5.1.
Charter Commission
- Meeting Date:
- 02/13/2019
- Submitted For:
- Jo Thieling
- By:
- Jo Thieling, Administrative Services
Information
Title:
Review of Charter Chapter 4 Nominations and Elections
Purpose/Background:
Purpose: The purpose of this case is to review the existing provisions in the City's Charter relating to conducting elections as the current Charter language is not entirely consistent with State law.
Background: Recently passed legislation setting uniform election dates for special elections prompted a complete review of Chapter 4, Nominations and Elections, of the City's Charter. The Charter language is not entirely consistent with State law and causes some problems in administering City elections. Attached to this case is the memorandum from Attorneys Langel and Shepherd. There are sections that must be amended to be consistent with State law, and other sections that may be amended to allow for less confusion and easier administration of City elections. Many of the sections of this Chapter are preempted by State law. The Attorneys have provided detailed commentary for each specific provision.
It is anticipated City Attorney Langel will be present for questions.
Background: Recently passed legislation setting uniform election dates for special elections prompted a complete review of Chapter 4, Nominations and Elections, of the City's Charter. The Charter language is not entirely consistent with State law and causes some problems in administering City elections. Attached to this case is the memorandum from Attorneys Langel and Shepherd. There are sections that must be amended to be consistent with State law, and other sections that may be amended to allow for less confusion and easier administration of City elections. Many of the sections of this Chapter are preempted by State law. The Attorneys have provided detailed commentary for each specific provision.
It is anticipated City Attorney Langel will be present for questions.
Notification:
The meeting notice was posted on the City's Public Notices Board as well as on the City's website.
Observations/Alternatives:
Observations: There are sections of Chapter 4 of the Charter that must be amended to comply with State Statutes; and there are other sections that may be amended. Amending, or repealing this chapter of the Charter would allow for making administration of City elections more straightforward.
Alternatives: There are a couple of alternatives with regard to this chapter. The Charter could suggest an ordinance amending only the provisions that are not consistent with State Statute or the Charter could suggest an ordinance amending or repealing the entire Chapter 4, making the conduct of elections more straightforward. Again, as noted above, there are many sections of this Chapter that are preempted by State law.
Alternatives: There are a couple of alternatives with regard to this chapter. The Charter could suggest an ordinance amending only the provisions that are not consistent with State Statute or the Charter could suggest an ordinance amending or repealing the entire Chapter 4, making the conduct of elections more straightforward. Again, as noted above, there are many sections of this Chapter that are preempted by State law.
Funding Source:
N/A
Recommendation:
Staff recommends the Charter Comimssion come prepared to discuss the amendments to Chapter 4 of the Charter.
Action:
Motion to direct staff to draft an ordinance to amend Chapter 4 of the City's Charter, based upon discussion this evening.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Jo Thieling | 02/07/2019 01:04 PM |
| Kurt Ulrich | Kurt Ulrich | 02/07/2019 01:51 PM |
- Form Started By:
- Jo Thieling
- Started On:
- 02/07/2019 12:13 PM
- Final Approval Date:
- 02/07/2019