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

At the time of this Charter Commission Agenda Packet preparation, the City Council is considering the adoption of Ordinance #22-17.  The purpose of the ordinance is to amend the City Charter to restrict membership on the Charter by City Council members.  Ordinance #22-17 is being considered under Minn. Stat. 410.12, subdivision 5.  In this scenario, Council would be required to submit the proposed amendment 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.

Other scenarios for Charter amendments 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.  This scenario is the one being presented by the City Council currently.

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 being submitted by voters forcing a referendum.

The City Council is expected to act on the consideration of Ordinance #22-17 at their October 25, 2022 regularly scheduled meeting.  Staff will provide a verbal update on their decision during the Charter Commission's meeting on October 26, 2022.
Alternative 1: Review and accept the proposed language.  The City Council may submit to the people of Ramsey the amendment.  The amendment shall become effective only when approved by the voters.
Alternative 2: Review and propose suggested substitute language.  The City Council may submit the originally proposed language of the suggested substitute language of the Charter Commission.  The amendment shall become effective only when approved by the voters.
Alternative 3: Reject the proposed language.  The Statute is not clear on what occurs following this option.  City Attorney Knaak will be present to answer this question if neccessary.
Alternative 4: Within 60 days of receiving the proposed language, extend the time for review by another 90 days by filing with the City Clerk its resolution determining that additional time for review is needed.
Alternative 5: According to City Attorney Knaak, State Law does not preclude the Charter from proposing their own language at the same time under Minn. Stat. 410.12, subdivision 7.
 

Staff does not hold a recommendation on this matter.

Dependent on Charter Commission direction.