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and 46 notify the sponsoring committee that no further action will be taken. The final finding that the 47 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same 48 purpose, nor shall it prevent the Council from referring the subject matter of the petition to the • 49 voters at the next regular or special election. • 50 Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text 51 of the proposed ordinance must be state at the head of each page of the petition. The Council 52 must act upon the proposed ordinance within 60 calendar days after final determination of the 53 petition' s sufficiency. The Council may amend the proposed ordinance. A majority of the 54 sponsoring committee of the petition may disapprove the amended form by filing a statement 55 with the Clerk-Administrator within ten working days of Council adoption of the petitioned 56 ordinance. Upon the filing of a statement of disapproval, the proposed ordinance, as stated 57 on the original petition, must be placed on the ballot at the next election occurring in the City. 58 The Council shall call a special election if there is no regularly scheduled election within 120 59 calendar days of the determination of sufficiency. If a majority of those voting on the 60 ordinance vote in its favor, it shall become effective thirty days after adoption unless the 61 ordinance specifies a later effective date. If the sponsoring committee does not file 62 disapproval, the ordinance is not required to be submitted to the voters for enactment. 63 64 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be 65 construed as in any way affecting the right of the voters to propose amendments to this 66 charter. 67 68 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may 69 be subjected to a referendum by a petition which shall state at the head of each page the 70 exact text of the measure to be considered by the voters. If the petition is found to be 71 sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be 72 prevented from enactment, and the subject matter of the petition shall be placed on the ballot • 73 at the next election occurring in the City. If no election is to occur within 120 calendar days 74 after determination of sufficiency of the petition, the Council shall call a special election. If a 75 majority of the voters voting thereon favors the ordinance contained in the petition, it shall 76 remain in effect. If a majority vote against the ordinance contained in the petition, it shall be 77 considered repealed upon certification of the election results. 78 79 Section 5.08. Recall. The voters of the City may request a recall vote of any elected ao official of the City by petition. The petition shall state at the head of each page, or attached 81 thereto, the name of the official whose removal is sought, the grounds for recall constituting 82 malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring 83 committee to bring about the official's recall. The petition shall be filed in the 84 Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under 85 the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall submit it to the 86 Council as required. The Clerk-Administrator shall also officially notify the official sought to 87 be recalled of the sufficiency of the petition and of the pending action within five working days. 88 The Council shall at its next meeting, by resolution, provide for the holding of special recall 89 election within ninety days after such meeting, except if any other election is to occur within 90 the ninety day period after such meeting, the Council may in its discretion provide for the 91 holding of the recall vote at that time. The Clerk-Administrator shall include with the published 92 notice of the election the statement of the grounds for the recall and,also in not more than 500 93 words, the answer of the official concerned in justification of their course of action. If a 94 vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. 95 • • 1 CHAPTER 5 (Draft markup 6/5/2003) 2 3 INITIATIVE, REFERENDUM AND RECALL 4 5 Section 5.01. Powers Reserved by the People. The people of Mounds View 6 reserve to themselves the powers in accordance with the provisions of this Charter to 7 initiate and adopt ordinances and resolutions, to require measures passed by the Council 8 to be referred to the electorate voters for approval or disapproval, and to recall elected 9 public officials. These powers shall be called the initiative,the referendum, and the recall, 10 respectively. The term voter(s), as used in Chapter 5, shall refer to only qualified and 11 registered voters of the City of Mounds View. 12 13 Section 5.02. General Provisions for Petitions. A petition provided for under this 14 chapter shall be sponsored by a committee of five voters of the City whose is names and addresses shall appear on the petition. A petition may consist of one or more 16 papers, but each separately circulated paper shall contain at its head,or attached thereto, 17 the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 18 initiative, referendum and recall. Each signer shall be a registered voter of the City and 19 shall sign their name and give their street address. Each separate page of the petition 20 shall have appended to it a certificate by the circulator, verified by oath, that each 21 signature appended thereto was made in their presence and that the circulator believes 22 them to be the genuine signature of the person voter whose name it purports to be. The 23 person circulator making the certificate shall be aresident voter of the City-and-registered 24 to-vote. Any person voter whose name appears on a petition may withdraw their name by 25 a statement in writingiled with the Clerk-Administrator before said Clerk-Administrator • 26 advises the Council of the sufficiency of the petition. • 27 28 Section 5.03. Determination of Sufficiency. The committee shall file the completed 29 petition in the office of the Clerk-Administrator. The required number of signers shall be 30 at least fifteen percent for initiative and referendum, and for recall, at least twenty-five 31 percent of the total number of electors voters who cast their votes for president at the last 32 presidential election. Immediately upon receipt of the petition, the Clerk-Administrator 33 shall examine the petition as to its sufficiency and report to the Council within ten days. 34 Upon receiving the report, the Council shall determine by resolution the sufficiency of the 35 petition. 36 37 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council 38 determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver 39 a copy of the petition, together with a written statement of its defects, to the sponsoring 40 committee. The committee shall have thirty days in which to file additional signature 41 papers and/or to correct the petition in all other particulars, except that, in the case of a 42 petition for recall, the committee may not change the statement of the grounds on which 43 the recall is sought. Within five days of receipt of the corrected petition, the 44 Clerk-Administrator shall again report to the Council. If the Council finds that the petition 45 is still insufficient or irregular, the Clerk-Administrator shall file the petition and notify the 46 sponsoring committee. The final finding that the petition is insufficient or irregular shall not 47 prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council 48 from referring the subject matter of the petition to the voters at the next regular or special 49 election. 50 • 51 Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall 52 state at the head of each page or attached thereto the exact text of the proposed • 53 ordinance. If the Council passes the proposed ordinance with amendments,and a majority 54 of the sponsoring committee do not disapprove the amended form by a statement filed with • 55 the Clerk-Administrator within ten days of its passage by the Council, the ordinance need 56 not be submitted to the voters. If the Council fails to enact the ordinance in a form 57 acceptable to the majority of the sponsoring committee within sixty days after the final 58 determination of sufficiency of the petition, the ordinance as originally proposed shall be 59 placed on the ballot at the next election occurring in the City. If no election is to occur 60 within 120 days after the filing of the petition, the Council shall call a special election on 61 the ordinance to be held within such period. If a majority of those voting on the ordinance 62 vote in its favor, it shall become effective thirty days after adoption unless the ordinance 63 specifies a later effective date. (Amended, Ord. 650, 8-16-2000) 64 65 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be 66 construed as in any way affecting the right of the electors voters to propose amendments 67 to this charter. 