Charter Revision Commission Meetings

MINUTES Charter Revision Commission Meeting Wednesday, October 11, 2023 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, Carl Zylstra, Eric Erickson Commission Members Absent: None Commission Chair Anne Hajek called the meeting to order at 4 p.m. 2. Approval of Minutes A. September 13, 2023 A motion was made by Commission Member Zylstra and seconded by Commission Member Long to approve the minutes of September 13, 2023. Voice vote to approve. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. 3. New Business Hajek provided an overview of the process for reviewing and discussing items at the Charter Revision Commission Meetings including a reminder that submitted proposals to the Commission should be pertaining to a specific item in the Charter. Discussion was held regarding the fact that public input/comments are taken at each Charter Revision Commission Meeting. A. Charter Article VII – General Provisions Charter Article VII – General Provisions was announced and reviewed by the Chair. There was no discussion or recommendations for Section 7.01, Conflicts of Interest; board of ethics; and Section 7.02, Prohibitions. B. Charter Article VIII – Charter Amendment Charter Article VIII – Charter Amendment was announced and reviewed by the Chair. There were no recommendations for Section 8.01, Proposal of amendment; Section 8.02, Election; and Section 8.03, Adoption of amendment. Discussion was held regarding the manner for making amendments to the Charter as outlined in Section 8.01: amendments by the City Council, by the  Charter Revision Commission and by the voters. Clarification was requested from City Attorney Dave Pfeifle if there are any other manners provided by law for making amendments. Pfeifle clarified there were not. C. Charter Article IX – Transition/Separability Provision Charter Article IX – Transition/Separability Provision was announced and reviewed by the Chair. Section 9.01, Officers and employees; Section 9.02 Departments, offices, and agencies; Section 9.03, Pending matters; Section 9.04, State and municipal laws, Section 9.05, Schedule; and Section 9.06, Separability. Discussion was held regarding whether sections of Article IX were transitional and outdated and whether they should be removed as a housekeeping matter. No one expressed interest in bringing this forward as an amendment on the ballot. 1) Formal Recommendation #3 by Carl Zylstra: Making City Council Responsible for Setting Compensation of Elected Officials (Section 9.05(f)) Zylstra reviewed his recommendations. He noted that while the City has doubled in size, the budget has tripled in size, and the number of employees has doubled, the compensation for the elected officials has remained the same. Zylstra took language from the Omaha City Charter and revamped it for this proposed Charter amendment of removing the set figure and setting responsibility for setting future changes within the City Council. Discussion was held regarding whether the Council can increase their own salaries per the current Charter and what this proposed change would do; and the number of hours a City Council member uses for their council duties. Initial set up was 15-20 hours a week, but now the City size has doubled, and City government is also more complex than it used to be. Council leadership roles are a full-time job, most Council Members use about 25 hours a week for their duties. Discussion was held regarding the origin of having a part-time council. Erickson asked how compensation for Sioux Falls elected officials compared to other cities of similar size. Hajek encouraged public input regarding this subject at future Charter Revision Commission meetings. Hajek noted that this subject will be added to the listing for consideration. Citizen John Cunningham provided input regarding this section stating he felt the Mayor and City Council salaries should be separated, as they are in Omaha. He also stated inflation was not listed in this documentation. This was discussed and clarified. 2) Formal Recommendation #1 by Joe Kirby: Removal of Mayor from City Council (Section 9.07) Joe Kirby was unable to attend this meeting, however, he has presented his proposal to the Charter Revision Commission previously. Hajek outlined the change to Article IX, illustrated in the attachment entitled “Formal Recommendation #1 for April, 2024 ballot.” Specifically, Kirby proposed adding Section 9.07 which would specify that the changes would become effective  when a newly elected mayor takes office in 2026; and further indicated the need for wording regarding the creation of new council districts. D. Other Proposals Submitted in Advance of this Meeting Unrelated to the Articles Under Consideration Above 1) Proposal by John Cunningham: City Manager Form of Government Hajek noted that some information has been presented to the Commission, but they have not received information showing which specific part of the Charter this pertains to. Cunningham noted this would be an addition to the existing Charter, not an amendment to existing sections. Cunningham provided an overview of the City Manager position, who can hire and fire this position, what the duties and powers would encompass; and the other differences between the City Manager form of Government and having a Mayoral form of government. Discussion was held regarding the proper location for this item in the Charter. Hajek would like more specifics for this subject vs. a broad overview. Zylstra noted the National Civic League Model City Charter which provides an example of recommendations. Cunningham requested a copy of the documentation for further review. Hajek recommended that Cunningham review this information and provide recommendations on which sections in the Charter he wants his proposal considered. 2) Proposal by Rick Knobe – Changing the Role of Mayor as it Relates to City Council Rick Knobe provided background information regarding the commission form of government when the Charter was put together. Knobe stated there should be a distinct difference between setting policy and administering policy. He stated the Mayor should not have a gavel or a vote. He supports Kirby’s proposal in this area. This item will not be added as a new item but as an endorsement of Kirby’s proposal. 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). Hajek stated the updated formal recommendations listing is as follows: Removal of Mayor from City Council; City Council Composition and Adjustment of Council Districts; Creation of a Compensation Commission and possibly an item coming froward from John Cunningham. Zylstra indicated he will be updating the title of his proposal. 4. Public Input Mike Zitterich spoke about Article IX’s proposed changes. He wanted to know if the entire section could be struck and put on the ballot as such. He asked if the salaries could be changed in the future just by adding to future ballot and making only small changes to the Charter each year.  Cunningham spoke about another proposal that he has concerning term limits. He will forward his proposal in a more proper format but wanted to provide a brief overview. As he will be bringing this forward at a future meeting, Hajek requested to bring his information in the proper format at that time and noted it would be added to the December agenda. 5. Open Discussion New member Eric Erickson was introduced and provided a brief biography of his accomplishments. Future meetings were selected as follows: Wednesday, November 1, 2023 at 4:00 p.m.; Wednesday, November 29, 2023 at 4 p.m.; and Wednesday, December 20, 2023 at 4 p.m. All meetings will be held at Carnegie Town Hall, 235 W. 10th Street. 6. Adjournment A motion was made by Commission Member Zylstra and seconded by Commission Member Erickson to adjourn the meeting at 5:02 p.m. Voice vote to adjourn. 5 Yes: Dekkenga, Hajek, Long, Zylstra, Erickson; 0 No: (None). Motion Passed. Tamara Jorgensen, Assistant City Clerk Future Charter Revision Commission Meetings: November 1, 2023; November 29, 2023; December 20, 2023 TBD: January, 2024 All meetings in Carnegie Town Hall