Receive Information related to Chapter 4 of the City Charter:  Nominations and Elections and Schedule a Meeting for January / February 2019

Purpose:  The purpose of this case is to give the Charter Commission some information relating to some amendments that must be made to the City's Charter, as per State Statutes, and some sections the Charter Commission may wish to discuss and possibly amend.

Background:  As the Charter Commission is aware, Chapter 4 of the City Charter is titled Nominations and Elections. There are several sections of Chapter 4 that conflict with State Statute. 

For example, 4.1 talks about noticing the elections.  The Charter states that the Clerk will post a notice in at least one public place in each precinct and by publishing a notice at least once in the official newspaper - this does not align with State Statute 205.16 NOTICE. 

Section 4.2 Filing for Office states that a person shall file an affidavit not more than ten weeks nor less than eight weeks before the primary election - this does not align with Statute 205.13 CANDIDATES, FILING. 

The Charter says the ballots shall be preserved and the city clerk shall be the final custodian of such ballots.  This is in conflict with the Administrative Policy - Anoka County retains the ballots.

Section 4.5 references that 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 90 days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated.  This language is superseded by 205.10, subd. 3a Uniform Election Dates.  Due to these Uniform Election Dates, the timing is such that it may take up to 9 months to elect an officer fill a vacancy, especially since the City's Charter states that the City will have a Primary Election.   

There are several other places within Chapter 4 where the City's Charter is in conflict with State Statute.  Staff will ask the Charter Commission to schedule a Charter Commission meeting early in 2019 to discuss the changes that need to be made as well as invite discussion for suggested other changes.  For that next Charter Commission agenda, staff will submit a review of Chapter 4 with the areas highlighted that need to be revised as well as areas that may need to be evaluated for possible amendments.     
 

There are no staff recommendations on Charter amendments at this point.  This case is to update the Commission that a thorough review of Chapter 4 of the City Charter is necessary.  Staff does recommend scheduling a meeting for early 2019 for continued discussion.

Motion to receive the information presented and schedule a Charter Commission meeting for January or February 2019 to further discuss Chapter 4 of the City's Charter.