Agenda - Charter Commission - 11/29/2001

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COMMISSION BUSINESS Case #1: Consider City Charter Amendments to Chapter 5, Dealing with Petition Sufficiency and Approval Requirements of Initiative, Referendum and Recall City Administrator Norman stated that petition sufficiency was handled at the last meeting (August 9, 2001), when the Commission considered a request by Commissioner Swanson to consider minimum requirements of petition signatures in 9rder for the election of initiative, referendum, or recall to take place. Currently, Section 5.3 requires that at least ten percent of the total number of registered voters at the time of the last citywide election, is necessary in order to bring about an initiative or referendum election and that twenty percent of the total number of voters at the time of the last citywide election is necessary for the recall election. The Charter Commission recommended a Charter Amendment to change the number of registered voters necessary for a petition to bring about an initiative or referendum to. twenty percent, in order to be uniform with the petition requirements for recall. The issue was to be held until after the September 6 meeting, in order to discuss the other item being considered in Chapter 5, and then fom, arded to the City Council. The second part of Case #1 deals with approval requirements of initiative, referendum and recall. Commissioner Ben Deemer proposed striking the language in Section 5.5 and 5.7 and adding language 5.9 that includes the heading "Major Voter Turnout". The proposed Charter amendment language would basically add a requirement to initiative, referendum or recall in that "the majority, of registered voters at the time of the last citywide election vote on the ballot question" and that "the majority of persons voting, vote in favor of the ballot question" would be necessary before the question would be deemed approved by the voters. The discussion during the meeting included removing recall and lowering the percentage of voters necessary to approve matters from a majority to 25 percent of registered voters. The motion was tabled so that staff could prepare draft language for Commission consideration. Mr. Norman noted the change from 10 percent to 20 percent in Section 5.3. In Section 5.9, Majority should be changed to minimum. Commissioner Deemer disseminated other language pertaining to the proposed section 5.9. Such handout is included with the minutes as Exhibit B. He stated that the Commission could discuss numbers later - whether it is 20 percent or 25 percent, etc. He proposed that 51 percent of those voting have to vote yes. It has to be 51% if we include State Statute 410. Chairperson Vogt suggested discussing Mr. Goodrich's wording on Section 5.9 first. Commissioner Childs stated that the Commission came up with the 25 percent as an arbitrary number. He noted the 20 percent number and felt that is achievable. City Attorney Goodrich referred to State Statute 410.12. One way of amending the Charter is through State Statute 410.12, however, that Statute does not have any provision that would altoTM the 25 percent number. He is confident that this provision will not be constitutional. You jeopardize the entire question if you leave Minnesota State Statute 410.12 in. Discussion ensued relating to how to change the Charter based on the Charter in general. -2- Charter Commission - September 6, 2001 Page 2 of 11