Charter Revision Commission Meetings

MINUTES Charter Revision Commission Meeting Wednesday, August 11, 2021 at 4:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Commission Members Present: Catherine Dekkenga, Anne Hajek, Lawrence Long, Justin Smith, Carl Zylstra Commission Members Absent: None Committee Chair Justin Smith called the meeting to order at 4 p.m. 2. Introduction A. Members The members introduced themselves with a brief background. Justin Smith has been on the Commission for six years and is a praticing attorney at a Sioux Falls firm. Anne Hajek is beginning her third year on the Commission and is a retired attorney who also served on the Sioux Falls City Council, County Commission, and in the State Legislature. Carl Zylstra is also beginning his third year on the Commission. He recently served on the Minnehaha County Absentee Ballot Task Force and is a retired University President. Catherine Dekkenga was recently appointed to the Commission and is an architect at a local firm. Lawrence Long was also recently appointed and is retired; he previously served as a Circuit Court Judge and Attorney General. B. Organization and Background Information Smith stated there are three methods of amending the Charter, as outlined in the Charter, Article VIII: 1) by an ordinance of the City Council, however there are several sections the Council may not propose to amend; 2) by a report of the Charter Revision Commission; and 3) by petition of the voters of the City. The Charter Revision Commission was created by City Ordinance Sections 32.001 through 32.004. Per the ordinance, the Commission serves in an advisory role and is not required to submit a report (Smith described the language as "permissive"). A report may be submitted only if it is approved by four of the five commission members. The commission is also required to hold at least one public meeting each year where any member of the public may present recommendations; Smith noted that several meetings are held prior to each regular election. Lastly, the commission may only take action on matters before it, which must be related to the Charter. He emphasized there is no obligation to place proposed charter amendments in a report, however, all sections will be reviewed along with all recommendations made by the public (to  the Commission). Both Zylstra and Hajek noted that the Commission has been very open to considering recommendations, but also reaffirmed the fact that proposed amendments may not be recommended for placement on the ballot. Hajek spoke of the Commission's authority insofar as changing the form of government. City Attorney Stacy Kooistra stated that such a proposal is not within the scope of the Commission's authority; any change to the form of government would be through a separate, petitioned process. 3. Election of Chair and Vice Chair A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to nominate Justin Smith as Chair. Voice vote to nominate. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. A motion was made by Commission Member Zylstra and seconded by Commission Member Long to nominate Anne Hajek as Vice Chair. Voice vote to nominate. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. 4. Approval of Minutes A. February 3, 2020 A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to approve the minutes of February 3, 2020. Voice vote to approve. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. 5. New Business A. Outline of Commission Meeting Timeline Kooistra explained that the Commission has discretion in how they approach the process for reviewing the Charter. In the past, particularly in 2019 and 2020, the Commission reviewed three Articles per meeting, received comments or proposals on them, and either considered them at the designated meeting or a later meeting. Hajek recalled that meetings were typically held monthly. Cari Hanzel stated that was the case, meaning this year would allow for a complete review of the Charter by the end of November, leaving December and possibly January for consideration of any outstanding items and preparation of a report. Smith agreed and asked the City Clerk for clarification on the deadline for a report. City Clerk Tom Greco stated that the latest possible date to deliver a report to the City Council at a regular meeting is February 8, 2022. The Commission then discussed the manner for proposing amendments. Zylstra, Hajek, and Smith each spoke in favor of the process used in 2019 and 2020, which provided for detailed submissions by the public of proposed amendments. They indicated that specificity helped in the consideration process, but also noted that all forms of proposals were discussed and voted upon. Smith noted  that such proposals would be tracked throughout the meeting period and considered when appropriate. He reiterated that outstanding proposals could be considered in December. There was also a discussion about remote meeting attendance. Smith stated that the Commission allowed such participation in the past. He asked the Commission if there were any objection to allowing remote attendance in the future; there were no objections. The Commission then concluded that they would work forward with Articles I through III being reviewed in September, Articles IV through VI being reviewed in October; and, Articles VII through IX being reviewed in November. A motion was made by Commission Member Hajek and seconded by Commission Member Zylstra to adopt a timeline that includes a minimum of one meeting per month, where three articles are reviewed per meeting in the first three months; a process for the proposal of recommendations that encourages the public to submit detailed recommendations to the Commission at the designated meetings; and, the committment to consider all proposals, using the month of December and possibly January to consider any outstanding business. Voice vote to adopt. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. B. Consideration of Process for Proposal of Recommendations for Charter Amendments by Commission Members, City Officials, and the Public As this items was discussed above, Smith asked if there was any further discussion. There was none. C. Ground Rules of Commission Votes – Majority vs. Super-Majority Smith explained this was on the agenda because of past questions about vote requirements. He noted that the City Council addressed this with an ordinance amendment in 2018 setting the requirement at four votes for passage. He asked Kooistra if there was further need for discussion and Kooistra indicated there was not. D. Discussion of Future Meeting Dates The Commission agreed on the following future meeting dates: September 8, 2021; October 6, 2021; November 10, 2021; and, December 8, 2021; with plans to meet in early January to approve a summary report to the Council and proposed ballot if necessary. All meetings will be held in Carnegie Town Hall at 4 p.m. 6. Public Input There was none. 7. Adjournment A motion was made by Commission Member Hajek and seconded by Commission Member Long to adjourn at 4:39 p.m. Voice vote to adjourn. 5 Yes: Dekkenga, Hajek, Long, Smith, Zylstra; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk Future Charter Revision Commission Meeting(s): September 8, 2021 – Articles I-III October 6, 2021 – Articles IV-VI November 10, 2021 – Articles VII-IX December 8, 2021 All meetings at 4 p.m. at Carnegie Town Hall