Loading...
HomeMy WebLinkAbout11-24-2002 Commission memo to City Admin re Police Civil Service Commissionm v City of Mounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michele Sandback 763-783-1770 2nd Vice Chair Daniel Freimuth 763-780-3371 Secretary Brian Amundsen 763-786-5699 Mary Amirahmadi 763-786-3477 Bill Doty 763-786-3421 Bradley Jahnke 763-780-4900 Daniel Sach Le 763-783-5943 Sharon L Linke 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 763-784-3603 Preliminary Draft Nov 24, 2002 Mounds View City Council Attention: Kathleen Miller, City Clerk-Administrator Mounds View City Hall Mounds View City Council: At our last regularly scheduled Mounds View Charter Commission meeting, Nov 14, 2002, a member of the Charter Commission that is also a member of the Police Civil Service Commission presented an issue relating to the interpretation of the Mounds View Charter, Section 2.02. There appears to be a conflict with the validity of the Police Civil Service Commission providing an administrative function for the city under the current wording of the Charter. We would like to note, for the record, that although the Charter Commission can provide an opinion on such matters, it is the City Council and its legal counsel that has the authority to interpret the Charter, not the Charter Commission. This fact was previously confirmed by the League of Minnesota Cities’ charter expert in his testimony before our commission. It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the 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 since prior to the Charter and that in over twenty years it has not been challenged. The Charter Commission held a special meeting on Sunday Nov. 24, 2002 and reviewed this issue with the following recommendations for future consideration by the City Council: !The City Council could request that the Charter Commission review Section 2.02 of the Charter specifically excluding the Police Civil Service Commission and such other commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. !The City Council could abolish the Police Civil Service Commission defined by Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. !Although recognizing the conflict existing in Section 2.02 of the Charter, the City Council could continue to operate the Police Civil Service Commission pursuant to the existing City Code and Minnesota Statute. Respectfully submitted, Jonathan Thomas, Chair Brain Amundsen, Secretary Mounds View Charter Commission