68 69 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may 70 be subjected to referendum by a petition which shall state at the head of each page, or 71 attached thereto, the exact text of the measure to be considered by the electorate voters. 72 If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, 73 the said ordinance shall thereby be prevented from going into operation, and the subject 74 matter of the petition shall be placed on the ballot at the next election occurring in the City. 75 If no election is to occur within 120 days after the filing of the petition, the Council shall call 76 a special election to be held within such period, providing the petition has been found to 77 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in 78 the petition, it shall remain in effect. If a majority of the electors voters voting thereon 79votes against the ordinance contained in the petition, it shall be considered repealed upon 80 certification of the election results. (Amended, Ord. 651, 8-16-2000) 81 82 Section 5.08. Recall. Consideration by the electorate voters of the recall of any 83 elected officer of the City may be initiated by petition. The petition shall state at the head 84 of each page, or attached thereto, a certificate stating the name of the officer whose 85 removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or 86 nonfeasance in office, in not more than 250 words, and the intention of the sponsoring 87 committee to bring about the officer's recall. Such petition shall be filed • in the 88 Clerk-Administrator's office prior to circulation. If the petition or amended petition is found 89 sufficient under the provisions of Section 5.03 of this chapter,the Clerk-Administrator shall 90 transmit it to the Council without delay, and shall also officially notify the person official 91 sought to be recalled of the sufficiency of the petition and of the pending action. The 92 Council shall at its next meeting, by resolution, provide for the holding of special recall 93 election within ninety days after such meeting, except if any other election is to occur 94 within ninety day period after such meeting, the Council may in its discretion provide for 95 the holding of the recall vote at that time. The Clerk-Administrator shall include with the 96 published notice of the election the statement of the grounds for the recall and, also in not 97 more than 500 words, the answer of the officer concerned in justification of their course of 98 office action. If a vacancy occurs due to recall election, Section 4.05 herein shall apply 99 to fill said vacancy. 100 • City of 5 Mounds View Charter Commission Mounds May 8, 2003 4 View y Mounds View City Council er Commission , Attention: City Clerk-Administrator Mounds View City Hall :hair Jonathan J Thomas '63-784-5205 : Honorable Mayor and Mounds View City Council: /ice Chair At the Nov 14, 2002, meeting of the Mounds View Charter Commission, a member of the vlichele Sandback " Commission that is also a member of the Police Civil Service Commission presented an issue '63483-1770 • relating to the interpretation of the Mounds View Charter, Section 2.02. The Charter ,,d Commission has determined at its Jan 9, 2003, meeting that there is sufficient cause to render Vice Chair its opinion toyou on the matter of the validityof the Police Civil Service Commission )aniel Freimuth p '63-780-3371 ..i; providing an administrative function for the city under the current wording of the Charter. secretary We would like to note that although the Commission provides its opinion on such matters, 3rian Amundsen 4. the City Council and its legal counsel have the responsibility to interpret the Charter on 63-786-5699 behalf of the City. This was affirmed by Mr. Duke Addicks, an attorney for the League of vlary Amirahmadi t Minnesota Cities, in his presentation before this Commission on June 14, 2001. 763-786-3477 It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the 3ill Doty 763-786-3421 existence of any appointed commission that would serve in an administrative role. It was '' also noted that the Police Civil Service Commission was formed and has served continuously K Jahnke since prior to the Charter and that in over twenty years it has not been challenged. 00-4900 Daniel Sach Le • The Charter Commission reviewed this issue on Thursday, May 8, 2003, and requests that the 763-783-5943 City Council provide direction to the Charter Commission for our future consideration to pursue one of the following options or other options the City Council may find appropriate. Dana Mandoza 763-784-8942 • The City Council could request that the Charter Commission review Section 2.02 of the Duane McCarty Charter specifically excluding the Police Civil Service Commission and such other 763-784-6074 • commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. Jean Miller 763-786-3959 • • The City Council could abolish the Police Civil Service Commission defined by William Mori Section 404 of the City Code and Minnesota Statute 419.16 which according to 763-784-3645 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 William Werner Sr 763-784-3603 ,: Police Civil Service Commission. • Respectfully submitted, • Jonathan Thomas, Chair Mounds View Charter Commission - Wi,40 Brain Amundsen, Secretary G2ty mounds Resolution No. 2003-01 4 View Mounds View Charter Commission rter Commission Resolution setting the regular meeting schedule for February thru July of 2003. Chair Jonathan J Thomas 763-784-5205 :r Vice Chair WHEREAS, at its Jan 9th, 2003 meeting the Charter Commission passed the motion to meet Michele Sandback at 7:00 PM the second Thursday of each month from February of 2003 thru July of 2003. 763-783-1770 2°d Vice Chair BE IT RESOLVED, that the following dates are hereby submitted to the City Clerk- Daniel Freimuth Administrator for posting to comply with the Minnesota Open Meeting Law. The meeting 763-780-3371 dates are: February 13, March 13, April 10, May 8, June 12 and July 10 of the year 2003. Secretary Brian Amundsen Adopted the 9th Day of January 2003. 763-786-5699 Mary Amirahmadi '' Respectfully submitted, 763-786-3477 if All '.,.`: 41111111111Mnivellikb".. 14. VOA 0 , Bill Doty fi / -/% 0/ / , d/ 763-786-3421 Jonathan Thomas, Chair Brain Amundsen, Secretary y Jahnke Mounds View Charter Commission f 0-4900 i Daniel Sach Le ; 763-783-5943 z. Sharon L Linkeii 763-786-4696 Dana 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 4-3603 763 CITY OFFICERS: REMOVAL: City charter may not provide for removal of council member by council. Grounds for removal of elected local official must amount to malfeasance or nonfeasance in office. Minn. Const. art. VIII, § 5; art. XII, §§ 3, 4. Minn. Stat. §§ 351.02, 351.14, 410.07, 410.20. • 59a-30 July 24, 1996 John B. Dean Attorney at Law Kennedy 8, Graven 470 Pillsbury Center Minneapolis, MN 55402 Dear Mr. Dean: In your letter to Attorney General Hubert H. Humphrey III you set forth substantially the following: FACTS The City of Richfield operates under a home rule charter adopted in 1964. Recently the Charter Commission submitted a proposed charter amendment regarding council member attendance at regular council meetings. If amended, Section 2.05 of the charter would read, in relevant part, as follows: Section 2.05 Vacancies. Subdivision 1. Existence (2)As soon as it is determined that a Council Member is ineligible because of any of the following reasons: . . . (viii) failure of a council member to attend six regular council meetings during a six-month period which would constitute non-feasance in office, the Council shall by resolution at a regular or special council meeting, declare 410 a vacancy on the Council to exist. [Underlined material is the amendment proposed by the charter commission]. You then ask substantially the following questions: QUESTION ONE Except in situations involving such matters as death, resignation or moving away of the elected official, does the city have authority, through the proposed amendment, to provide for removal from office, for any reason, without the vote of the electors of the city? OPINION Your question is answered in the negative. The specific situations which you mention in your question are all considered to create vacancies in elective office pursuant to Minn. Stat. § 351.02 (1994). These vacancies occur upon the happening of the specific event directly related to the officer's qualifications, ability, or willingness to hold the office in question. While a governing body or other authority might identify and declare the facts giving rise to these vacancies, for all practical purposes they occur automatically and are not based upon any removal action. However, nowhere in Minn. Stat. § 351.02 is the city given the ultimate authority to declare a vacancy for any reason not explicitly stated in the statute. Minn. Stat. § 351.02(3) does provide that an office becomes vacant upon the incumbent's"removal"from office, but does not set out the permissible grounds for removal from any particular public office. Thus the authority and procedures for removal must be found elsewhere in statutes or charter. C.f. Op. Atty. Gen. 475-h, April 30, 1985 (removal of transit commission appointees limited to circumstances expressly listed in statute). Article 8, § 5 of the Minnesota Constitution addresses the removal of"inferior"officers. It states: • The legislature of this state may provide for the removal of inferior officers for malfeasance or nonfeasance in the performance of their duties. This provision applies to elected municipal officials and has been interpreted to mean that such officials cannot 1 of 3 http://www.ag.state.mn.us/office/opinions/07,Vicid.