Agenda - Charter Commission - 09/30/2004

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ballot. 2) If the City Council adopts the ordinance, citizens can have a referendum by petition and vote to have that repealed.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