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HomeMy WebLinkAboutEricson and KG Memos on Commission Membeship Item No: 3 Meeting Date: October 6, 2014 Type of Business: Work Session City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Joint Meeting with the Charter Commission Introduction: Through the Mayor, the City Council has expressed a desire to meet with the Charter Commission to discuss membership levels in light of the low number of appointed participants. Members apply to and are appointed by the Ramsey County District Court, however there haven’t been any applicants in some time for County consideration. The intent of the joint meeting is to address the existing membership deficiency and to formulate appropriate strategies. Discussion: The Charter Commission is authorized to have eleven members, however their number has dropped to five, often with only three members attending a meeting. It has been suggested that a Charter Commission, not unlike a City Council, needs to operate at full capacity, with a quorum assuming full capacity (in other words, six members.) Both the City Council and the Charter Commission have announced the openings during their respective meetings; and despite advertisements in the newspapers, on the Cable TV channel and the website, residents are not lining up to volunteer their time on the Commission. Staff has also been in communication with the District Court regarding the declining membership and asked if perhaps they had any pending applications (no) and if they had any recommendations to address the declining membership. The Court declined to provide any suggestions, indicating that it was not their role to do so. Recommendation: Staff recommends the Council discuss the issue of membership with the Charter Commission and determine what actions, if any, can be taken to address the deficiency. Respectfully submitted, ________________________ James Ericson City Administrator 448566v2 SJR MU210-4 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax sriggs@kennedy -graven.com http://www.kennedy -graven.com Affirmative Action, Equal Opportunity Employer & Graven C H A R T E R E D MEMORANDUM Date: August 22, 2014 To: Jim Ericson, City Administrator From: Scott J. Riggs, City Attorney and Doug D. Shaftel, Assistant City Attorney Re: Authority of Charter Commission to act in absence of a full complement of members Pursuant to your request for review of the active membership numbers for the Mounds View Charter Commission (the “Commission”), please note the following discussion and analysis. As presently constituted, the Commission (the “Commission”) is to be composed of 11 members, a number apparently fixed by judicial order, and referenced in the Commission’s Bylaws (the “Bylaws”). Based upon your August 7, 2014 email regarding this matter, the Commission currently is operating with only five members, however, at the last two Commission meetings, only three members were present. The following questions arise from your email regarding the Commission’s authority to act when it lacks a full complement of its members: 1) What acts, if any, may the Commission perform? Answer: Few, if any, official acts can be performed by the Commission unless and until it has a full complement of 11 members. 2) How many Commission members constitute a quorum for the purposes of convening a meeting? Answer: Six members must be present at any meeting to have a quorum. Authority to act without a full complement of members There is no case law directly on point regarding this matter, but based upon a review of opinions from the Minnesota Attorney General and the statutory process for filling vacant commissioner & Mr. James Ericson August 22, 2014 Page 2 448566v2 SJR MU210-4 positions, a charter commission’s ability to act is severely restricted when it lacks a full complement of its body. Interpreting a since-repealed constitutional provision along with a former version of Minnesota Statutes, Section 410.05, the Attorney General opined that a charter commission may neither amend the charter nor approve a petition for amendment of the charter when it lacks a full complement of its members, even if it does so with the approval of eight members. Op. Atty. Gen., 58G, Sept. 28, 1950; Op. Atty. Gen., 58C, April 1, 1954 (copies attached). In reaching this conclusion, the Attorney General noted that a simple and expeditious process existed for filling commission vacancies by judicial appointment. The Attorney General further noted that the requirement for a full complement of commission members to exist prior to commission actions ensures that proposed amendments presented for review to the Council or the voting public are the result of “studied consideration, discussion, debate and deliberate judgment of fifteen resident freeholders of municipality.” Op. Atty. Gen., 58G, Sept. 28, 1950. The Attorney General opinion suggests that the important work of revising a charter demands substantial participation by representatives of the affected community. The former constitutional and statutory