#* '1 6/4/2003 5:58 PM be removed except for malfeasance or nonfeasance in office. Sykes v. City of Minneapolis , 124 Minn. 73, 77, 144 N.W. 453, 455 (1913). Thus, the legislature is given broad power to provide for removal of elected local officials, so long as the basis therefor is "malfeasance"or"nonfeasance" in office. • There is no constitutional requirement that removal of elected officials be by the vote of the electors. However, there does appear to be such a requirement in the state statutes authorizing removal of elected officials pursuant to city charters. Article 12, section 3 of the Minnesota Constitution provides that"the legislature may provide by law for the . . . organization . . . of local government units and their functions . . . [and]for their elective and appointive officers. . . ."Article 12, section 4 of the Minnesota Constitution provides that any local government unit when authorized la law may adopt a home rule charter city. This language allows the legislature to exercise control over the actions of a home rule charter city. The legislature has specifically addressed the authority to provide for removal of elected city officials by charter through the enactment of Minn. Stat. §410.20 (1994), which provides in part: [S]uch commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city. This language indicates that the charter commission has the authority to provide for the"removal" of elective officials only by the vote of the electors. However, there may be some question as to whether the power to provide for"recall" might permit some process for removal without the vote of the electors. We think it does not. While there appears no direct authority in Minnesota on the meaning of the term "recall," examination of case law from other jurisdictions leads to the conclusion that"recall" is synonymous with "removal"and requires the vote of the electors. See generally , 36 Words and Phrases, "Recall." In Poprosky v. Shea, 21 Conn. App 351, 354, 573 A.2d 756, 758 (Conn. App. Ct. 1990), the court defined "recall"as"a procedure where an elected official may be removed at any time during his term of office by a vote of the people. . . ." In Collins v. Morris, 263 Ga. 734, 735, 438 S.E.2d 896, 897 (Ga. 1994), "recall"was defined as "a procedure whereby it is the voter themselves who make the ultimate determination as to whether an official should retain his office for the duration of the term to which he was elected." In Wallace v. Tripp , 358 Mich. • 668,678, 101 N.W.2d 312, 314 (Mich. 1960), the court looked to the definition of"recall" in Webster's New International Dictionary (2d Ed.) which defined "recall" to be "the right or procedure by which a public official . . . may be removed from office, before the end of his term of office, by a vote of the people. . . ." The Wallace definition appears in Black's Law Dictionary, 1433 (6th Ed. 1990), along with the following derived from Jones v. Harlan, 109 S.W.2d 251, 254 (Tex. Civ. App. 1937): "A method of removal of official in which power of removal is either granted to or reserved by the people." Minn. Stat. §410.20 gives no indication that the term "recall" is intended to have a meaning other than that related to the removal procedure requiring the vote of the electors. Thus, in our opinion, "recall,"as set out in Minn. Stat. §410.20, requires the vote of the electors. Furthermore, it is our view that the removal provisions set out in Minn. Stat. §410.20 are the exclusive methods for removal of elected officials which a charter may provide. The power of the legislature to provide for the removal of officers is exclusive pursuant to art. 8, § 5. State v. Essling , 268 Minn. 151, 128 N.W.2d 307, 311 (Minn 1964), citing Sykes v. City of Minneapolis, 124 Minn. 73, 144 N.W. 453,455, (Minn. 1913). As the subject of removal of officers is within legislative control, where that body prescribes a manner and method of removal, it is exclusive. Brandt v. Thompson , 91 Minn. 279, 97 N.W. 887 (1904). In this case, the legislature has prescribed a method of removing elected officials in a home rule charter city in Minn. Stat. § 410.20. Following the holding in Brandt, the removal of elected officials by the vote of the electors, as set out in Minn. Stat. § 410.20, would be exclusive, and the proposed charter amendment would not be permissible as it does not allow the electors to vote on the issue. This conclusion finds further support under the doctrine of expressio unius est exlusio alterius which provides that, in statutory interpretation, there is an inference that all omissions should be understood as exclusions. Sutherland Stat. Const. §47.23 (5th Ed). A statute which provides that a thing shall be done in a certain way carries with it an implied prohibition against doing that thing any other way. Sutherland Stat. Const. § 47.23 (5th Ed). In this case, it means that because Minn. Stat. § 410.20 allows for the removal of elected officials by the vote of the electors, the presumption arises that this is the exclusive method of removal of elected officials. QUESTION TWO Must the reasons for removal of an elected city official pursuant to the charter amount to malfeasance or 2 of 3 http://www.ag.state.mn.us/office/opinions/0... 6/4/2003 5:58 PM nonfeasance as is required in art. 8, § 5 of the Minnesota Constitution? OPINION Your question is answered in the affirmative. Minn. Stat. § 410.07 provides that the charter commission "may provide for any scheme of municipal government not inconsistent with the constitution. . . ." If the charter provisions are inconsistent with constitutional provisions, the constitutional provisions are controlling. Op. Atty. Gen. 63A-1, March 29, 1938. The legislature has complete power to remove an elected official from office or to authorize such removal subject only to the limitations the constitution may impose on the particular office. State v. Oehler , 218 Minn. 290, 16 N.W.2d 765 (1944). The prerequisites of removal are set out in art. 8, § 5 of the constitution which provides that elective municipal officers may not be removed except for malfeasance or nonfeasance in office. Jacobsen v. Nagel , 255 Minn. 300, 304,'96 N.W.2d 569, 572 (1959). The art. 8, § 5 limitations on the removal of public officials from office apply regardless of whether those limitations are explicitly acknowledged in statutes providing for such removal. Claude v. Collins, 518 N.W.2d 836, 842 (Minn. 1994). Thus it is our view that removal of elected city officials pursuant to charter must be based upon malfeasance or nonfeasance in office. QUESTION THREE If the standard of art. 8, § 5 is applicable, does the city have authority, through the proposed amendment, to determine for itself what"acts" automatically constitute nonfeasance? OPINION We are not in a position to provide an absolute answer to your question. As noted above, Minnesota statutes authorizing removal of elected city officials pursuant to the charter, requires a vote of the electors. Thus no act of the officer could, standing alone, result in automatic removal for nonfeasance. See also, Op. Atty. Gen. 1926, No. 68, p. 75 (county board had no authority to declare a vacancy in office of coroner due to nonfeasance of the incumbent). Furthermore, while a charter could specify particular conduct which, as a matter of law, would support removal of an elected official for nonfeasance, it does not appear that the language of the proposed • amendment is necessarily sufficient in that regard. The proposed language may be interpretedto say that missing six meetings in six months constitutes nonfeasance per se without regard to the reasons the meetings were missed. Minn. Stat. § 351.14, subd. 3, which provides for removal of elected county officials, defines"nonfeasance" as "the willful failure to perform a specific act which is a required part of the duties of the public official."While that statute is not directly applicable to removal of city officials, its definition is consistent with the general rule that nonfeasance is the failure to do that which is the officer's legal duty to do, without sufficient excuse. Jacobsen v. Nagel, 255 Minn. 300, 304, 96 N.W.2d 569, 573; Claude v. Collins , 518 N.W.2d 836, 842. This principle would require a determination as to whether there was a valid reason to miss the meetings or at a minimum an unrefuted assertion that no legitimate excuse has been presented by the council member. In Op. Atty. Gen. 450-A-11, March 6, 1957, we addressed a situation where the elected county treasurer became ill and was absent from work for six months. We found no authority for holding that illness, even though protracted, constitutes non-feasance on the part of the officer warranting his removal from office. For similar reasons, it is our view that the missing of a number of meetings, standing alone, would not be held to constitute nonfeasance in office. Very truly yours, HUBERT H. HUMPHREY III Attorney General KENNETH E. RASCHKE, JR. • Assistant Attorney General 3 of 3 http://www.ag.state.mn.us/office/opinions/0... 