02-08-2018 Charter Commission Regular Meeting 1
Minutes of the Hopkins Charter Commission
February 8, 2018
CALL TO ORDER/ROLL CALL
The Hopkins Charter Commission met on February 8, 2018 in the Raspberry Room at
City Hall, 1010 1st St. S., Hopkins. Present were Commission Members Dunn, Fischer,
Folk, Genellie, Johnson, Meland, and Shirley. Members absent were Datta, Johnson,
Kerssen, and Ringuette. Also present was City Clerk Domeier and City Attorney Riggs.
The meeting was called to order at 6:30 p.m. by Chair Genellie.
APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Motion by Meland. Second by Fisher.
Motion to Approve the December 14, 2017 Charter Commission Regular
Meeting Proceedings.
Ayes: 7
Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried.
REPORTS
City Clerk Domeier provided an update on the first reading of Ordinance 2018-
1128 amending Chapter 6 of the Charter. The second reading is scheduled for
February 20. If approved, the Ordinance will be published and the changes to the
Charter will go into effect on May 30.
NEW BUSINESS
6.1. 2018 Charter Amendment: Chapter 2
City Clerk Domeier stated that a number of changes were proposed for Chapter 2. A
majority of the changes were to bring the sections in compliance with state law .
Section 2.04 Incompatible Offices
City Attorney Riggs summarized the proposed changes noting the language mirrors the
exact language of the LMC model ordinance. Conflict of interest language was added
to the section. Chair Genellie suggested removing section 12.03 Subd. 3 from the code
with the proposed language addition to Chapter 2. Discussion was held regarding the
proposed language.
Motion by Folk. Second by Shirley.
Motion to approve language changes to Section 2.04 as follows:
Section 2.04 – Incompatible Offices/Conflicts. Neither the mayor nor any
member of the council shall be appointed city manager, nor shall any
2
member hold any additional 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. The last sentence in Section
12.03, Subd. 3. should be deleted.
Ayes: 7
Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried.
Section 2.05 Vacancies
City Attorney Riggs summarized the changes proposed and recommended that the
Commission use the language provided in the first proposal. Discussion was held
regarding language related to infamous crimes, felonies, competent tribunal and Mayor
Pro Tempore.
Motion by Folk. Second by Dunn.
Motion to approve language changes to Section 2.05 as follows:
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
3
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 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 mayor pro tempore 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.
Also directing the City Attorney to review language in Subdvisions 5 and 7
and propose terms for words such as infamous crime and competent
tribunal.
Ayes: 7
Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried.
Section 2.08 Investigation of City Affairs
City Attorney Riggs summarized the proposed change to the section. Discussion was
held regarding the proposed options. The Commission favored wording in both sections
and discussed combining the language.
Motion by Meland. Second by Fisher.
4
Motion to approve language changes to Section 2.08 as follows:
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 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.
Ayes: 7
Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried.
The Commission decided to forego any changes to Interference with Administration or
the adding of language for Boards and Commissions at the time. City Clerk Domeier
stated that the Boards and Commissions have adopted bylaws and standards are
included in the City Code. She wanted to ensure the language matches if added.
6.2. 2018 Charter Amendment: Chapter 6
City Clerk Domeier summarized the proposed changes to Chapter 6 related to the
Hopkins Police Department Review Committee. The changes are proposed as part of
the City Code recodification project. Chair Genellie provided more information about
the creation and history of the committee.
Motion by Dunn. Second by Fisher.
Motion to delete Section 6.02, Subd. 6a.
Ayes: 7
Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried.
6.3. Set Next Meeting Date
The next Charter Commission meeting was set for October 11 at 6:30 p.m. City Clerk
Domeier will check room availability and send out a calendar invite . 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 Fischer, the meeting was unanimously adjourned at 8 p.m.
Respectfully Submitted,
Amy Domeier, City Clerk