CHARTER COMMISSION MEETING AGENDA September 16, 2015-8:00 AM Hjemkomst Center - Elm Board Room Call to Order Roll Call Approval of Minutes 1. June 10, 2015 Charter Commission Meeting Reports of the Chair, Officers, Commissions and Committees Public Comment Unfinished Business 2. Charter Commission Bylaws New Business Adjourn
City of Moorhead Charter Commission Meeting Minutes June 10, 2015 at 8:00 AM Hjemkomst Center - Elm Board Room Roll call of the members was made as follows: Call to Order Roll Call Roll call of the members was made as follows: Board Member: Eldon Wollman Present Board Member: Russ Hanson Present Board Member: Julian Dahlquist Present Board Member: Ken Tangen Present Board Member: Angelique King Present Board Member: Darvin Landa Absent Board Member: James Steen Present Board Member: Athena Gracyk Present Board Member: Ronald Hagemann Present Board Member: Tom Krabbenhoft Present Board Member: Doug Fagerlie Present Board Member: Bradley Vesta Present Board Member: Michael Friesen Absent Administer Oaths of Office Julian Dahlquist (At-Large); Angelique King (At-Large); Bradley Vesta (Ward 4) Approval of Minutes Michelle French, City Clerk, administered the Oath of Office to the new members. March 11, 2015 Charter Commission Meeting Minutes Correction on the minutes to change approval of minutes to the December meeting versus March and spelling error on Ronald Hagemann. Motion to approve minutes of March 11, 2015 as amended by Steen seconded by Tangen; motion approved by unanimous vote. Reports of the Chair, Officers, Commissions and Committees No reports were made.
Public Comment No public comment. Unfinished Business No unfinished business. New Business Charter Commission Bylaws John Shockley, City Attorney, provided a brief history of the term limits. Commission members discussed current term limits and proposed changes. Charter Adjourn Motion to consider a change in the Charter Commission Bylaws on September 16, 2015 by Hagemann seconded by Vesta; motion approved by unanimous vote. The Charter Commission Members suggested the City Attorney look at an amendment to the City Charter Section 5:02. Motion to change the change the September 9, 2015 meeting to September 16, 2015 by Fagerlie seconded by Vesta; motion approved by unanimous vote. Meeting adjourned at 9:16 a.m. Respectfully submitted by: Michelle French, City Clerk Moorhead Charter Commission Minutes Minutes from June 10, 2015 Page 2 of 2
MEMORANDUM TO: FROM: Moorhead Charter Commission John T. Shockley DATE: September 9, 2015 RE: Moorhead Charter Commissioner Term Limits Brief History of City of Moorhead: Resolution 87-513 The memo from my office to the Charter Commission dated June 3, 2015, referenced the City of Moorhead: Resolution 87-513, Section I(A)(10), which relates to Moorhead s Policies for Appointments and Removal for Citizen Advisory Groups (hereinafter referred to as the Policies ). This memo contains a brief history of this resolution. 1. The Policies were first established in 1987. On May 4, 1987, Moorhead s City Council passed Resolution 87-513, which is attached as Exhibit A. Exhibit B contains the set of policies for appointments and removal for citizen advisory groups that was drafted by the City Attorney and presented with the resolution for approval. Section I(A)(10) in the original document states: No citizen appointed by the Mayor and the City Council shall serve more than two (2) consecutive complete terms in any one position, except that citizens appointed to complete unexpired terms shall be eligible to be appointed for two (2) full terms in addition to serving out the unexpired term. Citizens appointed to citizen advisory groups shall serve and hold office until their successors have been appointed and qualified whenever possible. 2. On September 23, 2013, Resolution 2013-0923-9 was passed, which revised Section I(A)(6) of the Policies to allow a citizen to serve on more than one board at a time. The language in Section I(A)(10), as quoted above, was not changed with this amendment. This recent Resolution is attached as Exhibit C. F:\Muni\Mhd\Charter\Memo re Commission Member Terms, history of 87-513.docx Page 1 of 1
EXHIBIT A RESOLUTION WHEREAS, the City Council of the City of Moorhead has reviewed existing policies governing the appointments and removal for citizen advisory groups within the City of Moorhead, said citizen advisory groups consisting of committees, commissions, boards, and task forces; and WHEREAS, the City Council desires that said policies be compiled, revised, and amended to better organize and clarify the policies governing the operation of citizen advisory groups within the City of Moorhead for both members of the general public and members of the current citizen advisory groups; and WHEREAS, a set of policies for appointments and removal for citizen advisory groups has been drafted by the City Attorney at the direction of the City Council and has been presented to the City Council for its review and approval; and WHEREAS, the City Council finds that said policies for appointments and removal for citizen advisory groups are wholly satisfactory and are proper and necessary for the governance of citizen advisory groups within the City of Moorhead; and WHEREAS, the City Council further finds that Section 7, 2 and 7. 3 of the Council Rules of Procedure, should be modified and amended to conform to the above Policies and Resolutions Nos. 78-457, 80-262, 82-406, and 85-459 should accordingly be rescinded in their entirety in favor of this Resolution, NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Moorhead does hereby adopt the Policies for Appointments and Removal for Citizen Advisory Groups which were prepared by the City
