CR 97-120 Revision of City Charter
une 13, 1997
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Council Report 97-120
REVISION OF CITY CHARTER
Proposed Action
Staff recommends that the Council approve the following motion: Approve Ordinance #97-801 for first
reading. amending the City Charter.
This action will continue the process of amending the City Charter according to the recommendations of the
Charter Conunission.
Overview
The Hopkins City Charter was adopted in 1947. It was last updated in 1995. The Hopkins Charter
Conunission met in April and voted to make two changes in the City Charter.
Ordinance #97-801 was drafted by city staff and distributed to the Charter Conunission. The Conunission met
on May 13, 1997 and voted to recommend the adoption of Ordinance #97-801 by the Hopkins City Council.
.rimarv Issues to Consider
. What is the process for amending the City Charter?
. What changes are being recommended in the Charter?
SupportiDl!: Information
. Analysis of the issues.
. Ordinance #97-801
. Memorandum to the Charter Conunission from Terry Obermaier
s . Genellie
. tant City Manager
aouncil Report #97-120
~age 2
Analvsis of the Issues
. What is the process for amending the City Charter?
The City Charter may be amended by Ordinance using the following procedure:
Upon recommendation of the Charter Commission, the City Council may enact a Charter Amendment by
Ordinance. Such an ordinance, if enacted, shall be adopted by the Council by an affirmative vote of all its
members after a public hearing upon two weeks published notice containing the text of the proposed
amendment and shall be approved by the Mayor and published as in the case of other ordinances. An ordinance
amending a City Charter shall not become effective until 90 days after passage and publication or at such later
date as is fixed in the ordinance.
Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the
ordinance may be filed with the City Clerk. Such petition shall be signed by qualified voters equal in number to
2% of the total number of votes cast in the City at the last date general election or 2,000, whichever is less. If
the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is
approved by the voters as in the case of charter amendments submitted by the Charter Commission, the
Council, or by petition of the voters, except that the Council may submit the ordinance at any general or special
.lection held at least 60 days after submission of the petition, or it may reconsider its action in adopting the
rdinance.
. What changes are being recommended in the Charter?
The current City Charter uses the term "Councilmember." Various other City publications and documents use
the term "Council Member." The Commission is recommending that the Charter be amended to replace
"Coundlmember" with "Council Member."
The second change is more substantive. Several sections of the City Charter concerning elections are in conflict
with state law. State law takes priority over the Charter in matters regarding elections. The City therefore has
to follow state law regardless of what the Charter says. There are currently some discrepancies with respect to
when election judges have to appointed, how a candidate is nominated, and when a primary can be held. The
proposed ordinance makes the necessary changes to the Charter to bring it into conformance with state law.
CITY OF HOPKINS
MEMORANDUM
To:
The City of Hopkins Charter Commission
Terry Obermaier, City Clerk
From:
Date:
April 1, 1997
Subject:
Minnesota State Statutes Regarding Elections
Chapter 4 of the City Charter is in conflict with State Statutes in several areas, particularly in the
requirements for holding a primary election and the time lines involved. The attached table
shows a comparison of the areas of conflict.
Joe Manskie of the Secretary of State's office said that Chapter 646 of the 1994 Session Laws
fixed uniform election days and that these areas of the Statutes supersede the City Charter. Kent
Silum, Attorney for the League of Minnesota Cities, concurred with Mr. Manskie's statement.
Jerre Miller, Attorney for the City of Hopkins, said that he agrees that Chapter 646 preempts the
City Charter in all three areas.
Section 4.03 could be changed to reflect the current State Laws, leaving the provision for a filing
fee in the Charter.
Sections 4.02, ELECTION OFFICIALS and 4.04, Subdivision 2. PRIMARY ELECTION could
be repealed, thereby, leaving Section 4.05 GENERAL ELECTION LAWS TO APPLY to govern
these areas.
Staffrecommends the following changes.
Section 4.03. CANDIDATES. A candidate for a city office shall file an affidavit at leaat 30
aays 13erere election not more than 70 days and not less than 56 days before the municipal
general election with the City Clerk, or application on behalf of any qualified voter of the City
whom they desire to be a candidate may be made as per Chapter 205, MUN1CIP AL
ELECTIONS, of the Minnesota State Statutes. ana filea BY flot less than fi're 'roters thereof;
pmvided that serv-iee of a copy of the applicatien shall Be made en such eandidate ana proof of
serviee enGorsed on tho application Before filiag. In either case, the filing fee shall be $5.00.
Such affidavit or application shall state that the candidate is a qualified voter ofthe City of
Hopkins, and name the office for which she or he is a candidate.
Delete Section 4.02 and Section 4.04, Subdivision 2
C:\AMIPRO\DOCSICHARTERSAM
CITY CHARTER
Section 4:02 - The Council shall at least,
ten days before each municipal or other
election, appoint not less than three nor
more than five qualified voters of each
election district to serve as judges and
clerks of election.
Section 4.03, subd I - A candidate for a city
office shall file an affidavit at least 30
days before election with the City Clerk, or
application on behalf of any qualified voter
ofthe City whom they desire to be a
candidate may be made and filed by not
less than five voters thereof;.....
STATE STATUTE
Section 204B.21, subd 2 ....The
appointments shall be made at least 25
days before the election at which the
election judges will serve.
Section 205.13, subd la .....In
municipalities nominating candidates at a
municipal primary, an affidavit of candidacy
for a city office or town office voted on in
November must be filed not more than 70
days nor less than 56 days before the first
Tuesday after the second Monday in
September preceding the municipal general
election. In all other municipalities, an
affidavit of candidacy must be filed not
more than 70 days and not less than 56
days before the municipal general
election. Subd. 5. ....The number of
signers shall be at least 500, or two
percent of the total number of individuals
who voted in the municipality, ward, or
other election district at the last
preceding municipal general election,
whichever is greater.
