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HomeMy WebLinkAboutJuly 8 Draft Letter_to_Judge_regarding_Charter_Commission Brian AmundsenDRAFT July 8, 2019 The Honorable John H. Guthmann Chief Judge Second Judicial District Room 1470 Ramsey County Courthouse 15 Kellogg Boulevard West St. Paul, MN 55102 Re: Mounds View Charter Commission Membership Your Honor: The Mounds View City Council (the “Council”) by unanimous decision has directed me to request your help in considering the removal of Mr. Brian Amundsen from the Mounds View Charter Commission (the “Commission”) effective immediately. Mr. Amundsen’s expires on October 1, 2020. The Council’s unprecedented request is based on a substantive effort over the past 16 months to achieve a full complement of Commission members in order for the Commission to address a number of issues and concerns involving the Mounds View City Charter (the “Charter”). Unfortunately, after achieving a full complement of the Commission in January of this year, following the most recent Charter Commission meeting on May 21, 2019, the City received an abrupt resignation from the chair of the Commission and has notice from two more of the new members that their resignations are forthcoming as well. Additionally, a third member has now shared while they will not resign, upon conclusion of their term, they will not serve again unless changes are made. Thus, council has received one resignation and has the equivalent of 3 pending for a total of 4 out of 9 commission members. The Council has reviewed historical data, emails, legal opinions, and the May 21, 2019 Commission meeting and subsequently discussed the situation at its June 4, 2019 Council workshop and as a council agenda item at their June 11, 2019 meeting at which time substantive public input was given. Following the June 11, 2019, a subset of council and/or the City Administrator met with 5 of the commissioners and at their workshop on July 1, 2019 unanimously concluded that absent a removal of Mr. Amundsen, the City and Commission will continue on a path of high turnover resulting in a continuation of a dysfunctional Commission. While possibly well-intended, the conduct and behaviors of Mr. Amundsen has indisputably resulted in individual after individual leaving the Commission, with the result being that full Commission membership and quorums being unobtainable. The attached data details that reductions in Commission membership, via a change in the Commission’s bylaws, from 15 to 11 members in 2003 was insufficient to achieve a full complement for the Commission and a quorum. Similarly, from 2004 through 2016, a full Commission and quorum were seldom achieved, with the years of 2014, 2015, and 2016 exemplifying the situation, as out of 11 required Commission members, only 3 members remained. In the fall of 2016, two more Commission members were added bringing the total to 5. In 2017, the Commission again changed its bylaws further reducing its membership from 11 to 9 members. Through extensive efforts by Council and City staff, the Commission achieved 8 members at the end of 2018. In January of 2019, the Commission achieved a full complement of members, and for the first time in more than a decade, had a full Commission present for its 2019 meetings. Unfortunately, with the resignation of Chair Reyes-Johnson and the pending resignations of two more Commission members, the Commission will once again revert to times past. Included with this correspondence is the unapproved minutes of the most recent Commission meeting; however, if so inclined, the video is available on the City’s web page at https://webstreaming.ctv15 .org/viewer.php?streamid=3589. The video arguably provides a more descriptive display of body language, voice modulation, and inflection of Commission members. The combination of this Commission membership turnover, when combined with a focus on minutia, extreme formality, and substantive resistance to change/suggestions by Mr. Amundsen as well as repeated rejection of City Attorney advice, has/will have a compound negative impact. Attached is a document illustrating the current Commission membership revealing most members abundant with minimal service. Effective public policy adoption and Charter updates simply fail as meetings are monopolized by reliving the previous Commission meetings. By way of example, the annual reports submitted to the Court pursuant to Minnesota Statutes reveal that the Commission spent 8-plus years (69 meetings) discussing issues related to revising Chapter 8 of the Charter. The attached flow chart produced by the Commission for Chapter 8 illustrates both the minutia as well as the failure to create a Charter that is simple to read and easy to understand. Similarly, but less egregious, was the recent Commission task of reviewing Chapter 4 of the Charter (special election if a vacancy occurs) which traversed an 18-plus month journey (this review and proposed language revision is ongoing). In both cases, Council had advocated for a “simplification” of Charter language as a component of the Commission’s work product. The dysfunction of the Charter Commission for more than a decade continues to prohibit the Council and the City from realizing the necessary contributions of the Commission and the willing members that have stepped forward to serve the community. The Council’s analysis, observations, review and discussions lead it to the unfortunate but necessary conclusion that the removal of Mr. Amundsen is necessary for the success of the Commission and the City. The consequences of failing to take this action will result in a continuation of past Commission practice and dysfunction. The most recent events involving the Commission provide extreme clarity on this point. The situation if further exacerbated as Mr. Amundsen has stated to City Administrator Zikmund that he has “hidden or ulterior” motives with him former vowing to watch his every move. Thus, in conjunction with the indifference towards advice from the City Attorney (who is council to the Commission) the relationship with City Staff is something less than desirable. In closing, the Mounds View City Council has minimal desire to cast deleterious aspersions a long serving individual of the community and prefers to focus on the viability of a functioning Charter Commission body. The City’s Planning and Zoning Commission, Parks, Recreation and Forestry Commission, and Economic Development Commission all operate with stability, a high degree of functionality and productivity. This is critical to good government and policy making. Attached to this correspondence please find the following: Email from Mr. Amundsen to Commission Members and City Staff with Mr. Amundsen giving clear direction to City Staff. Mr. Amundsen has not authority or permission to direct city staff. Email from Mr. Amundsen to City Attorney Scott Riggs giving clear direction again to undertake a specific task. Of note, this is in direct conflict with what was detailed at the Charter Commission meeting held May 21, 2019. Chart detailing the current membership of the Commission and their length of service. Chart detailing chair/secretary and membership of the Commission since 2002 which is the point in time both Mr. Amundsen and Mr. Thomas started serving together. This chart also provides detail on when the Commission went from 15 to 11 members (2003) and then 11 to 9 members in 2017. The chart further provides the number of meetings per year (monthly until 2015 then bi-monthly) as well as the times met despite absence of a quorum and the number of meetings cancelled due to lack of quorum. The Chart also details the authorized Commission size along with the actual number of members as of December 31 of each calendar year. A running history of significant events since 2002, again the point in time both Mr. Amundsen and Mr. Thomas started serving together. Memoranda from Kennedy & Graven, Chartered, provided to staff, Council and the Charter Commission related to quorum requirements for the Commission. Correspondence drafted by then Chair Thomas to Council (2003) extolling his understanding of quorums. Sampling of Charter Commission minutes over the years in which quorums were not met yet Commission continued to operate. Chart/graph produced by the Commission to aid in understanding Chapter 8 of the Charter. Transcripts of phone calls between Mr. Amundsen and Mr. Zikmund.