Attorney at the direction of the Council, a copy of which was before the Council and is now of record and on file in the office of the City Clerk, BE IT FURTHER RESOLVED that Resolution Nos, 78-457, 80-262, 82-406, and 85-459 are hereby rescindedi and BE IT FURTHER RESOLVED that Section 7.2 and Section 7.3 of the Council Rules of Procedure be modified and amended to conform to the above Policies hereby duly adopted. PASSED by the City Council of the City of Moorhead this 4th day of May, 1987, APPROVED BY: ATTEST: M0~4Wr #87-513
.,, EXHIBITB I. POLICIES FOR APPOINTMENTS AND REMOVAL FOR CITIZEN ADVISORY GROUPS Except as otherwise provided by City ordinance, City charter, or State law, the following policies govern the appointments and removal for citizen advisory groups within the City of Moorhead, said citizen advisory groups consisting of committees, commissions, boards, and task forces: A. APPOINTMENTS 1. A universal expiration date of January 31 is established for all appointments of citizens to citizen advisory groups. 2. Citizen advisory groups shall be either designated as Permanent Standing or Temporary Ad Hoc, said designation being determined by the Council. 3. Terms of all appointments to Permanent Standing citizen advisory groups shall be three (3) years. The terms of all appointments to Temporary Ad Hoc citizen advisory groups shall be determined on a group by group basis by the City Council. 4. Nominations for appointments shall be brought forward by either the Council Members for the Ward out of which the appointment is to be made or by the Mayor, as may be appropriate, and shall be first presented at an informal meeting of the City Council for preliminary consideration. 5. All appointments must be ratified by the City Council and a record of all appointments shall be kept on file by City staff. 6. No citizen may be appointed to serve on more than one Permanent Standing citizen advisory group except in a case where a citizen is representing another Permanent Standing c,itizen advisory group. Citizens appointed to a Permanent Standing citi~en advisory group may be appointed to serve simultaneously on a Temporary Ad Hoc citizen advisory group. Appointment of citizens to citizen advisory groups are to be made by Ward whenever possible. 7. The nomination for any Ward appointment, shall be made either by both Council Members for the Ward or by. the Mayor, whichever is appropriate. The nomination for any Mayoral appointment shall be made by the Mayor. The nomination for ~ny at-large appointment shall be made by the Mayor. 8. Any citizen serving on any citizen advisory group who moves from the Ward in which the citizen was appointed to represent shall resign from the citizen advisory group and the position shall be declared vacant... - 87-513
.. 9. City staff shall be notified as soon as possible of the resignati on of any citizen from any citizen advisory group. Upon rece ipt of such notification, City staff shall thereafter notif y the Mayor and the City Council of the existence of a vacancy for which an appointment is needed. Citizens appointed to vacant positions shall serve out the unexpired term of the citizen previously holding the position. 10. No citizen appointed by the Mayor and the City Council shall serve more than two (2) consecutive complete terms in any one po s i tion, except that citizens appointed to complete unexpired terms shall be eligible to be appointed for two (2) f ull terms in addition to serving out the unexpired term. Citizens appointed t o citizen advisory groups shall serve and hold off ice until t heir successors have been appointed and qu~lified whenever possible. 11. Appointment of City, Public Housing, and Economic Development employees to citizen advisory groups is prohibited unless an employee is assigned by the City to a group as part of that employee's duties and responsibilities of employment. 12. An annual list of vacant positions and upcoming reappoi ntments for citizen advisory groups shall be sent to the Mayor and Council Members no later than November 15th of each ye a r. 13. Notice of openings for appointment to citizen advisory groups shall be regularly provided to the public. to insure adequate opportunity for interested citizens to participate. 14. Citizens interested in serv i ng on citizen advisory groups will be asked to complete a Citi zen Int erest Fo rm w.hich s hall be kept on file with the City for t wo (2) years. A copy o f each Citizen Intere s t Form received s h a1 1 ~ be s ent by Ci t y staff to appropriate membe rs of the City Council f or consideration. 15. Each citizen appointed to a citizen advisory group shall receive an Oath of Office. This oath is to be signed, notarized, and returned to City staff. 16. Any citizen advisory group which has completed its stated purpose may be dissolved by City Council resolution. 17. Appointments to t he Charter Commission are governed by State statute and each appointment to the Charter Commission must receive the approval of the presiding judge of the Seventh Judicial District. 18.. Each citizen advisory gr oup s hall have a Chair. The chair o f any permanent s tandi ng c itizen advisory group shall be selected by the members of the group. The. chair of any Temporary Ad Hoc group may be sel ect e d by either the City Council or by members of t he citi zer advisory group with the ---~.....-~ ~-- - -- -.