6/4/2003 5:58 PM Model City Charter Revision Project- Eighth Edition Option Memo from: http://www.ncl.org/npp/charter/memos/recall.html 4sue: Recall Seventh Edition: The Model currently has no recall provisions. At the March meeting, the Committee requested an option memo that would introduce the possibility of having a recall provision to accompany the initiative and referendum provisions in the Model. Pros of Recall: According to the 2001 ICMA Municipal Form of Government Survey, 60.9%of U.S. cities have recall provisions, exceeding the percentages for initiative (57.8%) and popular referendum (46.7%). In the five years starting January 1996 and ending 2001, recall initiatives were filed against the mayor in 4.1% of U.S. cities, and against a council member in 5.3% of U.S. cities. Of those cities, the mayor was recalled in 17.6%of the elections, and the council member in 29.2% of the elections. These statistics indicate that recall is a reality that should be reflected in the charter. At the same time, they tell us that recall provisions are not being overused. In the same way that initiative and popular referendum are a pressure valve when elected officials are inadequately responsive to the will of the majority on policy issues, recall is a check on officials who run rampantly afoul of the expectations of the office they were elected to hold. Cons of Recall: Elected officials face reelection with enough frequency that an additional challenge to their tenure is unnecessary. An elected official's actions are judged sufficiently by the media and public. More serious violations of the public trust can be dealt with through a city ethics code and if necessary, civil or criminal penalties. The statistics show that recall is used infrequently and, more often than not, unsuccessfully. Recall undermines representative democracy and should not be encouraged. IllOptions: The Committee should adopt one of the following positions by the end of the June 12 meeting: 1. The Model should continue to have no recall provision. 2. The Model should have a recall provision. 1. Limitations may be included to reduce frivolous or precipitous actions. Below is a sample from a charter revision proposed for Kansas City in 2001. The Model should use this as charter language in addition to the recall provision. 2. The Kansas City sample language below should appear as commentary to the recall provision. 3. The Kansas City sample language below should appear neither as charter language nor commentary to the recall provision. "Grounds for recall." "Grounds for recall must relate to and affect the administration of the official's office, and be of a substantial nature directly affecting the rights and interests of the public. Grounds for recall are limited to objective reasons which reasonable people, regardless of their political persuasion, could agree would render any official's performance ineffective, such as acts of misfeasance, the improper performance of some act which may lawfully be done, malfeasance, the commission of some act wholly beyond the official's authority, and nonfeasance, the failure to perform a required duty." "Limitations on recall." o recall petition shall be filed against any official within six months after the official takes office, nor, in case of a member Ipbjected to a recall election and not removed, until at least six months after the election." 4Mounds View Charter Commission I S Feb 13, 2003 i V 1, Preliminary Mounds View City Council Charter Commission Attention: City Clerk-Administrator Mounds View City Hall Chair Jonathan J Thomas Honorable Mayor and Mounds View City Council: 763-784-5205 Vice Chair At the Nov 14, 2002, meeting of the Mounds View Charter Commission, a member of the Michele Sandback Commission that is also a member of the Police Civil Service Commission presented an issue 763-783-1770 relating to the interpretation of the Mounds View Charter, Section 2.02. The Charter 2"d Vice Chair Commission has determined at its Jan 9, 2003,meeting that there is sufficient cause to render Daniel Freimuth its opinion to you on the matter of the validity of the Police Civil Service Commission 763-780-3371 providing an administrative function for the city under the current wording of the Charter. Secretary We would like to note that although the Commission provides its opinion on such matters, Brian Amundsen the City Council and its legal counsel have the responsibility to interpret the Charter on 763-786-5699 behalf of the City. This was affirmed by Mr. Duke Addicks, an attorney for the League of Mary Amirahmadi Minnesota Cities, in his presentation before this Commission on June 14, 2001. 763-786-3477 It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the Bill Doty 41 -786-3421 existence of any appointed commission that would serve in an administrative role. It was also noted that the Police Civil Service Commission was formed and has served continuously ley Jahnke since prior to the Charter and that in over twenty years it has not been challenged. 763-780-4900 Daniel Sach Le The Charter Commission reviewed this issue on Thursday, January 9, 2003, and requests that 763-783-5943 the City Council provide direction to the Charter Commission for our future consideration to pursue one of the following options or other options the City Council may find appropriate. Sharon L Linke 763-786-4696 • The City Council could request that the Charter Commission review Section 2.02 of the Dana Mandoza Charter specifically excluding the Police Civil Service Commission and such other 763-784-8942 commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. Duane McCarty 763-784-6074 • The City Council could abolish the Police Civil Service Commission defined by Jean Miller Section 404 of the City Code and Minnesota Statute 419.16 which according to 763-786-3959 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 William Mori Police Civil Service Commission. 763-784-3645 Roger Stigney 763-786-3156 Respectfully submitted, William Werner Sr 763-784-3603 III Jonathan Thomas, Chair Brain Amundsen, Secretary Mounds View Charter Commission Mounds View City Council February 9, 2004 Regular Meeting Page 3 Ayes— 3 Nays—0 Motion carried. 8. CONSENT AGENDA A. Resolution 6181 Authorizing Staff to Create and Distribute an RFP to Establish Wetland Boundaries in the Spring Creek Basin B. Resolution 6183 Authorizing the Advertisement for an Intern in the Community Development Department C. Resolution 6187 Re-Appointing David Jahnke to the Airport Advisory Board D. Licenses for Approval MOTION/SECOND: Gunn/Stigney. To Approve the Consent Agenda as Presented. Ayes—3 Nays—0 Motion carried. 9. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 725, an Ordinance Amending the Zoning Code Establishing an Administrative Variance Approval Process. Planner Prososki reviewed the requirements for the Administrative Variance Approval Process. MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 725, an Ordinance Amending the Zoning Code Establishing an Administrative Variance Approval Process. ROLL CALL: Linke/Stigney/Gunn. Ayes— 3 Nays— 0 Motion carried. B. City Charter Issue Regarding Police Civil Service Commission City Administrator Ulrich indicated that this was discussed at the February 2, 2004 work session as a result of a request from the Charter Commission in May of 2003 to review the existence of the Police Civil Service Commission in conflict with the City's Charter. City Administrator Ulrich indicated that there would need to be a unanimous vote of Council to abolish the Police Civil Service Commission. Mayor Linke indicated there was an attempt last summer to abolish but the votes were not there. MOTION/SECOND: Stigney/Gunn. To Direct the Charter Commission to Review Section 202 _1 of the Charter. Mounds View City Council February 9, 2004 Regular Meeting Page 4 Mayor Linke apologized for not following up and looking into what the Charter Commission was looking for. Council Member Gunn asked whether there would be problems complying with the 30 day filing of vacancies if it were abolished. Mayor Linke explained that requirement would go away if there were no Commission. Council Member Stigney indicated that there is no restrictions on the amount of money the Commission can spend but it has been in existence for 20 to 30 years and