C \AMIPRO\DQCS\CHARTER,SAM
Section 4:04, subd. 2 - The Council may
provide by resolution for a primary election
to be held at least 14 days prior to the
general election, whenever there are more
than twice as many candidates for any
office as the number of persons to be
elected to that office.
Section 205.065, subd I - A municipal
primary for the purpose of nominating
elective officers may be held in any city on
the first Tuesday after the second
Monday in September of any year in
which a municipal general election is to be
held for the purpose of electing officers.
Subd.2 - The governing body of a city may,
by ordinance or resolution adopted at least
three months before the next municipal
general election, elect to choose nominees
for municipal offices by a primary.... The
resolution or ordinance, when adopted, is
effective for all ensuing municipal election
until it is revoked.
C \AMlPRO\DOCS\CHARTER SAM
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 97-801
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF HOPKINS
UPON RECOMMENDATION OF THE HOPKINS CHARTER COMMISSION
PURSUANT TO M.S.A. CHAPTER 410.12, SUED. 7
The City Council of the City of Hopkins, upon recommendation of
and from the Hopkins City Charter Commission does hereby ordain
and thus amend and adopt the following changes, deletions, and
amendments of or from the following chapters and sections of the
Hopkins City Charter:
\
Section 1. Section 2.02 is amended as follows:
Section 2.02. BOARDS. The Council shall itself be, and
shall perform the duties and exercise the powers of all local
boards and conunissions except as herein otherwise provided. It
may by ordinance or resolution create commissions or boards and
appoint the members thereof, with advisory powers to investigate
any subject of interest to the municipality and to prepare any
plans, subject to the approval of the Council, and the Mayor or
Councilmcrobcro Council Members may be a member of any commission
or board so created. Such boards and commissions may be given the
power to administer oaths and to compel the attendance of
wi tnesses and the production of books, papers and documentary
evidence.
Section 2. Section 2.03 is amended as follows:
Section 2.03. ELECTED OFFICIALS. Subdivision 1. The
elected officials shall be a Mayor and four Councilmcmbcro Council
Members who shall all be qualified voters. They shall all be
elected at large.
Subdivision 2. The Mayor will serve for a term of two years,
and the four CcuRcilmcmbcro Council Members shall serve for terms
of four years each. The terms of all elected officials shall
commence on January 1st and all shall serve until their successors
are elected and qualify.
Section 3. Section 2.04 is amended as follows:
Section 2.04. INCOMPATIBLE OFFICES. Neither the Mayor nor
any member of the City Council shall be appointed City Manager, or
hold any paid municipal office or employment under the City other
than the office to which elected; and until one year after the
expiration of her or his term as Mayor or Councilmcmbcr, Council
Member no former City Mayor or City Councilmcmbcr Council Member
shall be appointed to any paid office or employment under the
City, which office or employment was created or the emoluments of
which were increased during his or her term.
Section 4. Section 2.06 is amended as follows:
Section 2.06. THE MAYOR. Subdivision 1. The Mayor shall be
the presiding officer of the Council and shall vote on all motions
before the Council as any other member thereof. A president pro
tempore shall be chosen by the full City Council at the first
Council meeting in January after a municipal election. The
president pro tempore shall serve as presiding officer in the
Mayor's absence, and as Acting Mayor in' case of the Mayor's
disability or absence from the City. In cases where the Mayor and
the President Pro Tempore are both absent, the Councillllorober,
Council Member who has served the llongest, shall perform as acting
Mayor.
Section 5,. Section 2.07, Subdivision 2 is amended as follows:
Subdivision 2. EXPENSES. The Mayor and CouncillllcmberG
Council Members shall be paid a reasonable sum for each day and/or
their reasonable expenses incurred while traveling outside of the
City on the City's business. The City Manager and all other
employees of the City shall be paid their reasonable expenses
incurred while traveling outside of the City on the City's
business.
Section 6. Section 4.02 is deleted in its entirety.
Section 7. Section 4.03 is amended as follows:
Section 4.03. CANDIDATES. A candidate for a city office shall
file an affidavit at leaGt 30 daYG before election not more than
70 days and not less than 56 days before the municipal general
election with the City Clerk, or application on behalf of any
qualified voter of the City whom they desire to be a candidate may
be made as per Chapter 205, MUNICIPAL ELECTIONS, of the Minnesota
State Statutes. and filed by not less than fi~c votcrs thereof;
pro~ided that Gervice of a copy of tho application shall be Illade
on ouch candidate and proof of service endorGed on the application
before filing. In either case, the filing fee shall be $5.00.
Such affidavit or application shall state that the candidate is a
qualified voter of the city of Hopkins, and name the office for
which she or he is a candidate.
Section 8. Section 4.04, Subdivision 2 is deleted in its
entirety.
Section 9. Section 12.02 is amended as follows:
Section 12.02. OATH OF OFFICE. Every elected official of the
City shall, before entering upon the duties of his or her office,
take and subscribe an oath of office in sUbstantially the
following form: "I do solemnly swear (or affirm) to support the
Constitution of the United states and of this State, and to
discharge faithfully the duties devolving upon me as (Mayor,
Councilmcmbcr, Council Member, etc.) of the City of Hopkins to the
best of my judgment and ability."
First Reading: June 17, 1997
Second Reading: July 1, 1997
Date of Publication: July 9, 1997
Date Ordinance Takes Effect: October 12, 1997
Mayor
Attest:
.
City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date