Charter Revision Commission Meetings

Minutes Charter Revision Commission Meeting Wednesday, October 16, 2019 at 3:30 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Commission Members Present: Anne Hajek, Pauline Poletes, Justin Smith, Carl Zylstra Commission Members Absent: Robert Thimjon Commission Chair Justin Smith called the meeting to order at 3:30 p.m. 2. Approval of Minutes A. September 11, 2019 A motion was made by Commission Member Hajek and seconded by Commission Member Poletes to approve the minutes. Voice vote to approve. 4 Yes: Hajek, Poletes, Smith, Zylstra; 0 No: (None). Motion Passed. 3. Old Business A. Formal Recommendation #1 by John Matthius: Plurality voting for City Council elections should be instituted Smith asked if there were any comments from the public; there were none. Commission Member Carl Zylstra asked the members what criteria should be used to recommend items for placement on the ballot. He explained that he feels recommended items should: 1) be legal; 2) consistent with the rest of the Charter, i.e. does not conflict with other provisions; and, 3) of such importance that it merits placement in the Charter opposed to City Ordinance. He also asked if a recommendation by the Commission implies endorsement. Commission Member Pauline Poletes agreed with Zylstra's approach and Smith pointed the Commission to City Ordinance and Charter, which does not expressly lay out criteria for the placement of items. However, the City Ordinance does assume that the Commission's decision to recommend an amendment implies the Commission believes it should be adopted. The Commission discussed whether this item should be considered because it does not meet the criteria for formal consideration as set by Commission rule. The Commission concluded it did not meet the criteria. A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to reject Formal Recommendation #1.  Voice vote to reject. 4 Yes: Hajek, Poletes, Smith, Zylstra; 0 No: (None). Motion Passed. B. Formal Recommendation #6 to Charter Section 2.02 by Joe Kirby: Plurality voting for election of a member of the City Council Smith invited public comment. Council Member Janet Brekke explained that the concept behind the amendments submitted by Mr. Kirby was to provide more responsibilities to the Council. She also noted that Mr. Kirby was out of the country and could not make the meeting. Smith asked Brekke if there have been any Council attempts to change the current ordinance requiring a majority vote back to a plurality. Brekke indicated there was an unsuccessful effort earlier this year. Commission Member Anne Hajek asked for an explanation of what "plurality" means and for any history behind the City's use of it. Tom Greco, City Clerk and Election Official, explained that election by plurality means the individual with the most votes in a contest is the winner. He also noted that state law allows municipalities to adopt a runoff provision. In 1998, the City Council adopted the plurality method with a runoff provision that required the winner to receive at least 34% of the votes cast for the contest. The City Charter's transition provision provided that the council members elected immediately following adoption of the Charter be elected by plurality. Plurality was used in the 1996 election, but a majority requirement was implemented for the 1998 election. Following the election, the City Council considered an ordinance to adopt plurality for council members, but the ordinance was amended to include the runoff provision described above. Zylstra noted that proposed amendment appears to be legal and does not conflict with other provisions of the Charter, but voting methods have not been incorporated into the Charter previously. Instead, ordinance has governed the methods to elect officials in the City. Smith agreed that the method of voting is something the Council may legislate as it has done in the past. Hajek stated the plurality method may not be the best method particularly when there are many candidates in a single race. She also noted that another amendment includes a provision for ranked choice voting, which seems to be in conflict with the recommendation under consideration. Poletes explained she would not support ranked choice voting on the ballot because such a change would first require a good deal of public education. Zylstra spoke about the various ways in which a Charter amendment may be placed on the ballot and reminded the Commission there is an active petition effort addressing the same proposal. He recommended that the Commission lay the recommendation on the table without prejudice. A discussion among the members followed regarding how to handle the recommendation. A motion was made by Commission Member Zylstra and seconded by Commission Member Hajek to decline action on Formal Recommendation #6. Voice vote to decline action. 4 Yes: Hajek, Poletes, Smith, Zylstra; 0 No: (None). Motion Passed. C. Formal Recommendation #3 by John Matthius: The incurring of significant debt by the City, such as multi-million dollar bonding, should require a super-majority of the City Council Hajek recused herself from the meeting because her spouse does bond work. Smith invited public comment. Council Member Janet Brekke provided information about bond votes over the past 25 years and indicated it suggests that a six-vote threshold would be useful because nearly all bonds passed with a vote of at least six. Smith noted that the recommendation did not include draft language or a proposed section for placement. Accordingly, he recommended it not be considered for placement on the ballot. A motion was made by Commission Member Zylstra and seconded by Commission Member Poletes to reject Formal Recommendation #3. Voice vote to reject. 3 Yes: Poletes, Smith, Zylstra; 0 No: (None). Motion Passed. D. Formal Recommendation #8 to Charter Section 2.11 by Joe Kirby: Require a vote of at least six members of the City Council to issue any bonds Hajek recused herself for this item as well for the same reason noted above. Smith invited public comment. There was none, but Council Member Brekke's previous comments were noted. Zylstra asked Council Member Brekke why there was a preference for six votes on a bond ordinance when the only other reference to vote requirements in the Charter is for any actions to approve contracts in excess of state bid limits. Brekke explained that the approval of such contracts were more of an administrative function whereas bond approval amounts to an appropriation. Smith noted that he believes the Charter would not prohibit the Council from adopting an ordinance requiring six votes for bonds. He asked if this was the case and Council Member Brekke stated that all supermajority vote requirements she is aware of are rooted in state law. Smith asked the attorney and clerk if there were any known examples not derived from state law; they indicated there was not. Zylstra expressed concern about voting on the recommendation with two members not present. Smith indicated a vote was possible because a quorum was present. A motion was made by Commission Member Zylstra and seconded by Commission Member Poletes to defer action on Formal Recommendation #8 to the meeting of November 6, 2019.  Voice vote to defer. 2 Yes: Poletes, Zylstra; 1 No: Smith. Motion Passed. E. Application of City Ordinances 32.001 and 32.004 in the consideration of the adoption of a rule, in keeping with the ordinances, establishing that the city attorney is a non-voting ex-officio member of the Charter Revision Commission Zylstra reviewed previous discussions about the City Attorney's ex-officio status. He also noted that Council Member Greg Neitzert is bringing forth an ordinance to the City Council that expressly states the City Attorney is a non-voting member. Accordingly, Zylstra stated further discussion by the Commission was not necessary. F. List of Formal Recommendations for Revision to the Sioux Falls Charter to be maintained (The items on this list will be addressed at a future meeting and will be placed on the relevant Agenda at that time) Smith recommended that the Commission consider Formal Recommendation 2, 4, 5, 7, 8, and 10 at the next meeting. This would leave Formal Recommendations 9, 11, and 12 for the meeting of December 11, 2019. There were no objections. 4. New Business There was none. 5. Public Input Council Member Janet Brekke provided background on the City Attorney's status as an ex-officio member of the Commission. 6. Open Discussion There was none. 7. Adjournment A motion was made by Commission Member Hajek and seconded by Commission Member Poletes to adjourn at 4:44 p.m. Voice vote to adjourn. 4 Yes: Hajek, Poletes, Smith, Zylstra; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk Future Charter Revision Commission Meetings: November 6, 2019 December 11, 2019 All meetings at 3:30 p.m. at Carnegie Town Hall