Agenda - Charter Commission - 05/19/2011

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Motion by Commissioner Niska and seconded by Commissioner Field that the Charter Commission recommends adding the wording to the end of Section 2.1 of the existing Charter to read: "Not withstanding any State Statute or Ordinance to the contrary, the power to appoint and remove department heads shall be reserved to the City Council ". Further Discussion: Commissioner Anderson believed the issue was the meddling of the Council in the running of the City. Temporary Chair Frederick noted that was the City Manager's responsibility to handle this. Sherman recommended "in concern /conjunction with the City Manager ". ROLL CALL: Chair Deemer — Absent Commissioner Field — Aye Commissioner Niska — Aye Commissioner Anderson — Nay Commissioner Sherman — Aye Commissioner Shea — Aye Commissioner Cleveland — Absent Temporary Chair Frederick — Aye Motion carried. Motion by Commissioner Sherman, seconded by Commissioner Shea that the Charter Commission recommends that the Charter Amendment to the City Manager form of government deleting the appointment and removal authority of the City Manager relating to Department heads be accomplished by Ordinance recommended by the City Charter Commission and unanimously approved by the City Council under Minnesota Statutes 410.12, Subd. 7. Further Discussion: Commissioner Niska stated his concern was primarily about Department Heads. He did not believe the people through their elected representatives are going to be concerned about each individual employee. He stated retaining the City Council's power to retain and remove department heads was the proper thing to do and this could be done by Ordinance or by referendum. Commissioner Field stated there was a shock factor in the change of government and that changes the referendum question. He expressed concern that the voter would be confused as to what was being asked and he agreed this was a reasonable compromise. Commissioner Shea stated this is what swung her vote as well. Commissioner Sherman withdrew her motion and Commissioner Shea withdrew her second. Motion by Commissioner Sherman, seconded by Commissioner Shea that the Charter Commission recommends that the amendment of Section 2.1 of the Charter as relating to Council/Manager plan of government as just previously passed by the Charter Commission be accomplished by use of the process provided by Minnesota Statute 410.12, Subd. 7, which requires the Charter Commission recommendation of an Amendment Ordinance and unanimous approval of the City Council. Charter Commission/ May 5, 2010 Page 5 of 6