Introduce Ordinance #22-17 Amending the City Charter Prohibiting Membership on the Charter Commission of City Council Members

The City Council reviewed the attached Ordinance #22-17 at a work session on March 8, 2022, as well as discussed a referendum option for Charter Amendments.  The attached ordinance was brought forward to the March 22, 2022 City Council regular meeting where a motion to table the ordinance and send it to the Charter Commission for their decision failed to pass on a 3-4 vote.  Confirmation on the matter was provided by former City Administrator Ulrich in that the failed action on tabling and no subsequent approved motions meant the amendment could be brought forward via petition by voters.
 
The City Council further established a policy regarding the recruitment, application and judge appointment process for the Charter Commission.  This policy was formally adopted on June 14, 2022.  The policy is attached for reference.
 
Councilors Howell and Musgrove have requested reconsideration of Ordinance #22-17.  Since previous review, no revisions to the proposed language have been made.
 

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This ordinance is presented for introduction.  As previously discussed by the Council, an amendment of the Charter is subject to specific statutory provisions outlined in the attached MS 410.12.  Per M.S. 410.12, there are two pathways to amend the City Charter.  These include a ballot question or an ordinance adoption.  Within each pathway, there are options with how an amendment may be proposed and enacted.  In no particular order, they are as follows:
 
Ballot Question

1. Via a question proposed by the Charter Commission.
2. Via a petition of voters, equal in number to five percent (5%) of the total votes cast at the last previous state general election in the city.  The text of the amendment is established by the petitioners and reviewed by the Charter Commission.
3. Via Ordinance proposed by Council.  In this scenario, Council would be required to submit the proposed to the Charter Commission for their review.  The Charter Commission shall approve or reject the proposed amendment, or provide suggest a substitute amendment.  Upon review by the Charter Commission, the City Council may submit to the people the originally proposed amendment or the substitute amendment.

Ordinance Adoption

1. The Charter Commission may recommend the City Council amend the charter by ordinance.  Within one month of receiving a recommendation to amend, the City must publish notice of a public hearing of the proposal.  Within one month of the public hearing, the City Council must vote on the proposed charter amendment.  If approved unanimously, the ordinance goes into effect 90 days after passage subject to no petition is submitted by voters forcing a referendum.

This is being handled under normal staff duties.

Staff does not have a recommendation on this matter.

If a motion to introduce Ordinance #22-17 passes.  The ordinance would be brought back for final consideration at the October 25, 2022 City Council meeting.