Agenda - Charter Commission - 02/02/2023

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Motion by Commissioner Leistico, seconded by Commissioner Moore, to elect Commissioner Joshua Fuhreck to serve as Vice Chair for the Charter Commission for years 2022 - 2023. Motion Carried. Voting Yes: Chairperson Field, Commissioners Moore, Rusert, Deemer, Fuhreck, Leistico, and May. Voting No: Commissioner Bendtsen. Absent: Commissioner Anderson. 5.3 Approve Year End Activity Letter to Chief Judge for Year 2021 Chairperson Field noted that included in the case was the draft summary letter for the year 2021 for the Commission's review, comment, and approval. Once approved by the Commission, staff will forward the letter to the Chief Judge. Motion by Commissioner Deemer, seconded by Commissioner Fuhreck, to approve the year-end annual report letter for 2021 and direct staff to submit such report to The Honorable Stoney L. Hiljus, Chief Judge of the Tenth Judicial District. Motion Carried. Voting Yes: Chairperson Field, Commissioners Bendtsen, Deemer, Fuhreck, Leistico, May, Moore and Rusert. Voting No: None. Absent: Commissioner Anderson. 5.4 Continue Review of Amendments to Chapter 4 of the Charter — Nominations and Elections Chairperson Field commented that he believed that the Commission had already made a decision on 4.1 and 4.2. Commissioner Bendtsen referenced the communication from the City Attorney in the past few months related to precedent of the Charter over State Statute. He asked if the City Charter takes precedent. City Attorney Knaak commented that his opinion letter was included in the list of materials for this item. He commented that the Charter Commission agreed on a decision for 4.1 and 4.2 but the Council had some concerns as he relayed in his letter. He noted that prior Council did a very thorough job in putting language in front of the Commission that would have conformed with State law, but the Commission can decide whether or not that conformity with State law is a good thing or not. He stated that the State Statute is clear when it comes to primary elections and general elections that the Charter would overrule the State law, whereas typically State law trumps provisions of a Charter. He stated that while the changes may be a good idea, the Commission is not compelled to make the changes under State law. He stated that doing nothing would be an option. He confirmed that this provision only applies to City elections and would also apply to referendums. Chairperson Field noted that 4.1 and 4.2 were already approved by the Commission and it was confirmed that no action would be needed on 4.3 He noted that there are four options to consider for 4.4 and read through the different options. He noted that the Council did have a discussion about this after the Commission made its recommendation on 4.1 and 4.2 and the minutes from Charter Commission/ October 26, 2022 Page 3 of 8