he does not recall them expending more money than what was required to accomplish the task. He further clarified that the Commission cannot be abolished without a unanimous vote. Ayes— 3 Nays—0 Motion carried. C. Public Hearing, First Reading, and Introduction of Ordinance 729 Setting Sanitary Sewer Rates for Service in the Year 2004. Mayor Linke opened the public hearing at 7:25 p.m. Finance Director Hansen indicated that this Ordinance would allow the City to charge a variable 110 rate to account for those residents in the City with a lower water usage. He then reviewed how the rates were determined and discussed some sample bills. Mayor Linke closed the public hearing at 7:30 p.m. MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Introduce the First Reading, and Approve Ordinance 729, an Ordinance Setting Sanitary Sewer Rates for Service in the Year 2004. Council Member Stigney said that he is in favor of this as it accounts for those that live alone or that just use less water. He then asked why the Ordinance allows for the five units or actual usage from a later quarter. Finance Director Hansen explained that it would allow Staff to account for abnormal usage such as a plumbing problem causing excess water usage rather than charge the resident on an abnormal amount all year. Ayes— 3 Nays— 0 Motion carried. D. Resolution 6186, a Resolution Approving the Purchase of a Digital Video Player for the Cable Department. Mr. Gammell addressed Council and explained why the digital video player is needed and noted that the deck that went down is at least 14 years old and is not worth repairing. Item No: 9A Meeting Date: 11/24/03 Type of Business: CB • City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Charter Commission Amendments The City recently received two Charter Commission resolutions (attached). The City Attorney has advised that these revisions be brought before the city council on Nov. 24th for direction as to whether the council wants to move forward with the proposed revisions. If the Council is in concurrence with the proposed amendments, it is recommended that staff be directed to put the language in ordinance form for future adoption by the council. The Attorney also advises that the Resolution concerning Chapter 5 of the Charter would need to be carefully reviewed, as the present Charter language in reference to "recall" is not valid. The City Attorney's concern is that, pursuant to the Minnesota Supreme Court case law, no "recall" language is valid. Please let me know how you would like to handle this matter. Thanks. Respectfully submitted, Kurt Ulrich, City Administrator • Mounds View City Council November 24, 2003 • Regular Meeting Page 3 Council Member Marty asked whether the amounts for the other consultants other is going to be added to the running total at the back. Finance Director Hansen indicated that the matter has to do with a dispute between the City and Mr. Harstad so it is not something that the City can bill them for. Council Member Marty asked for further information on the $1,200 charge to the Community Center project. City Attorney Riggs indicated that the charges were for dealing with issues surrounding the transfer of the management. Council Member Marty asked what Will Kill would be repairing as there is a note about repairs. Finance Director Hansen explained that the notation concerning repairs is a City named account to allocate the cost to. MOTION/SECOND: Marty/Quick. To Approve Just and Correct Claims as Presented. Ayes— 5 Nays— 0 Motion carried. 411 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, December 8, 2003 at 7:10 p.m. to Hold the First Reading and Consideration of Ordinance 724, an Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective With the January 2004 Billings C. Consideration of Resolution 6137 Approving Change Order Number 4 for the County Road H2 Street Improvement Project—Installing Pipe Railing D. Resolution 6129, a Resolution Approving the Premise Permits for the Lion's Club to Permit Charitable Gambling at The Mermaid and Robert's Off 10 in the City of Mounds View E. Set a Public Hearing for Monday, December 8, 2003 at 7:15 p.m. to Discuss and Consider the Longview Estates Preliminary Plat F. Resolution 6141 Approving the Disposal of Three Pieces of Kitchen Equipment MOTION/SECOND: Marty/Gunn. To Approve the Consent Agenda as Presented. Ayes— 5 Nays—0 Motion carried. 9. COUNCIL BUSINESS A. Charter Commission Amendments Mounds View City Council November 24, 2003 Regular Meeting Page 4 . Mayor Linke indicated that his first question on the amendments is that these items came to Council from the Charter Commission and he does not see the minutes of their Commission meeting where it shows there was a quorum and he also only read 10 names on the Charter Commission. Council Member Stigney indicated that the judge that appointed them reduced the number. Council Member Quick asked how a judge could over rule a law. Council Member Stigney indicated that the statute provides the judge the discretion on how many members to appoint. Council Member Stigney indicated there were 6 members so there was a quorum. Council Member Quick asked why the order was not presented to the City Council. Council Member Stigney commented that the Council has no discretion over the Charter. Mayor Linke indicated that for common courtesy the Charter Commission should alert and allow citizens of the City of Mounds View the knowledge that there was a reduction in members that • took it from a minimum of 11 to make a quorum down to 6. Council Member Quick commented that, if a judge fails to appoint, the City Council appoints. City Attorney Riggs indicated there are a lot of issues at play but said that the judges have some discretion and this is usually done by some type of order. Mayor Linke indicated he wanted to postpone this issue until he has better information on what is going on and the legalities of the change. He then said he has a real concern that this Commission that deals with the City's Charter was reduced without the knowledge of the residents of the City of Mounds View or the City Council. MOTION/SECOND: Linke/Quick. To Postpone. Council Member Stigney indicated that if there is an issue on the authority of the judge to make the decision the City Administrator can obtain an answer on that question. He then asked whether it is the intent not to take action on the proposed amendments until the questions are resolved. He further commented that all the Charter Commission meetings are televised. Mayor Linke indicated he did not have minutes to see how many members voted and who was present at the meeting. • Council Member Stigney indicated that copies of the minutes are sent to City Hall and should be on file and available. Mounds View City Council November 24, 2003 Regular Meeting Page 5 • Council Member Stigney indicated he has no issue with this because he viewed the meetings and saw what the action was. He then asked the City Attorney whether there was an issue with regard to the legalities of the change. City Attorney Riggs indicated he could review Chapter 410. Mayor Linke indicated he would like to postpone to provide the City Attorney with time to review the matter. He then said that the City would need to look at the original vote by the residents of the City of Mounds View and whether that vote set out the number of members. He then commented that he does not feel that the judge has the authority to change the number if it was set out by a vote of the people. Council Member Stigney asked whether there were any issues with the language in the resolution. Mayor Linke indicated that one has the changes designated but the other does not. He then commented that they should both be formatted in the same way so that Council is aware of the proposed amended language. Council Member Stigney disagreed and said that there is a statement at the top of the document IIIthat the section is an entirely new replacement section. Mayor Linke indicated he does have some issues with some of it but does not want to discuss it now as there is a motion to postpone the matter on the floor. MOTION/SECOND: Stigney/Gunn. To Amend the Motion to Postpone to a Motion to Postpone Until the City Attorney Has the Information Requested. Ayes—2 Nays— 3(Linke/Marty/Quick) Motion failed. Council Member Stigney questioned whether Roberts Rules of Order requires a motion to postpone to contain a time certain. Council Member Marty suggested not to exceed two months. MOTION/SECOND: Marty/Gunn. To Amend the Motion to Postpone to a Motion to Postpone Not to Exceed Two Months. Council Member Stigney indicated he did not see any reason to postpone for two months. He then asked whether there is an issue with the 60-day timeframe wording. Council Member Quick indicated he did not like how it was presented. Mounds View City Council November 24, 2003 Regular Meeting Page 6 0 . City Attorney Riggs indicated that, technically, that provision is not binding upon the