Charter Revision Commission Meetings

MINUTES Charter Revision Commission Meeting Wednesday, August 16, 2023 at 4:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD 57104 1. Call To Order Committee Chair Anne Hajek called the meeting to order at 4 p.m. 2. Approval of Minutes A. May 31, 2023 A motion was made by Commission Member Zylstra and seconded by Commission Member Long to approve the minutes of May 31, 2023. Voice vote to approve. 4 Yes: Dekkenga, Hajek, Long, Zylstra; 0 No: (None). Motion Passed. 3. New Business A. Charter Article I - Powers of the City Each of the following sections were announced by the Chair with no recommendations for proposed amendments at this time by the Commission: Section 1.01, Powers of the city; Section 1.02, Construction; Section 1.03, Intergovernmental relations; Section 1.04, Limitations; and Section 1.05, New taxes. B. Charter Article II - City Council 1) Formal Recommendation #1 by Joe Kirby: Removal of Mayor from City Council Kirby’s proposed changes to Sections 2.02, 2.03, 2.11, 3.03, 3.05 and 9.07 concerned separation of powers and the need for checks and balances. He stated he felt there was not good separation of powers between the executive and legislative branches under the current Chater, which was proving to provide too much overlap between the two branches. He felt more separation of powers could improve the efficiency of the City Council, avoid any rush decisions and ill- conceived projects, and give the legislative branch more time to discuss projects. Discussion was held regarding who has control in big spending decisions, citizen concerns regarding this subject, and the proposal to have three at-large members and six district members with the leadership positions being elected  within the Council. It was noted that these proposals should not be implemented for the existing Mayoral term but should be effective after the next Mayoral election. Hajek provided clarification on the procedures for reviewing the Charter, the timeline for reviewing proposed changes and the steps that are necessary to bring the report before the City Council and to get items added to the ballot. 2) Formal Recommendation #2 by Mike Zitterich: City Council Composition and Adjustment of Council Districts Zitterich stated his proposals to Section 2.02 and 6.02 were very similar to what was discussed two years ago, involving changing the composition of the city council to make it an “odd-numbered” body with the number of council members being determined by the number of council districts adopted by the districting commission based on population growth of the city. C. Charter Article III - Mayor Further discussion was held with Joe Kirby regarding his proposed changes to Section 3.03/3.05. Zylstra spoke regarding the proposed changes being a major change. Kirby stated this would provide more checks and balances and a better division of power. Long asked about the form of city government which prompted this change. Discussion was held regarding the five member commission form of government and the opportunities that may have been missed previously under such form of government. The current form of government was then implemented soon after. Discussion was held regarding Kirby’s proposed removal of the mayor from the city council and if that would be a move toward a City Manager rather than a Mayor. It was Kirby’s position that we would be electing the mayor and city council as separate bodies of the city government. Hajek reiterated the process for adding proposals to a listing to be further examined at a later meeting and action taken at that time. At this time, the following sections were announced by the Chair: Section 2.01, General powers and duties: Section 2.02, Composition, eligibility, election, and terms; Section 2.03, Mayor; Section 2.04, Compensation; expenses; Section 2.05, Prohibitions; Section 2.06, Vacancies; forfeiture of office; filling of vacancies; Section 2.07, Judge of qualifications; Section 2.08, City clerk; Section 2.09, Investigations; Section 2.10, Independent audit; Section 2.11, Procedure; Section 2.12, Action requiring an ordinance; Section 2.13, Ordinances in general; and Section 2.14 , Updating the Code of Ordinances. Discussion was held regarding who the City Clerk reports to and the frequency and process for performing independent audits. No additional proposed amendments to this Article were received. Charter Article III. Mayor was reviewed at this time. Each of the following sections were announced by the Chair with no additional recommendations for proposed amendments received: Section 3.01, Executive power; Section 3.02, Election and qualifications of mayor; Section 3.03, Mayor's duties and responsibility; and Section 3.04, Mayor's power to veto legislation.  D. Other Proposals Submitted in Advance of this Meeting Unrelated to the Articles Under Consideration Above Zitterich had a recommendation regarding the Districting Commission. Article 6.01. The representative for the Attorney’s office was asked about the frequency of the meetings for the Districting Commission and the commission was advised this group can make recommendations for changes but cannot control what the Districting Commission does. Discussion followed regarding the adjustment procedures for the Districting Commission. Long asked if action taken to increase members of the city council would also have to be reviewed by the Districting Commission. Discussion was held regarding the number of districts at this time and how that would be impacted based on population increases. Zylstra asked the City Attorney’s Office for clarification regarding Ordinance §32.001 establishing the Charter Revision Commission. This ordinance refers to the commission as an “advisory commission” and Zylstra asked who they are ‘advisory’ to and the legal ramifications therein. Zylstra also asked the City Attorney’s Office to look into the possibility of establishing a compensation commission through Charter amendment that would address the compensation for certain city officers including the mayor, and whether this would be permissible under state law. The City Attorney’s Office will research Zyltra’s questions and provide further information at a subsequent meeting. A compensation commission proposal will be added to the List of Formal Recommendations for consideration. E. List of Formal Recommendations for Revisions 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). The listing that tracks date and action taken on recommendations will be updated and maintained in the City Attorney’s Office and available to the public. 4. Public Input There was none. 5. Adjournment A motion was made by Commission Member Long and seconded by Vice Chair Dekkenga to adjourn the meeting at 4:45 p.m. Voice vote to adjourn. 4 Yes: Dekkenga, Hajek, Long, Zylstra; 0 No: (None). Motion Passed. Tamara Jorgensen, Assistant City Clerk Future Charter Revision Commission Meetings: September 13, 2023; October 11, 2023 TBD: November, 2023; December, 2023; January, 2024 All meetings in Carnegie Town Hall