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02-08-2018 Charter Commission Regular MeetingHOPKINS CHARTER COMMISSION AGENDA Thursday, February 8, 2018 6:30 pm RASPBERRY ROOM AT HOPKINS CITY HALL 1010 1ST ST. S., HOPKINS, MN 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE MINUTES FROM PREVIOUS MEETING 1. December 14, 2017 Charter Commission Regular Meeting Proceedings 4. REPORTS 5. OLD BUSINESS 6. NEW BUSINESS 1. 2018 Charter Amendment: Chapter 2 2. 2018 Charter Amendment: Chapter 6 3. Set Next Meeting Date 7. ADJOURNMENT 1 Minutes of the Hopkins Charter Commission December 14, 2017 CALL TO ORDER/ROLL CALL The Hopkins Charter Commission met on December, 2017 in the Raspberry Room at City Hall, 1010 1st St. S., Hopkins. Present were Commission Members Datta, Dunn, Fischer, Folk, Genellie, Johnson, Ringuette and Shirley. Commission Members Kerssen and Meland were absent. Also present was City Clerk Domeier. The meeting was called to order at 6:30 p.m. by Chair Genellie. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Motion by Dunn. Second by Ringuette. Motion to Approve the September 28, 2017 Charter Commission Regular Meeting Proceedings Ayes: 8 Nays: 0. Absent: Kerssen and Meland. Motion carried. OLD BUSINESS 5.1. 2017 Charter Amendment: Chapter 6 Chair Genellie summarized the proposed changes to Chapter 6. Mr. Genellie also explained the process for Charter amendments. Motion by Shirley. Second by Datta. Motion to Adopt Resolution 2017-01 a Resolution Recommending Amendment of the Hopkins City Charter by Ordinance. Ayes: 8 Nays: 0. Absent: Kerssen and Meland. Motion carried. NEW BUSINESS 6.1. Set Next Meeting Date The next Charter Commission meeting was set for Thursday, February 8 at 6:30 p.m. The meeting will be held in the Raspberry Room at City Hall, 1010 1st St. S., Hopkins. ADJOURNMENT There being no further business to come before the Charter Commission and upon a Motion by Folk, Second by Dunn, the meeting was unanimously adjourned at 6:47 p.m. Respectfully Submitted, Amy Domeier, City Clerk 507800v3 SJR HP145-8 CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: February 8, 2018 Subject: 2018 Charter Amendment: Chapter 2 The Charter Commission should review Chapter 2 – Form of Government, specifically Sections 2.04, 2.05 and 2.08. Staff has prepared some examples of language that may be starting points for the Charter Commission’s review and discussion. Also proposed the addition of section 2.10. The Charter Commission is not bound to accept any of these examples, and they are only offered to provide examples for alternative approaches. The goal is for the Charter Commission to review the current language, consider staff’s identified concerns in light of those provisions, and consider potential amendments to those sections of the City Charter as discussed herein. Section 2.04 – Incompatible Offices. Current language: 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 Council Member, no former City Mayor or City 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. Discussion: Staff proposes this Section be revised and made consistent with Minnesota law, similar to the following language: Proposed language: No member of the council shall be appointed city manager, nor shall any member hold any paid municipal office or employment under the city; and until one year after the expiration of any member’s term as mayor or council member, no former member shall be appointed to any paid appointive office or employment under the city which was created or the compensation for which was increased during the member's term as mayor or council member. Except as authorized in Minnesota law, a member of the council who is authorized to take part in any manner in making any sale, lease, or contract in the member’s capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. City Clerk 507800v3 SJR HP145-8 Section 2.05 – Vacancies Current language: Subdivision 1. A vacancy occurs if an elected official dies, is convicted of a felony, is in violation of the official oath, resigns, ceases to maintain a legal residence in the City, fails to qualify for office, or fails, without good cause, to perform any of the duties of her or his office for a period of three months. In each such case the Council shall by resolution declare such a vacancy to exist and shall forthwith appoint an eligible person to fill the same. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. A person appointed to fill a vacant position can file an affidavit of candidacy to seek election to the position. Discussion:. Staff proposes this Section be revised and made consistent with Minnesota law. Some examples include the following: Proposed Language: A vacancy in the council shall be deemed to exist on the happening of any of the following events, before the expiration of the term of such office: (1) The death of the mayor or council member; (2) The resignation of the mayor or council member; (3) The removal of the mayor or council member; (4) The mayor's or council member's ceasing to be an inhabitant of the city; (5) The mayor's or council member's conviction of any infamous crime, or of any offense involving a violation of the official oath; (6) The mayor's or council member's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed; (7) The decision of a competent tribunal declaring the mayor's or council member's election or appointment void; (8) The death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived. (9) The mayor's or council member's inability to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the 507800v3 SJR HP145-8 remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. In each case, the council shall by resolution declare such vacancy to exist and shall appoint an eligible person to fill the vacant office until the next regular city election is held. In the case of a tie vote in the council for a vacancy in the position of a council member, the mayor shall make the appointment. In the case of a tie vote in the council for a vacancy in the position of mayor, the vice mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. [OR] A vacancy in the council shall be deemed to exist on the happening of any of the following events: (a) The death of the mayor or council person. If the death occurs before the person qualifies for office or before the time when by law the person is to take office, the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived; (b) The resignation of the mayor or council person; (c) The removal of the mayor or council person; (d) The mayor or council person’s ceasing to be an inhabitant of the city; (e) The mayor or council person’s conviction of any felony or of any offense involving a violation of the official oath; (f) The mayor or council member’s refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed; (g) The decision of a court or authority with jurisdiction declaring the mayor’s or council person’s election or appointment void; (h) The mayor or council person’s inability to serve in the office or attend council meetings for a 90 day period because of illness; (i) The mayor or council person’s absence from or refusal to attend council