Council. The statute that applies is an acquiescence to say you have received the Charter amendment. He then said that there are waiting periods, if adopted that allow challenge by residents. Ayes—4 Nays— 1(Stigney) Motion carried. Ayes—4 Nays— l(Stigney) Motion carried. Council Member Quick asked who the judge is. B. Resolution 6140, a Resolution Approving a Newsletter Advertising Policy City Administrator Ulrich indicated that the newsletter advertising policy was updated and Resolution 6140 would approve those updates. He then said that Staff would limit advertising before content as a matter of practice. MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6140, a Resolution Approving a Newsletter Advertising Policy. Ayes—5 Nays—0 Motion carried. SC. Golf Course Manager's Quarterly Report Mayor Linke indicated that Ms. Burg was elected to the New Brighton City Council and will take office in January. Golf Course Manager Burg indicated that the number of rounds did not increase as had been expected. She then said that the average round was $20.00 per person and to meet the projections that number needed to be $23.50 per person so Staff intends to look at changing rates and restructuring fees to meet that point. Golf Course Manager Burg indicated Staff intends to try to brand the golf course as the premium executive course and that should not be hard to do. She then indicated that Clear Channel intends to move forward with the billboards by approaching the state in a different way and Staff believes that would be following the recommendation of Governor Pawlenty to seek creative ways of financing. Golf Course Manager Burg indicated that there were a few unanticipated projects at the golf course this year. One of those was to repair the ninth green the other was to install a catch basin to catch grass clippings. She then commented that a lot of Staff time went toward repairing the ninth green but it is now repaired. She also indicated that the drought cost them over 1,000 hours for part time and full time staff with watering due to the sandy soils it had to be done every day. • Golf Course Manager Burg indicated that there were 33,000 rounds of golf, 17,000 buckets of balls, and 3,400 cart rentals. City of December 6, 2003 Mounds I Response to City Council comments of Nov. 24' regarding requests from the Mounds View View Charter Commission, Jonathan J Thomas, Chair. laFirst, I would like to apologize for not being able to attend the meeting where the Charter C alter Commission issues were discussed. It was a very great disappointment to watch a replay of the meeting after having been called by a resident and asked to do so, because it seemed that Chair the members of the City Council were apparently not given the necessary information to Jonathan J Thomas be able to reasonably discuss and proceed on the items the Charter commission had sent 763-784-5205 them for review. For the record, there were no issues raised that had not been clearly and Vice Chair publicly presented already. I will attempt to list the issues that seemed to be raised and Michele Sandback state a simple brief response. All of the actions and many comments regarding these 763-783-1770 issues are recorded in the minutes that are filed in the Charter Commission Public Book 2"d Vice Chair which is available for review to the public at City Hall, and at every meeting of the Daniel Freimuth `? Charter Commission. 763-780-3371 Has the Charter Commission done any business without a quorum ? Secretary Brian Amundsen No; the Charter Commission operates according to its Bylaws that state in 763-786-5699 Article III section 3: Bill Doty "A majority of qualified and acting members shall constitute a quorum for the 763-786-3421 purpose of conducting the Commission's business and exercising its powers and for all other purposes, but a smaller number of members may adjourn from time to Matthew Eenigenburg 763-783-7216 A time." To clarify this, the number of members required to vote on issues must be more than half the number of currently active members. This means that if there Je:. .tiller are 9 active members, a quorum would be 5. We currently have 10 active 763-786-3959 members so a quorum is 6. William Mori 763-784-3645 Was changing the number of members from 15 to Jill done properly ? i Barbara Thomas Due to the difficulty in maintaining a roster of 15 members a significant amount 763-780-6226 of discussion with the current.and previous District Court Judges and Clerk of the William Werner Sr District Court was used to evaluate the proper consideration and process, which 763-784-3603 ended up in the recommendation that the Charter Commission amend its Bylaws and send a copy of the amendment to the District Court which would then change its records to reflect the new roster requirements. As we had less than the 11 acting members at the time it did not impact any members serving at the time. The amendment was Adopted by unanimous approval of the nine members present at the June 12, 2003 meeting of the Charter Commission. Is it proper to use "replacement language" for a portion of the Charter, and if so does the entire text need to be underlined ? Where the order and association of ideas is substantial enough to make the "Strikeout/Underline"method confusing, it is common practice to use the "Replacement Language" method. As to the question of style, it is stated in the IIIheader and there is no statute requirement or suggestion for the style to be used. To: Mounds View City Employees From: Charles Hansen, Finance Director Date: April 14, 2003 Subject: Purchasing Policy and Manual Attached is the purchasing policy that was approved by the City Council on March 25, 2002. All employees involved in purchasing are responsible for knowing the policy and should familiarize themselves with its provisions. In two instances the policy adopts reimbursement rates set annually by the IRS as City of Mounds View reimbursement rates. The purchasing manual will be updated annually as the IRS changes these rates. First of these is the standard mileage rate which for 2003 is 36.0 cents per mile. Second is the per diem rate for meals, which for 2003 is $50.00 per day. This must cover the meal, any taxes, and the tip. When traveling out of town for the full day, employees may spend the $50.00 on any combination of meals they wish. Section 4.1.A on page 6 of the policy provides that when traveling locally, or for less than a full day, the following breakdown must be followed: • Breakfast 25% $12.50 Lunch 30% $15.00 Dinner 45% $22.50 In all cases, for all types of expenses or reimbursements, employees should always strive to bring back receipts or other documentation of expenses. Reimbursement may be denied if employees fail to obtain documentation when it is available. • TYPES OF CONTRACTS AND PURCHASES 2.1 UNIFORM MUNICIPAL CONTRACTING LAW, CHAPTER 471.345 It shall be the policy of the City of Mounds View that the Uniform Municipal Contracting Law, Minnesota Statutes Chapter 471.345 shall be the policy of the city. Changes in this law will automatically become the policy of the city. City policy may be more restrictive than State Law, but may not be less restrictive. Records of quotes and bids shall be retained for at least one year after the completion of the contract or purchase or until the annual audit for the year of the purchase is completed, whichever is longer. 2.2 MAJOR PURCHASES Sealed bids shall be obtained by public notice for major purchases with final award by the City Council. From 2002 onward, this shall be for purchases over $50,000, per Chapter 471.345. 2.3 INTERMEDIATE PURCHASES Three or more written quotes shall be obtained for intermediate purchaseswith final award by the City Council. From 2002 onward, this shall be for • purchases between $5,000 and $50,000. 2.4 SMALL PURCHASES Purchases may be made by at least two written quotes when possible, or in the open market, at the discretion of the Department Head. From 2002 onward, this shall be for purchases less than $5,000. Department Heads shall advise the City Administrator prior to purchases between $1,000 and $5,000. Purchases between $2,500 and $5,000 shall be approved by the City Council if they were not part of the annual budget. ONGOING SERVICE CONTRACTS Contracts for ongoing services shall be submitted to the City Council for approval regardless of their dollar amount. 2.5 PROFESSIONAL SERVICES 2.5.1 Applicability This procedure applies to all advisory auditing, engineering, financial, legal, • personnel, technical, training, or other services. 2 2.7 COOPERATIVE PURCHASING AGREEMENTS Where a purchase contract has been awarded by the State of Minnesota, another local government, a cooperative of local governments, or a federal agency in compliance with applicable State Statutes, and where it is legally permissible for the City of Mounds View to participate, a purchase may be through the vendor named in that contract without advertising for bids or obtaining quotes locally. The City Council or City Administrator must still be notified and approve the purchase as defined in this policy. 