Minutes - Charter Commission - 09/26/1983

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Commissioner Sieber stated that if the charter properly conveys the intent to this and all future Councils, and 'Council adheres to that intent -- legal or not -- nobody will every challenge the intent. Mr. Dorn noted that there is a case on record where one invalid clause invalidated the entire charter. Mr. Dom stated that if a charter goes to press under his signature, he is not real anxious to see a charter that has an invalid clause in it. Regarding budgets by ordinances rather than be resolutions, Mr. Dorn doubted if that was legal. Later on, if there are costs damages to the people because this is in your charter you could wind up where the city is legally unauthorized to expend funds, the city could be defaulting on obligations and the bond rating would be ru~ed.'' As an alternative, you could recall Council for adopting budgets that the citizenry do not agree with; but in your proposed charter you have limited yourselves to recall on the basis of malfeasance, misfeasance and nonfeasance. The charter does not have to be limited to those three criteria for recall -- will also check this out to be sure. Commissioner Data dismissed himself from the meeting at 10:00 p.m. Motion by Commissioner Sieber and seconded by Commissioner Lichter that for the purpose of the public hearing scheduled for September 28, 1983, the Commission adopt Version i of Chapter 8 (this would exclude any action taken at the Commission's regular meeting of September 22, 1983) and Chapter 7, with the following exceptions: Both terms,resolution and ordinance, be included in Chapter 7 for discussion purposes and a 'stated 5 year long term plan' instead of an 'implied 5 year long term plan' be expressed in Chapter 7. Motion carried. Voting 'Yes: Chairman Heitman, Commissioners Sieber, Bauer- kemper, Lichter and Greenberg. Voting No: None. Absent: Commissioners Data, Buchanan, Titterud and Gamec. The Commission noted for the record, that they are taking steps that are contrary to action taken at their meeting of September 22, 1983, but it is not the Commission's intent to makethis version of the charter the final version -- it is still open for modification. ADJOURNMENT Motion by Commissioner Lichter to adjourn this special meeting of the Charter Commission. Commissioner Bauerkemper seconded the motion. Motion carried. Voting Yes: Chairman Heitman, Commissioners Sieber, Bauerkemper, Lichter and Greenberg. Voting No: None. Absent: Commissioners Data, Buchanan, Titterud and Gamec. The special meeting adjourned at 10:15 p.m. Respectfully submitted, Sylvia Frolik Secretary Sp CC/September 26, 1983 Page~-of 5