Charter Commission

CITY OF MARSHALL CHARTER COMMISSION MINUTES Wednesday, December 13, 2023 Members Present: Marc Klaith, Mike Fox, Nathan Doose, Stephen Davis, Stacy Frost, Larry Magrath, Jill Vroman, Larry Doom, Mark Mather, and Amanda Schroeder Members Absent: None City Staff: Sharon Hanson, City Administrator; Pamela Whitmore, City Attorney (via zoom); and Steven Anderson, City Clerk Meeting called to order at 5:15 by Chairperson Stacy Frost. Consider Approval of the Minutes Motion made by Vroman, seconded by Fox to approve the minutes from the last meeting held October 18, 2023. All voted in favor. Proposed Charter Amendments City Attorney Whitmore provided a summary of amendments for members who were unable to attend the last meeting and a refresher for those who did attend. The summary of amendments included the removal of personal pronouns and replacing them with titles or non-gendered pronouns; changes to special election dates to comply with statutory changes; clarifying timing of council resignations and process for ties; process and requirements for redistricting to comply with statutory changes; virtual voting requirements for decision-makers to comply with statutory changes; creation of a table for non-codified ordinances for better transparency; allowed expenditures for petitioners to comply with U.S. Supreme Court decision in Colorado; and policy adoption for city council to allow flexibility and support of the community for expenditure or funds not directly related to governmental functions. Chairperson Frost asked how the expenditure policy was vetted and how citizens can be aware of the spending of funds. Whitmore explained that an expenditure policy was drafted by staff and typically goes through a council committee and was then presented in a public information packet to the full city council for approval. All expenditures of the City of Marshall are listed at every council meeting under the Bills and Contract Payments agenda item and are available upon request to the City Clerk or Finance Director. Motion made by Davis, seconded by Vroman to recommend that the proposed amendments to the City of Marshall Charter be brought forward to the City Council at their first meeting in January. Creation of Bylaws Whitmore briefly summarized that a majority of the bylaws that were drafted follow Minnesota Statutes under Chapter 410. By adopting bylaws, it would be much easier for newer charter members to receive a cohesive packet of information instead of multiple state references. Members of the commission discussed Article 4. Section 1. Member terms and asked for clarification from the city clerk and city attorney. Anderson stated that the non-charter boards and commissions for the city use a three-year term with two successive appointments. Once the two term periods were up a required one-year break from the board or commission was required before an individual could be appointed again. Vroman asked if the charter commission should also follow the three-year term. Whitmore clarified that the four-year term was set by state statute. Hanson commented that following a similar practice of the non-charter boards and commissions would allow the terms to stagger and not require so many members to be replaced at once. Members Frost, Davis, Doose, Vroman, and Doom are currently on their second term and would not be eligible for re-appointment at the end of 2025. Motion by Vroman, seconded by Doom to limit member terms to two consecutive four-year terms with a one-year interim period before a member could be re-appointed. All voted in favor. Motion by Davis, seconded by Vroman to approve the remainder of the bylaws. All voted in favor.  Charter Commission October 18, 2023 Minutes Page 2 of 2 Recommendations to Fill Vacancy Anderson and Hanson informed the commission that historically the Charter Commission vacant positions were nominated by city council members and the mayor. Mayor Byrnes had brought forward James Zmeskal at 805 Elaine Avenue as an individual to be appointed by the chief judge. Motion by Klaith, seconded by Mather to recommend that James Zmeskal be nominated as a potential candidate to be filled by the Chief Fifth Judicial District Court Judge. Adjournment Frost asked what the process would be for submitting the annual report. Hanson responded that the City Clerk would handle the report and submission. At 5:53 PM a motion was made by Doom, seconded by Vroman to adjourn the meeting. All voted in favor. Respectfully submitted, Nathan Doose, Charter Commission Secretary