2.8 ROUTINE PAYMENTS The Finance Director may authorize certain routine payments with approval by the City Council in the form of the Just and Correct Claims List. These include: partial or progress payments on contracts or bids previously awarded by the City Council; payments to federal, state, or other local governments under a cooperative agreement previously approved by the City Council or as required by law; payment of employee payroll withholdings, taxes, and benefits; and payment of ongoing monthly utility services to city buildings and properties. At a minimum, these costs shall be reviewed during the annual budget preparation. I PAYMENT METHODS 3.1 JUST AND CORRECT CLAIMS LIST A list of checks paid will be submitted for approval by the City Council at each regular City Council meeting. Approved checks will be released the following day. Any checks paid by means of Direct Expense Authorization since the previous City Council meeting will also be listed. 3.2 DEPARTMENTAL AUTHORIZATION OF INVOICE PAYMENTS Each Department Head identified by the City Administrator as being responsible for a department budget shall report to the Finance Director any deputies they are authorizing to approve invoices for payment. All authorized persons shall submit a sample of their signature or initials to the Finance Department for verification of invoice approvals. 3.3 DIRECT EXPENSE AUTHORIZATION The Finance Director is authorized to approve immediate payment of invoices, • without waiting for the Just and Correct Claims List, in cases where it is necessary make payment to avoid penalties, secure discounts, or avoid 4 the City Council. The Department Head must approve all in state business 111 travel in advance. When approved, the cost of airfare, lodging, and registration may be paid by check or credit card to the vendor in advance of the travel date. The travel policy is stated in section 1.50 in the Personnel Manual as follows: POLICY: TRAVEL EXPENSES SECTION: 1.50 A. Meals B. Lodging C. Transportation 1. Airline 2. Automobile D. Reimbursement An elected official's or employee's approved expenses incurred while conducting City business or attending approved conferences or training are paid by the City. Expenses incurred by a spouse or other person attending a conference with an elected 9 official or employee must be paid by the elected official or employee. A. MEALS Reimbursement for meals while on travel is only for actual expenditures. The reimbursement rate will not exceed the IRS per diem rate for meals and incidental expenses for the Minneapolis/St. Paul locality. For simplicity's sake, the Minneapolis/St. Paul rate shall be used for travel anywhere in the U.S. Specifically, per diem covers expenses for breakfast, lunch, dinner, and related tips and taxes; tips to porters, baggage carriers, bellhops, and maids; and other incidentals. Liquor is not an allowable expense. Individual, itemized receipts will be submitted for reimbursement. When traveling locally or for less than a full day, the maximum allowance for meals, including tax and tip, shall be the following percentages of the full day per diem: Time of Day: Breakfast 25% 12:00 A.M. to 11:00 A.M. Lunch 30% 11:00 A.M. to 3:00 P.M. Dinner 45% 3:00 P.M. to 12:00 A.M. • 6 4.2 MEETING EXPENSES 11 Expenses for business meetings that incorporate a meal into other training, business, or official activities shall not be limited by the per meal costs defined in section 4.1.A in recognition that some of the cost will be for non-meal elements of the event. 4.3 MEMBERSHIPS Memberships in professional organizations shall be listed in the proposed budget and be reviewed during the budget process. Memberships not listed in the budget will need to be approved by the City Administrator prior to payment. • 8 CITY OF MOUNDS VIEW PURCHASING MANUAL Purchasing Policy Section 1.4 Responsibility: The City Administrator shall identify Department Heads or other staff who shall be responsible for each fund or department in the annual budget. These individuals shall be responsible for compliance with the annual budget and for all expenditures for their departments and funds. Effective April 15, 2003, the following departments and funds are the responsibility of the listed individuals: DEPARTMENT NOTES INDIV 1 I)UAL GENERAL FUND City Council Ericson/Hansen Advisory Commissions Ericson/Hansen Office of the City Administrator Ericson Elections Ericson Central Services Supplies, profession services,printing legal notices, advertising, training Ericson Central Services Telephone,postage, insurance, • equipment rental Hansen Central Services Computers Lee/Hess Finance Hansen Community Development Ericson Police Sommers/Brennan Fire Ericson/Hansen Public Works Administration Lee Recreation Ericson/Hansen Parks Lee Athletic Field Maintenance Lee Forestry Lee Building& Grounds Maintenance Lee Vehicle &Equipment Maintenance Lee/Sommers Pavement Management Lee Snow & Ice Control Lee Sign Maintenance Lee Convention &Visitors Bureau Hansen Social Service Coordination NW Youth &Family Services Hansen Miscellaneous Fitness Program & Contingency Ericson/Hansen Transfers Hansen Debt Service—Fire Bonds Hansen • F: Resolution No. 2003-04 l'?, Mounds View Charter Commission IVlounc1S Ca Dated October 10, 2003 :5 • vS Ie',4' ,,;,;r Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for '`` charter ' 9011.1' 14 housekeeping and clarification updates to sections of the Mounds View Charter that have ll caused confusion or seem to be semantically incorrect. Commission t ri 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 g bold and double underlined language and by the deletion of the 'd a tel strie 763-784-5205 language. The Mounds View Charter Commission requests the City Council adopt by f ;� ordinance those items it is in unanimous agreement with. We also requesta response Vice Chair within 60 days with recommendations for modifications to any item that the City Council Michele 770 Sandback ff.-1' deems not acceptable as presented. 763-783-1 ; • 1" 2id Vice Chair lq: Section 2.06. The Mayor's Power and Duties. iy Daniel Freimuth i; 763-780-3371 F Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a 11 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 _$ 763-786-5699 i tcy Governor for purposes of martial law. ;bttt Other than for the purposes specifically ris stated in this paragraph, as an individual, the Mayor shall have no administrative Bill Doty 1 dutice authority. . 763-786-3421 1= Section 4.05 Vacancy of Municipal Elected Office. Matthew Eenigenburg li • 763-783-7216 i'€ Subdivision 5. When a vacancy in an elected municipal office occurs within 120 id days prior to a regular municipal election date, the special election to fill the vacancy shall • Jean Miller is coincide with the regular election. If the vacancy occurs within sixty days prior to the 763-786-3959 !i regular election date, the notice of such vacancy shall be published as soon as is ki � William Mori •� practicable. If within the 120 day period before a regular municipal election, the vacancy I': occurs in the office of the Mayor or in the office of either or both of the Councilmembers 763-784-3645 `;;: I= whose seats are to be decided in the election, said vacancy shall be considered not to exist Barbara ThomasP for purposes of the election. However, if such vacancy occurs in the office of either of the 763-780-6226 V other two Councilmernbers, the seat shall be filled by the candidate for Councilmember i with the third highest vote total, or, in the case of two vacancies, the third and fourth William Werner Sr 4 highest vote totals. Where two vacancies exist, the candidate with the third highest total 763-784-3603 I shall fill the vacancy in the office having the longest unexpired term. Candidates filling a F vacancy shall take office at or before the next regularly scheduled Council meeting el I following election certification. Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, i`al condemnation, or otherwise, any real property, either within or without its boundaries, that `" maybe needed bythe Cityfor anypublic purpose. In acquiring property byexercisingthe fa P P q 9 P P Y .' power of eminent domain, the City shall proceed according to Minnesota law, Chapter 117 !!, as amended, or other applicable items. 1'h `l Respectful! igsed, ,-,::. 71/,,-71 - _dove1.!.,17..._ /e\-_-)ez -1. 41,1. 4 ...f_,.(2z.c.,.