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Motion by Commissioner Bertzyk and seconded by Cormnissioner Ebel to appoint Brian <br />Swanson and Ben Deemer as Comlnission "buddies" for new members. <br /> <br />Motion carried. Voting Yes: Chairperson Vogt, Commissioners Bertzyk, Ebel, Deemer, <br />LaMere, Milless and Swanson. Voting No: None. Absent: Commissioner Simenson. <br /> <br />Case #5: Section 4.55 <br /> <br />Co,nmissioner Deemer requested that Attorney Bill Goodrich read section 4.55 aloud to which <br />Mr. Goodrich obliged. <br /> <br />Commissioner Deemer summarized that this is basically a housekeeping item - we just need to <br />havc it changed to coincide with a seven-member Council. <br /> <br />Motion by Commissioner Swanson and seconded by Commissioner Ebel to direct staff to draft <br />alternative proposed language for 4.55 as it relates to number of Council. This language should <br />be presented to the Commission at their February 19, 2004 meeting. <br /> <br />Motion carried. Voting Yes: Chairperson Vogt, Commissioners Swanson, Ebel, Bertzyk, <br />Deemer, LaMere and Milless. Voting No: None. Absent: Commissioner Simenson. <br /> <br />Case #6: 5.2, 5.3 & 5.8 <br /> <br />Colnnaissioner Deemer stated that we now have wards within the City and a petition to recall <br />should be solely within that ward. This should be cleaned up too. He felt these were basically <br />housekeeping items also. The language should be worded to accommodate wards. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner Swanson to direct City <br />Attorney Goodrich to draft language to accommodate wards, etc. in sections 5.2, 5.3, and 5.8. <br />Thc language should be presented to the Commission at their February meeting. <br /> <br />Motion carried. Voting Yes: Chairperson Vogt, Commissioners Deemer, Swanson, Bertzyk, <br />Ebcl, LaMere and Milless. Voting No: None. Absent: Commissioner Simenson. <br /> <br />Case #2: Review of State Statute 410 <br /> <br />City Attorney Goodrich stated that the question is - is initiation enabled in State Statute. Chapter <br />410.20 provides for recall and removal of officers and through three court case it's been <br />determined that's initiative and referendum - in regard to ordinances, not resolutions, not <br />contracts made by Council. Initiation is a petition. 1) Citizens can petition and have an <br />ordinance on the ballot. 2) If the City Council adopts the ordinance, citizens can have a <br />referendum by petition and vote to have that repealed. Do State Statutes provide for initiative <br />and referendum? Yes, and we have adopted the initiative and referendum within our City <br />Charter. We have referendum and recall included in our Charter also. Recall is only for <br />misfeasance and malfeasance. <br /> <br />Charter Commission/November 20, 2003 <br /> Page 6 of 7 <br /> <br /> <br />