Adopt Ordinance #23-07 to Amend Chapter 4 of the Charter - Nominations and Elections

The Charter Commission met on February 2, 2023 and is recommending the City Council amend the charter by Ordinance #23-07 under M.S. 410.12, subdivision 7. The recommended ordinance is to amend parts of section 4.5 of Chapter 4 of the City Charter. The changes include updating the appointment process in the case of a vacancy and how we handle appointments when no one files an affidavit of candidacy for an open council seat. The ordinance was introduced at the last regular meeting and the second reading is this evening for the final vote. 

BACKGROUND:
Changes to State Election Law
The State Legislation previously set uniform election dates for special elections, which prompted a complete review of Chapter 4, Nominations and Elections, of the City's Charter. The current Charter language does not include these dates, is not entirely consistent with State law, and causes problems in administering City elections.

Charter Commission Actions - To Date
The Charter Commission started its work on updating Chapter 4 in February 2019. In cooperation with former City Attorney Langel, a draft ordinance (#19-15 " An Ordinance Amending the Charter by Repealing and Replacing Chapter 4 - Nominations and Elections") was drafted and then reviewed by the City Council on December 10, 2019, but it did not pass. In order for the ordinance to pass, all Councilmembers must motion in favor of the Ordinance. 

• Section 4.1 and 4.2 Changes were approved by the Charter Commission on November 17, 2021
  • Slight revisions to Section 4.1 and 4.2 were approved by the Charter Commission on February 2, 2023
• Section 4.4 Changes were approved by the Charter Commission on October 26, 2022
• Section 4.5 Changes were approved by the Charter Commission on February 2, 2023

Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing of the proposal. The city must hold the public hearing on the proposed charter amendment at least two weeks, but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. Under M.S. 410.12, subdivision 7, if the City Council unanimously approves the ordinance, then the ordinance is enacted 90 days after passage and publication. 

• The City Council met on March 14, 2023 to receive the recommendations from the Charter Commission.
• A Notice of Public Hearing was published on Friday, March 24, 2023.
• A Public Hearing was held and Ordinance #23-07 was introduced on April 11, 2023. 
• If the City Council unanimously approves adoption of Ordinance #23-07 this evening, then the Charter amendment will take effect 90 days after publication. If an affirmative vote is not received by all Councilmembers, the ordinance would fail. 

Motion to waive the City Charter Requirement that the Ordinance be read aloud and Adopt Ordinance #23-07 Amending Chapter 4 of the City Charter - Nominations and Elections