___ R A 4 - - Jpnathan J Thomas, Chair Brian Amundsen, Secretary ii :-_ , • 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 writfen 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 2of 3 - - n1 •7 = VD Item No: 05 Meeting Date: 01/12/04 Type of Business: CA • City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Charter Commission Outstanding Issues There are several outstanding issues in regard to the Charter Commission for Council consideration: 1) At the November 24, 2003 Council meeting there were several questions in regard to current structure of the Charter Commission and whether they have been properly conducting business. For example, was any business conducted without a quorum and was the change in membership from 15 to 11 members done properly? In response to these issues, the Chair of the Charter Commission, Jonathan Thomas, has submitted a response that is attached. Also, Duane McCarty has written that, he"personally wrote the petition for appointment of a Charter Commission . . ."and that it"did not include a specific number of Commission members to be appointed. . ." The City Attorney has advised that without information establishing a • specific number of members, the judge may establish the Commission with 7 to 15 members, as provided by State statute. The Attorney also advises that the Commission itself may determine what constitutes a quorum for its meetings. Scott Riggs is drafting a written response outlining his position that will be distributed at the work session. 2) Two Charter Commission Resolutions were presented for Council Consideration at the November 24, 2003 Council meeting. Action on these items was postponed until the above issue was reviewed. If the Council agrees with the proposed amendments, staff may be directed to prepare the proper ordinance amendments for Council consideration. Proposed revisions to the Charter are to sections 2.06, 4.05, 9.01, and section 5 in its entirety (see attached). The City Attorney has expressed concern about the recall language in Section 5 due to recent court decisions. 3) Also included is a letter from the Charter Commission dated May 8, 2003 (see attached) in regard to the existence of an appointed commission (i.e., the Police Civil Service Commission)that serves an administrative role. The Charter Commission requested that the Council take action to correct the apparent conflict with the Charter via a code amendment or abolishment of the Police Civil Service Commission. 111 Resolution No. 2003-04 Caty pf 4 ,y Mounds View Charter Commission w :Mounds pi Dated October 10, 2003 View0_ Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for "``"`I E housekeeping and clarification updates to sections of the Mounds View Charter that have a7�ter -,.,, F„ caused confusion or seem to be semantically incorrect. Commission 1,* y The Mounds View Charter Commission acting under Minnesota Statute 410.12 Chair l Subdivision 7, recommends the following amendments by the addition of the Jonathan J Thomas I`t bold and double underlined language and by the deletion of the 763-784-5205 to language. The Mounds View Charter Commission requests the City Council adopt by r ordinance those items it is in unanimous agreement with. We also request a response Vice Chair -a' within 60 days with recommendations for modifications to any item that the City Council M76 - 8e S177dback 13 deems not acceptable as presented. • 763-783-1770 ;.: l; 2"Vice Chair !P Section 2.06. The Mayor's Power and Duties. ffiti Daniel Freimuth 1= ig 763-780-3371 Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a F1 vote as a member. The Mayor shall be recognized as head of the City Government for all Secretary ili_j ceremonial purposes, by the courts for the purpose of serving civil process, and by the Brian Amundsen ;`, Governor for purposes of martial law,— Other than for the purposes specifically 763-786-5699 i5 - lir,' stated in this paragraph, as an individual, the Mayor shall have no administrative Bill Doty duties authority. 763-786-3421 l;. Section 4.05 Vacancy of Municipal Elected Office. Matthew Eenigenburg ( ' 763-783-7216 i= Subdivision 5. When a vacancy in an elected municipal office occurs within 120 1. days prior to a regular municipal election date, the special election to fill the vacancy shall Miller E;.ry •coincide with the regular election. if the vacancy occurs within sixty days prior to the 11111 -786-3959 1 regular election date, the notice of such vacancy shall be published as soon as is ky 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 , R.4 whose seats are to be decided in the election, said vacancy shall be considered not to exist Barbara Thomas E; 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 li with the third highest vote total, or, in the case of two vacancies, the third and fourth William Werner Sr 4 highest vote totals. Where two vacancies exist, the candidate with the third highest total 763-784-3603 Ishall fill the vacancy in the office having the longest unexpired term. Candidates filling a ll: vacancy shall take office at or before the next regularly scheduled Council meeting • Ly following election certification. t1 Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, i� boundaries, that i condemnation, or otherwise, any real property, either within or without its "' maybe needed bythe Cityfor anypublic purpose. In acquiring property byexercisingthe '= P P q 9p p Y i.} t ifi power of eminent domain, the City shall proceed according to Minnesota law, Chapter 117 i ` as amended, or other applicable items. r IN k Respectful! suhuitted,P .,1, ---...AI"- *".1 1;--"" 'e -•".....711,7(e;--'-'''....::) ,,,/3 4 A - / % • / -.44r2e,c„".....,, r..n A Jonathan J Thomas, Chair Brian Amundsen, Secretary l4 I Resolution No. 2003-05 City o L Mounds View Charter Commission n ]VIOunds 4 Dated October 10, 2003 '- lit 6C:5'410 View _T; r Whereas 4 , the Mounds View Charter Commission is reviewing the lists of past View art e;• :a'!1- E requests for housekeeping and clarification updates to sections of the Mo C Commission ' Charter that have caused confusion or seem to be semantically incorrect. I. F',, The Mounds View Charter Commission acting under Minnesota Statute 410.12 Chair Vi 1:.; Subdivision 7, recommends the following amendments by the replacement in its I Jonathan J Thomas 1; 763-784-5205 R entirety of Chapter 5 of the Mounds View Charter with the following replacement lr language. The Mounds View Charter Commission requests the City Council adopt Vice Chair l by ordinance those items it is in unanimous agreement with. We also request a Michele Sandbacic li response within 60 days with recommendations for modifications to any wording 763-783-1770 .`1 i3' that the City Council deems not acceptable as presented. 1 2"d Vice Chair r Daniel Freimuth P INITIATIVE, REFERENDUM AND RECALL 763-780-3371 Section 5.01. General Voter Authority. The people of Mounds View have p Secretary the right, in accordance with this Charter, to propose ordinances [initiative] and to Brian Amundsen i g 763-786-5699 (= require that any ordinance be referred to the voters [referendum], except those that i, appropriate money or levy taxes. The voters also have the right to remove elected Bill Doty tipublic officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 763-786-3421 l' residents of the City of Mounds View who first register, or who have registered and Matthew Eenigenburg a are qualified to vote. Per Minnesota Statute 200.039.(as amended), eligibility to 763-783-7216 sign the petition is not restricted to only those who were eligible to or did cast i: ballots in the previous election. i:4 Sn Miller l -786-3959 i Section 5.02. Petitions. To circulate a petition provided for under this P, chapter, it must be sponsored by a committee of five or more voters of the City William78Mori `' whose names and addresses appear on the petition. A petition consists of one or 763-784-3645 i 1,11 more pages with each separately circulated page containing at its head the Barbara Thomas i information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 763.780-6226 a 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 lw separate page of the petition must have appended to it a certificate by the 763-784-3603 !y 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 hi 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 14 11 and must sign and print their name and give their street address. Any voter whose 11 name appears on a petition may withdraw their name by filing a statement in writing 0 with the Clerk-Administrator before the Clerk-Administrator advises the Council of i:� �q', the sufficiency of the petition. IyF F^7 ; Section 5.03. Determination of Petition Sufficiency. The committee must file 1 the completed petition in the office of the Clerk-Administrator. The t Clerk-Administrator shall provide the number of total ballots cast for President in 11 the most recent Presidential election. For a petition to be sufficient, the required 1;31 I"'; number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. 4110 -.A • Petitions for Recall, at least 25 percent. Page 1 of 3 _-_ " 1 i - - • 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 writfen 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 2of 3 1 • = : \!p 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. 40 Respectfully submitted, i/-7-,— .,, 'd,.,2.. f ,- ----- Jonathan ____,,„-76.--,..-- --- J Thomas, Chair Brian Amundsen, Secretary . Page 3 of 3