Update on Topics for Discussion

At the meeting of April 19, 2012, the Commission discussed some sections of the Charter that had been slated for review at their previous meeting.  Following are the sections - and the outcome/direction of each.     

1)  Review Sections 2.3 through 2.5 of the City's Charter:  Those sections read as follows:

Section 2.3 Council Composition and Election.

2.3.1 Mayor and Council. The council shall be composed of the mayor, elected at-large, two councilmembers elected at-large, and four councilmembers, each of whom shall be elected from a separate Ward as established or amended pursuant to this charter. The mayor and councilmembers shall be qualified electors. Each councilmember elected from a ward shall be a resident of the Ward, but a change in Ward boundaries does not disqualify a councilmember from serving the remainder of a term. Except as hereinafter provided, councilmembers shall serve for a term of four years and until a successor is elected and qualifies. The mayor shall serve for a term of four years and until a successor is elected and qualifies. The elections for the mayor and councilmembers shall be held as provided in Subsection 2.3.3.

2.3.2 Wards. The city shall be divided into four separate Wards. The boundaries of such Wards shall be determined by ordinance based upon population as determined by the most recent federal decennial census and shall be as equal in population as practicable and each Ward shall be composed of compact, contiguous territory. An ordinance designating the boundaries of the City’s election Wards shall be enacted within sixty days after the state legislature has been redistricted or by May 10 in the year ending in two, whichever comes first. The Wards shall be designated as ward numbers 1, 2, 3 and 4.

2.3.3 Transition Schedule.

2.3.3.1 For the 2002 Citywide election only:
(1) Councilmembers elected in the year 2000 shall be assigned to the Ward in which he/she resides.
(2) Councilmembers from Ward Numbers 1 and 3 shall be elected.
(3) Two at-large councilmembers shall be elected, with the candidate receiving the highest number of votes serving a four-year term and the candidate receiving the second highest number of votes serving a two-year term.

2.3.3.2 For the 2004 Citywide election only:
(1) Councilmembers from Ward Numbers 2 and 4 shall be elected.
(2) One at-large councilmember shall be elected to serve a four-year term.
(3) A mayor shall be elected.

2.3.3.3 Thereafter and commencing with the City wide election in 2006, there shall be biennial City wide elections with councilmembers from Ward Numbers 1 and 3 and an at-large councilmember elected, and at the next City wide election councilmembers from Ward Numbers 2 and 4, an at-large councilmember and a mayor shall be elected.

Section 2.4 Incompatible Offices. No member of the council shall hold any paid municipal office or employment through the city other than that to which elected. Further, until one year after the expiration of his/her term, no mayor or councilmember shall be appointed or employed by the city in a compensated position which was created, or the compensation for which was increased, during his/her term as mayor or councilmember.

Section 2.5 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in the case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the city clerk, removal from office, non-residence in the city, conviction of a felony of any such person after his/her election, or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months. In each such case, the council shall publicly declare by resolution, the vacancy to exist within fifteen (15) days of its occurrence and such vacancy shall be filled according to the provisions of Section 4.5.

Outcome/Direction from April 19, 2012 Meeting: 

The Charter Commission approved a motion that the City Attorney draft an ordinance amending 2.5 to clarify the clause referring to non-residency in the City to include language relating to non-residency in the ward as well.  

The Charter Commission approved a motion that the City Attorney draft an ordinance to delete 2.3.3 and rewrite the last sentence of 2.3.1 to make it easier to understand what years different wards are elected without having to do the math. 

Note:  The City has a new City Attorney, Joe Langel, as of July 1, 2013, and he will prepare the amendments for the Charter Commission's consideration at the next regular meeting.   Given that both the attorney and some of the Charter Members are new, staff is requesting that the Commission review the past direction and clarify the intent of the proposed amendments for the City Attorney.



 2)  Attorney Goodrich suggested Section 4.5 could be reviewed at the same time.  That section reads as follows:

Section 4.5 Vacancy of Municipal Elected Office

4.5.1 When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated.

4.5.2 The city clerk shall give at least sixty days published prior notice of such special election, except as set forth under 4.5.5 of this Section.