.. r method of selection to be determined at the option of the City Council. 19. The Chair of each citizen advisory group shall preside at all meetings of the group and shall be responsible to the City Council for the performance of the following duties: B. REMOVAL a. Keeping and maintuining an accurate membership list for the group. b. Regularly keeping members of the group informed as to attendance requirements that must be met as a condition for members to continue to hold office. c. Calling roll at each meeting of the group and keeping and maintaining accurate attendance records for the group. d. Notifying inactive members within the group of the possibility of removal for missing meetings of the group. e. Regularly submitting copies of attendance records for members of the group to City staff. f. Apprising and keeping members of the group informed as to City Council actions pertaining to the group, including the right of the group to make recommendations to the City Council. 1. Any citizen appointed to a citizen advisory group holds office subject to the condition that the citizen appointed regularly attends group meetings. 2. Any citizen appointed to a citizen advisory group who misses three (3) consecutive meetings of the group shall be au~omatically subject to removal from office by the City Council. 3. Any citizen appointed to a citizen advisory group who misses in excess of one-third (1/3) of the regularly scheduled meetings in any one year shall be automatically subject to removal by the City Council. 4. City staff shall regularly provide copies of attendance records for each citizen advisory group to the City Council for review and consideration as to whether any citizens appointed to any 9roup should be removed due to failure to attend group meetings. 5. When the City Council determines that a citizen appointed to a citizen advisory group is subject to removal for failure to attend meetings, the Council shall direct that the citizen shall be notified of the Council's determination and the Council's intention that the citizen be removed from office. 87-513
6. The City Council shall also notify the Chair of any citizen advisory group of its determination that a member of the group is subject to automatic removal qnd of the Council's intention to so remove. C. BYLAWS 1. No citizen advisory group shall adopt any Bylaws or provisions thereof that conflict with these policies on appointments and removal for citizen advisory groups. 2. In citizen modify, adopted the event the City Council adopts uniform Bylaws for advisory groups, each citizen advisory group shall amend, or otherwise conform its Bylaws to the uniform Bylaws so by the Council. GL/nt/adml3 ~.---.-. - - _..._....,....._...... ~...-.Ji... _.,
EXHIBITC RESOLUTION 2013-0923-9 Resolution to Amend Policies for Appointments and Removal for Citizen Advisory Groups WHEREAS, the City Council of the City of Moorhead has reviewed the Policies for Appointments and Removal for Citizen Advisory Groups (the "Policy"); and WHEREAS, the City Council has determined that revisions should be made to the Policy. NOW, THEREFORE, the Policy is hereby amended and adopted to read as follows: I. POLICIES FOR APPOINTMENTS AND REMOVAL FOR CITIZEN ADVISORY GROUPS Except as otherwise provided by City ordinance, City charter, or State law, the following policies govern the appointments and removal for citizen advisory groups within the City of Moorhead, said citizen advisory groups consisting of committees, commissions, boards, and task forces. A APPOINTMENTS 1. A universal expiration date of January 31 is established for all appointments of citizens to citizen advisory groups. 2. Citizen advisory groups shall be either designated as Permanent Standing or Temporary Ad Hoc, said designation being determined by the Council. 3. Terms of all appointments to Permanent Standing citizen advisory groups shall be three (3) years. The terms of all appointment to Temporary Ad Hoc citizen advisory groups shall be determined on a group by group by the City Council. 4. Nominations for appointments shall be brought forward by either the Council Members for the Ward out of which the appointment is to be made or by the Mayor, as may be appropriate, and shall first be presented at an informal meeting of the City Council for preliminary consideration. 5. All appointments must be ratified by the City Council and a record of all appointments shall be kept on file by City staff. 6. No citizen may be appointed to serve on more than ere two Permanent Standing citizen advisory group except in a case where a citizen is representing another Permanent Standing advisory group. Citizens appointed to a Permanent Standing citizen advisory group may be appointed to serve simultaneously on a Temporary Ad Hoc citizen advisory group. Appointment of citizens to citizen advisory groups are to be made by Ward whenever possible. 7. The nomination for any Ward appointment shall be made either by both Council Members for the Ward or by the Mayor, whichever is appropriate. The nomination for any Mayoral appointment shall be made by the Mayor. The nomination for any at-large appointment shall be made by the Mayor. Resolution 2013-0923-9