meetings for a 90 day period; or 507800v3 SJR HP145-8 (j) The mayor or council person no longer qualifies for office. In each case, the council shall by resolution declare such vacancy to exist and shall appoint an eligible person to fill the office until the next regular city election is held. In the case of a tie vote in the council for a vacancy in the position of council member, the mayor shall make the appointment. In the case of a tie vote in the council for a vacancy in the position of mayor, the president pro tem shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. Section 2.08 – Investigation of City Affairs. Current language: The Mayor, the Council, and/or the City Manager, and/or any individual formally authorized by them, shall have power to make investigations into the City's affairs. The Council shall provide for the annual examination or audit of the account of the City. Discussion: Staff proposes this Section be revised and expanded upon with additional language. Some examples include the following: Proposed Language: The council may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The council shall provide for an audit of the city's accounts at least once a year in accordance with Minnesota law. At any time the council may provide for an examination or audit of the accounts of any city officer or agency and it may provide for any survey or research study of any subject of municipal concern. [OR] The council and the city manager, or either of them, and any officer or officers formally authorized by them, or either of them, may make investigations into the city's affairs, subpoena witnesses, administer oaths, and compel the production of books and papers. The council may provide for an examination or audit of the accounts of any officer or department of the city government. The council may conduct surveys or research studies of subjects of municipal concern. Additional language proposed for Chapter 2. Staff proposes adding language in Chapter 2 as follows: Section 2.XX. - Interferences with administration. Subject to the provisions of Section _____, and Section ____, and except for the purpose of inquiry and investigation under Section ____, the council and its members shall deal with and control city departmental administrators and employees under the jurisdiction of the city manager solely through the city manager. Neither the council nor any council member shall give orders to any 507800v3 SJR HP145-8 subordinate of the city manager either publicly or privately; but may discuss city matters with any subordinate. [OR] Section 2.XX. Interferences with Administration. Neither the council nor any member of the council may dictate appointment of a person to an office or employment by the city manager. The council may not interfere with the city manager or prevent the city manager from exercising judgment in the appointment of officers and employees in the administrative service. Except for purposes of inquiry the council and its members must deal with and control the administrative service solely through the city manager. Neither the council nor any member of the council may give orders, publicly or privately, to a subordinate of the city manager. Section 2.XX. Other Boards and Commissions. (a) The council may create by ordinance if it deems necessary, such other boards and commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city or to perform quasi-judicial functions. (b) All board and commission members shall be residents and qualified electors of the city of Hopkins except as to those appointed as advisory members of boards and commissions. (c) The powers and duties of all boards and commissions shall be determined by ordinance. The council shall itself be and perform the duties and exercise the powers of such boards and commissions provided for by statute unless it otherwise so provides by ordinance. (d) Each board and commission shall consist of not less than three or more than 15 members who shall each serve for the term of three years. (e) No board or commission member shall serve as a member of more than one board or commission at the same time. No board or commission member shall serve more than three full consecutive terms and no board or commission member shall have entitlement to the second or third full consecutive term. No person shall be reappointed to a board or commission on which he or she has served three full consecutive terms during the three years immediately thereafter following. (f) Any board or commission member may be removed from office for cause shown by vote of not less than five members of the council. (g) The mayor shall appoint new members to boards and commissions, subject to the confirmation by a majority of the council. Members of the city council and residents of the city of Hopkins, may make such recommendations to the mayor of new persons for appointment to serve on boards and commissions. Existing board and commission members may be reappointed by the majority vote of the council. 507800v3 SJR HP145-8 (h) The mayor, with the approval of a majority of the full city council, may reduce the term of a board and commission member so as to provide for a reasonable staggering of terms of the members of a board or commission. 507800v3 SJR HP145-8 CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: February 8, 2018 Subject: 2018 Charter Amendment: Chapter 6 The Charter Commission has already reviewed a portion of Chapter 6 and proposed changes to Sections 6.04, 6.06, and 6.07 that will be considered by the City Council in February. The Charter Commission should also review Section 6.02 – Duties and Powers of the City Manager, specifically Subdivisions 6 and 6a. Section 6.02 – Powers and Duties of the City Manager. Current language: . Subdivision 6. The Manager shall recommend to the Council for adoption such measures as he or she may deem necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 6a. There shall be a Hopkins Police Department Review Committee. The Committee shall be three (3) Hopkins residents, appointed by the City Council, who shall not at the time of their service be Hopkins employees or elected or appointed officials. The Committee shall, upon the request of a Hopkins Police Department employee, review, and sustain, overturn or modify a discharge or discipline action against the employee. The Committee’s review shall be an alternative to any arbitration or other type of hearing available to the employee, through a collective bargaining agreement or by state or federal law. The Committee shall have the power to administer oaths and to compel attendance of witnesses and the production of books, papers and documentary evidence. The hearing shall be conducted pursuant to the standards and procedures established by the City Council by ordinance. Discussion: Staff proposes deleting Subdivision 6a. The Hopkins Police Department Review Committee has not been active since the mid-1990s. Any discharge of or discipline action taken against a Hopkins Police Department employee is conducted by the processes laid out in collective bargaining contracts and/or the City of Hopkins employee policies. City Clerk