4.5.3 The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this charter.

4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired term, the council shall, by a majority vote, appoint a successor to serve for the remainder of said term. In the case of a tie vote of the council, the mayor, or acting mayor if the office of mayor be vacant, shall make the appointment from the candidates involved in the tie vote.

4.5.5 Office Vacancy when less than eight weeks prior to primary election.

4.5.5.1 Special Election. When a vacancy in an elected office of the city occurs when there is less than eight weeks prior to a primary election there shall be no primary election, except as provided in Section 4.5.5.3 below. The special election to fill the vacancy shall coincide with the Regular Municipal Election and the notice of such vacancy shall be published as soon as is practicable.

4.5.5.2 Vacancy in offices to be voted on in the Regular Municipal Election. If a vacancy occurs less than eight weeks prior to the primary election, in the office of the mayor or the councilmembers whose seats are to be voted on in the Regular Municipal Election, said vacancy shall be considered not to exist for the purpose of the Regular Municipal Election. The person elected to fill the vacancy in the Regular municipal Election, if approved by unanimous vote of the sitting Council, may assume the duties of the office to which elected on the first business day following the City Clerk’s issuance of a certificate of election to said person.

4.5.5.3 Vacancy in an office not to be voted on in the Regular Municipal Election. If a vacancy occurs in the office of the mayor or a councilmember not standing for election in the Regular Municipal Election, a special primary election and a special election shall be held in January of the subsequent year following the vacancy to fill said vacancy. The election procedures for the special primary election and the special election shall be those election procedures for municipal office candidates as prescribed in Minnesota Statutes and this Charter. Notwithstanding Section 2.3.1 of this Charter, which provides for a four-year term for the mayor and councilmembers, the term of the mayor and/or a councilmember elected pursuant to this subsection will be for the remainder of the vacant term.

4.5.6 If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the city council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the council, the mayor shall make said appointment from the candidates under consideration.

Outcome/Direction from April 19, 2012 Meeting: 

Items that came up during discussion were the City Attorney noted that Section 4.5.5 was discussed years ago.  It talks about such a remote event that he wasn't sure why the Charter would event want to review it again.  He suggested the Commission could study 4.5 dealing with vacancies and a "learning session" could be held on it to maybe brainstorm to make the language more clear.  The question was raised about the dates of special elections - and did the Commission want to consider extending the dates so there is time for a primary election.  It should be noted that these instances are rare and a primary election is quite costly as well.  The motion approved by the Charter Commission was to postpone any action, work on ideas, and bring them back to a meeting to brainstorm.


3)  Discuss redoing the City's Charter to an article format. 

It was suggested by a resident that this format type would be more user friendly.  The Commission briefly discussed if there was enough interest to re-do the Charter and, if so, possible a task force could be formed.  Mr. Surma, the resident who brought the suggestion forward, offered to serve on that task force.  The Charter should decide if this is something to pursue. 

Outcome/Direction from April 19, 2012 Meeting: 

The Charter Commission determined it was not interested in changing the format of the Charter but that they were open to suggestions by the resident of examples of language changes, etc.  They directed the City Attorney to draft a letter to the resident stating that the Commission is trying to make the Charter more understandable but they do not find it necessary to change the format to do that. 

4)  Review Newsletter Options

At the March 26, 2012 Charter meeting, discussion ensued relating to cutting back on issues of the Ramsey Resident and to look at options other than mailing out the newsletter.  The final motion was to postpone the discussion.  Does the Charter feel it's worthwhile to look at other options of delivery - or if it's not broke, don't fix it.  

Outcome/Direction from April 19, 2012 Meeting: 

The Charter determined that if it was Council's wish to reduce the number of issues of the Ramsey Resident to four issues in the interest of being more cost efficient, the Charter would consider language amending the Charter to allow that to be done. 

It should be noted that the City Council kept the number of issues at six; however, twice a year, the newsletter is made up of one or two pages and inserted in and mailed out with the electrical utility bill.
 

Staff is recommending that the Charter Commission give direction on the above - such as work with the City Attorney - or - form a subcommittee to brainstorm clearer language, etc. 

N/A

Based upon discussion.