zg_ Any citizen serving on any citizen advisory group who moves from the Ward in which the citizen was appointed to represent shall resign from the citizen advisory group and the position shall be declared vacant. 9. City staff shall be notified as soon as possible of the resignation of any citizen from any citizen advisory group. Upon receipt of such notification, City staff shall thereafter notify the Mayor and City Council of the existence of a vacancy for which an appointment is needed. Citizens appointed to vacant positions shall serve out the unexpired term of the citizen previously holding the position. ~4-G. No citizen appointed by the Mayor and the City Council shall serve more than two (2) consecutive complete terms in any one position, except that citizens appointed to complete unexpired terms shall be eligible to be appointed for two (2) full terms in addition to serving out the unexpired term. Citizens appointed to citizen advisory groups shall serve and hold office until their successors have been appointed and qualified whenever possible. 104-4. Appointment of City, Public Housing, and Economic Development employees to citizen advisory groups is prohibited unless an employee is assigned by the City to a group as part of that employee's duties and responsibilities of employment. 11~- An annual list of vacant positions and upcoming reappointments for citizen advisory groups shall be sent to the Mayor and Council Members no later than November 15th of each year. 1,l4-3. Notice of openings for appointment to citizen advisory groups shall be regularly provided to the public to insure adequate opportunity for interested citizens to participate. 1314. Citizens interested in serving on citizen advisory groups will be asked to complete a Citizen Interest Form which shall be kept on file with the City for two (2) years. A copy of each Citizen Interest Form received shall be sent by City staff to appropriate members of the City Council for consideration. 144-5. Each citizen appointed to a citizen advisory group shall receive an Oath of Office. This oath is to be signed, notarized, and returned to City staff. 1. 49. Any citizen advisory group which has completed its stated purpose may be dissolved by City Council resolution..1 4-7. Appointments to the Charter Commission are governed by State statute and each appointment to the Charter Commission must receive the approval of the presiding judge of the Seventh Judicial District. 1l~- Each citizen advisory group shall have a Chair. The chair of any permanent standing citizen advisory group shall be selected by members of the group. The chair of any Temporary Ad Hoc group may be selected by either the City Council or by members of the citizen advisory group with the method of selection to be determined at the option of the City Council. 184-9. The Chair of each citizen advisory group shall preside at all meetings of the group and shall be responsible to the City Council for the performance of the following duties: Resolution 2013-0923-9
A. Keeping and maintaining an accurate membership list for the group. B. Regularly keeping members of the group informed of attendance requirements that must be met as a condition for members to continue to hold office. C. Calling roll at each meeting of the group and keeping and maintaining accurate attendance records for the group. D. Notifying inactive members within the group of the possibility of removal for missing meetings of the group. E. Regularly submitting copies of attendance records for the group to City staff. F. Apprizing and keeping members of the group informed as to City Council actions pertaining to the group, including the right of the group to make recommendations to the City Council. B. REMOVAL 1. Any citizen appointed to a citizen advisory group holds office subject to the condition that the citizen appointed regularly attends group meetings. 2. Any citizen appointed to a citizen advisory group who misses three (3) consecutive meetings of the group shall be automatically subject to removal from office by the City Council. 3. Any citizen appointed to a citizen advisory group who misses in excess of one-third (1/3) of the regularly scheduled meetings in any one year shall be automatically subject to removal by the City Council. 4. City staff shall regularly provide copies of attendance records for each citizen advisory group to the City Council for review and consideration as to whether any citizens appointed to any group should be removed due to failure to attend group meetings. 5. When the City Council determines that a citizen appointed to a citizen advisory group is subject to removal for failure to attend meetings, the Council shall direct that the citizen should be notified of the Council's determination and the Council's intention that the citizen be removed from office. 6. The City Council shall also notify the Chair of any citizen advisory group of its determination that a member of the group is subject to automatic removal and of the Council's intention to so remove. C. BYLAWS 1. No citizen advisory group shall adopt any Bylaws or provisions thereof that conflict with these policies on appointments and removal for citizen advisory groups. 2. In the event the City Council adopts uniform Bylaws for citizen advisory groups, each citizen advisory group shall amend, modify, or otherwise conform its Bylaws to the uniform Resolution 2013-0923-9
Bylaws so adopted by the Council. PASSED: September 23, 2013 by the City Council of the City of Moorhead. APPROVED BY: ~:x ~ ATTEST: MICHELLE FRENCH, City Clerk Resolution 2013-0923-9