requirements have been replaced by a statutory framework that includes a detailed process for filling commission vacancies. Minnesota Statutes, Section 410.05. This statutory requirement for filling vacancies suggests a legislative intent that a charter commission always contain a full complement of its membership. Minnesota Statutes, Section 410.05 now also permits the setting of the commissioners for a charter commission at a number between seven and fifteen. A home rule charter city must either have the number of charter commission members set by a judge, city council resolution, petition of voters, or it may be set forth in its charter. Minnesota Statutes, Section 410.05, subd. 1. Whichever process is used, once the number has been fixed, commission membership cannot drop without triggering the statutory process set forth in Minnesota Statutes, Section 410.05 for filling the vacancy. The reasoning and conclusions set forth in the cited Attorney General opinions, that neither the proposal of charter amendments nor approval of proposed charter amendments can be performed in the absence of a full complement of commission members, when viewed in light of the requirements of Minnesota Statutes, Section 410.05 for the filling of vacancies, appears to continue to be valid.1 Authority to convene a meeting: how many members constitute a quorum? The answer to the question regarding quorum requirements is related to the above conclusion. The common law rule for the composition of a quorum is that: 1 The League of Minnesota Cities has similarly concluded that the “commission should always contain its full complement of members.” League of Minnesota Cities, Handbook for Minnesota Cities, Part I Form and Structure of the Minnesota City, Chapter 4: the Home Rule Charter City, pg. 4-8 (last revised 7/25/2007). Mr. James Ericson August 22, 2014 Page 3 448566v2 SJR MU210-4 …in the absence of charter or statutory provision applicable, to the contrary, a majority of a definite body, or of the governing body of the corporation, as the board of directors, the board of alderman, the council, etc., consisting of a definite number, when duly met, constitute a quorum for the transaction of business, and the vote of a majority of those present (there being a quorum) is all that is requisite for the adoption or passage of an ordinance or by-law or motion, or the doing of any other act which the body has the power to do…. 4 McQuillan Mun. Corp. § 13:34 (3d ed.). Under this default rule, since Mounds View’s charter commission is to be composed of eleven members, six members would constitute a quorum. Notwithstanding the above-cited definition, the Minnesota legislature has delegated to charter commissions the authority to draft their own rules of operation, including the setting of quorum requirements. Minnesota Statutes, Section 410.05, subd. 2. The Commission bylaws provide that the quorum is a majority of qualified and acting members. Bylaws, Art. III, §3 (emphasis added). It is not clear what the term “acting” means, but even if the Commission intended it to mean only those who are participating in meetings, the Commission would not appear to be able to set the quorum of the Commission at a number that constitutes less than the default rule described above, i.e., a majority of the full complement of its members. If the Commission could set the quorum requirement at a majority of those currently participating in meetings, then a quorum of the current Commission membership would be three, and would conceivably drop to a lower number if another member resigned. Such an outcome runs contrary to the above- discussed implicit legislative intent behind the statutory requirements for setting the number of members and the filling of vacancies. Thus, regardless of the number of commissioners currently on the Commission, a quorum for the Commission should never fall below six members. Cf. State ex rel. Peterson v. Hoppe, 194 Minn. 186, 260 N.W. 215 (1935) (“[w]here a charter or statute provides that the vote of a majority of the members elected to the council shall be necessary to pass a measure, the fact that there are vacancies in office due to death, resignation, or other cause, does not diminish the number of votes necessary to pass such measure.”) SJR:jms Enclosures MOUNDS VIEW CHARTER COMMISSION MEMBERS (REVISED April 14, 2016) Name Address Phone Term Expires Brian Amundsen 3048 Woodale Drive 763-786-5699 10/31/16 Mounds View, MN 55112 Bill Doty 3049 Bronson Drive 763-786-3421 10/31/18 Mounds View MN 55112 Johnathan Thomas 8040 Groveland Road 763-784-5205 10/31/16 Mounds View, MN 55112 Jerry Peterson 8125 Red Oak Drive 612-607-3953 10/31/20 Mounds View, MN 55112 STAFF: Jim Ericson, City Administrator 2401 County Road 10 City of Mounds View Mounds View MN 55112 www.ci.mounds-view.mn.us 763-717-4001 Teresa Warner , Chief Judge 15. W. Kellogg Blvd. 2nd Judicial District St. Paul MN 55102 Wendy Van Duyne, Court Operations Supervisor 15 W. Kellogg Blvd. 2nd Judicial District St. Paul MN 55102 Wendy.vanduyne@courts.state.mn.us 651-266-8250