Minutes - Council - 02/22/2022 - Laserfiche WebLink

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Councilmember Woestehoff replied he would. City Administrator Ulrich stated that procedurally, what Councilmember Musgrove was alluding to, would require a Charter Amendment. The Council would give it to the Charter Commission to consider, it would then come back to the Council and if it has the unanimous vote of the Council, it could be adopted as a Charter Amendment. If it doesn’t have a unanimous vote of the Council, there is a process to bring it to referendum. Charter Commission Chair Joe Fields stated that the question comes down to two: were the protocols used in the past utilized this time; and, were those protocols consistent to any governing laws pertaining to this process. He has looked at the Charter and it is silent on where a Councilmember can be on the Charter Commission. He stated that City Administrator Ulrich misspoke and meant to say there is nothing in the Charter to prohibit a Councilmember from serving. He thought, given the power invested in a Charter Commission which limits control to its local citizens, it is a standing constitutional convention. It is the only authority that has more power than the City Council. Now, a Councilmember is going to have a vote and a say on that Commission. He stated if he thought it was going to be a problem, he would have said no from the beginning. He stated they maintain local control, which means they can have a direct say and so can the citizens. To have a Councilmember serve on the Charter Commission is a questionable precedence. He stated consider what was just advocated by the City Administrator, that the Charter Commission would propose a measure to amend the Charter to not allow a Councilmember to serve. If that is done, it must come back to this Council for a unanimous vote when a member is also on the Charter Commission to vote himself out. He stated he would vote himself out, but he suggested that should be done now. He suggested that the Council initiate the measure to change it so no Councilmember can serve on the Charter and they will see if the Councilmember can abstain from that vote. He noted the issue of a grandfather clause would apply to the current Councilmember, which he didn’t think it should apply. Mayor Kuzma stated the judge appointed Councilmember Woestehoff and has to be aware of the circumstances, given there were multiple applicants, and if there was a problem he wouldn’t have been selected. Councilmember Howell replied the question isn’t whether Councilmember Woestehoff could legally be appointed by a judge. What has been pointed out is that the circumstances are oddly inconsistent in the advertisement of the position and while legal requirements were met, it made it impossible for a lot of residents to find the position. She questioned why the City Clerk did that. Councilmember Heineman asked City Attorney Knaak to explain the role of the Charter Commission as it pertains to the City Council. City Attorney Knaak replied the Charter Commission is a standing constitutional convention for the City. The relationship is just that. It is not a legislative body but is more of a foundational body. He stated there is no legal reason to prohibit it, although some cities choose to do so. He wasn’t sure it is necessary that there is a Charter provision, in their own internal regulations it could be indicated what commissions or other outside activities a Councilmember would be City Council / February 22, 2022 Page 24 of 34