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HomeMy WebLinkAboutCharter Petition History and OptionsSubject: Ordinance 984 Amending Charter Section 7.03   Facts: 35 pages 500 signatures Electors (petioners) – Brian Amundsen, Valerie Amundsen, Wendy Marty, Barbara Peterson, and Andrea Shoup Circulators Valerie – 266 names: Knollwood, Brighton Lane, Rainbow, Pleasant view. Red Oak, Longview, SLP, Greenfield, H2, Hidden Hollow, Wooddale, Eastwood, J,               Groveland, Sunnyside, H, I, Lake Court, Jackson, Quincy Brian – 34; Bronson, Bona, Lake Court, SLP, Terrace Wendy – 12: Edgewood, Louisa, Greenwood Barbara – 24:  Red Oak, Sunnyside, Laporte, SLR, Pleasant view Andrea – 62:  Groveland, Knollwood, Ardan Kaylee Mori – 44:  Sunnyside, Red Oak, Sherwood, Groveland Dennis Hammes – 22:  Quincy, Greenfield, Pinewood, Adams, Gloria Circle Shelley Paige – 28:  Knollwood, O’Connell Drive, St. Stephen Ronald Kordiak – 6:  County Road H2 Julia Wolff – 4:  Eastwood   Language (substantive summary): “Require Ordinance 984, Amending Section 7.03 be submitted to the voters for adoption.”   Statute governing this amendment process (there are multiple ways to amend)  Red Edits mine Subd. 7.Amendment by ordinance.  Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Commission did this. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. Done by Staff The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published.  Done at December 13, 2021 meeting.  Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance.  Done at December 13, 2021.  The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk.  Occurred January 25, 2022. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less.  Ramsey County Elections has received petition and is in the process of validating.    The break here is mine as a function of just easier reading.  The Blue highlight now becomes the discussion point.   If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters.   Thus, the council has the option of submitting the ordinance at the next general election – or – it may reconsider is action.   More discussion to follow.   Question on Ethics: - Several individuals have “questioned” appropriateness/ethics of commission members advocating:   Charter Bylaws have a single provision related to vacancies   79 Section 9. Vacancies. Vacancy in an office is declared by a motion brought before the Commission 80 by any Commissioner when a member resigns or a member is absent from four consecutive regular 81 Commission meetings without being excused by the Commission. A vacancy in the office of Chair, 82 Vice-Chair, Second Vice-Chair or Secretary shall be filled by a special election by the Commission 83 within 90 days of the vacancy, The elected successor shall serve the unexpired term of office starting 84 at the close of the meeting in which the election is held.   In short, there are no provisions for the Commission or Council to remove members based on bylaw provisions.     Next Steps: 1.        Validation of Petition 2.       Discussion