Agenda - Charter Commission - 08/27/2020

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Commissioner Leistico asked if an Advisory question on a General Election Ballot would lead to confusion. City Clerk Thieling stated that the question would be clearly stated that it is an advisory question and is non -binding. Commissioner Bendtsen stated he preferred Option 4 but only have it on a General Election date. Chairperson Field stated he preferred Option 4. City Attorney Langel explained Section 4.5 addressing the issue of vacancies. He stated the current language does not mesh with State law and the City had to violate City Charter in order to follow State law. He stated each option provided meets State law and clarifies vacancy appointment versus holding a Special Election. He briefly summarized each option in Section 4.5 stating that he recommends the Commission choosing Option 3 or 4 as it eliminates the 365- day period. City Clerk Thieling stated there was a typo in Option 4 stating the word "notice" should be added to "three or more days before the first day to give (notice) of the period". City Attorney Langel clarified that if the vacancy occurred early enough to flow in the regular election cycle then the City would proceed with filling it. If it did not, then the process would flip to the next year and the City will hold a special election. He stated an appointed Councilmember will fill t .:� cy until the election. Commissioner Anderson stated there were long periods of time with a Council vacancy. City Attorney Langel stated that all these options would resolve that issue. 11111 Commissioner Sivertson asked what the Commission needed to do in order to make these corrections official. City Attorney Langel stated that one the Commission voted on the changes, he would put it in Ordinance format and present it to the City Council. Commissioner Fuhreck asked if there was a way to avoid where one person resigned to take another seat, forcing a special election. City Attorney Langel stated it is compliant with State Election law to hold office while running for office and is not sure if the Charter could be amended to prohibit that. Chairperson Field asked the Commission to consider appropriate length of time for an appointed member to be in office without the approval of the voters. Commissioner Bendtsen stated he is leaning to Option 4 because it appeared to be the shortest period of time an appointee can to hold office. Charter Commission/ October 17, 2019 Page 7 of 10