Agenda - Charter Commission - 11/17/1994

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Upon inquiryjMr. Goodrich stated that the quickest way to amend the City Charter is by ordinance, an~l added that an emergency ordinance could be adopted. However, there is a state statute ~at defines how amendments have to be handled. Commission~ Kiefer pointed out that the Charter does not spell out that the Council has a four-year terrr}~ and that the two four-year temps are staggered. Mr. Schroede~' stated that if a present Councilmember resigns, but no resolution accepting resignation is ~assed, the resignation is not valid. Chairperson S~teffen inquired if the elected official could make his/her resignation effective at a later date. Commissioner Donovan arrived (8:29 p.m.) Chairperson Steffen proceeded to bring Commissioner Donovan "up to speed" on the discussion tht~s far. "We have been talking about the provisions of Section 4.2.1 being defective bec/~use of dates. This arose because the original dates were four weeks. The City was tol~ several years ago that that long of a period of time created problems in issuing absence ballots. The days were changed from 70 to 56. Section 4.2.1 did not get changed. Tha! section states that you have to resigu. That part did not get amended - it still has the period of 56 and 42 days. The filing period is too short. This gives a person the opportunity t~file after everyone else has filed. The feeling is that this provision would be deemed unco~nstitutional. If the Charter Commission recommends eliminating this provision, it ~ould be submitted to Council, but would not be effective for 90 days following its adoption. This would not be in force prior to this year's election: however, the C~ty Coungd would be declaring the mtent that th~s provision does not apply. Commissione~ Donovan felt that this would be correcting a procedural mistake. Chairperson .Steffen reiterated that this provision wal intended to prevent a sitting CouncilmemNer from running against the Mayor and coming back and sitting with the Mayor if he/si'ie loses. Even if he/she wins, they would still sit at the same table for a two- month period.i He suggested if the Charter recommends repealing this section, it would basically be taking a corrective action. City Attorney Goodrich stated that it makes sense not to correct the anomaly of the days because we would be correcting something we feel is unconstitutiolml. CALL TO O~DER Chairperson Sieffen called the regular meeting of the Charter Commission to order at 8:35 p.m. and noted that the meeting was delayed due to lack of a quorum. APPROVE MINUTES Motion by Commissioner Swokowski and seconded byl Commissioner Nelson to approve the following ~harter Commission meeting minutes: 1 ) Chartei; Commission meeting minutes dated April 2l; 1994 Motion carried. Voting Yes: Chairperson Steffen, Commissioners Swokowski, Nelson, Donovan and Kiefer. Voting No: None. Absent: Commissioners Goode, Marn, Netzloff and Spain-Bri~lt. Charter Commission/July 21, 1994 Page 3 of 5 '3