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HomeMy WebLinkAbout01-24-06 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION January 24, 2006 The Study Commission met in special session in the Conference Room, Stiff Building, at 7:00 p.m. on Tuesday, January 24, 2006. Present were Chair Loren Olsen, Marilou Turrentine, Brian Close, Bill Hayward, and John Trull. Also present was Secretary of the Study Commission, Celeste Janssen. The meeting was called to order by Chair Loren Olsen at 7:00 pm. Call to order at 7:00 pm Loren reminded the Study Commission that the meeting on February 14th will begin at 6:00 pm. Public comment Harold Fryslie asked for a copy of the charter draft to be sent to his email. Minutes Brian Close motioned to approve the minutes of December 15, 2005 and January 10, 2006 as amended. Marilou seconded the motion and the minutes passed unanimously. Brian Close motioned to approve the minutes of December 6, 2005. John Trull seconded the motion. Loren Olsen voted for the motion and Bill Hayward and Marilou Turrentine abstained. Debrief on Joint Meeting with INC Marilou Turrentine thought that the Study Commission would only briefly mention INC in the charter. She is worried that INC wants something substantial in the charter. John Trull said that INC is trying to use language vague enough that they aren't binding their hands in the future. He wanted the Study Commission to acknowledge INC as a group of informed and involved voters. Since the meeting, Brian Close has looked at language from elsewhere in Montana. All the charters included: some office of a neighborhood coordinator, usually neighborhood groups, and a community council. Brian Close worked on a draft based on those basic ideas and based on Missoula's language. Mr. Close acknowledged that INC has a fear of loosing autonomy. In other places, INCs are created by the government and function as a part of the government. His solution to this fear was to ensure that INC members shall be selected by the neighborhood associations, not appointed by the Commission. Brian Close and Loren Olsen were planning to meet with INC on January 25tn John Trull brought INC's language to Paul Luwe. Brian Close said the language INC presented is not going to be the language in the charter, and INC understood this fact. Loren Olsen suggested that Paul Luwe wait before reviewing the language, and Bill Hayward agreed. John Trull informed the group that Paul Luwe said he would like to start reviewing the charter, section by section. John Trull also informed the Study Commission that he will be moving to Belgrade. He asked Paul Luwe if it was legal to stay on the Study Commission after moving, and Mr. Luwe informed him that it was not. John Trull will resign effective February 1st, 2006. Returning to the INC meeting, Loren Olsen said he believes that communications between INC and city have some good parts, but some parts that need work. Bill Hayward said he was looking forward to Page 1 of 4 Brian Close's words acknowledging the concept of INC concisely. Mr. Hayward said INC should have been better warned about the Study Commission's goal to write a short charter that the voters will pass. John Trull asked the Study Commission to keep conciseness and necessity in mind with all aspects of the charter, not just neighborhood groups. Loren Olsen asked for public comment. Harold Fryslie said he would have also encouraged the same: a charter as brief, concise, and understandable as possible. Mr. Fryslie said that a charter can also be added to, and bulky charters are easy to campaign against. Marilou Turrentine said she is concerned that the charter will be pages and pages. She also said that while she likes the idea of pleasing everyone, the Study Commission must be careful and not make unrealistic promises. Report on procedure for Charter John Trull reported on his talk to Judy Mathre. Examples of certificates are in the back of one of the Study Commission's books. The Local Government Office at MSU has the electronic forms, and they will send them to the Study Commission if Loren Olsen will ask. Brian Close asked for the entire report as well. Charter Section 6.04 of the NCL Charter is now our section 6.02. Brian Close researched the many procedures under state law, and recommends the NCL's Alternative 1. Brian Close outlined the differences between Montana law and the NCL. Citizen initiatives. Under Montana law, a citizen has 90 days to collect 15% of voter signatures. The 15% is state law, but Mr. Close believes that the charter could make this lower. He noted that Bozeman has many inactive voters (about one -quarter). These inactive records mean that a citizen must actually collect more than 15% of active voters' signatures. The NCL has a range of 5% to 10%, and he can't find a deadline for collecting enough signatures. Citizen referendum. With current law, if enough signatures are collected within 60 days, a reconsideration can be forced. The NCL is harsher, suggesting only 30 days. The NCL's range is also 5% to 10%. Brian Close suggests that the ranges in Bozeman's charter be the same for consistency. Recall. The NCL provides "no cause" for recall and recommends 10% to 20% of voter signatures and 40-160 days. Current Montana law requires 20% of voters' signatures, 90 days to collect the signatures, and there must be a cause explained in 200 words or less. Brian Close said that no one has ever been recalled in the state of Montana. Brian Close said that he doesn't want a chaotic situation, but perhaps it should be slightly easier to recall someone. Brian Close's suggestion is to keep recall without cause at 20%, but change recall with cause to 15%. He will ask Paul Luwe if this is legal. John Trull mentioned that his Professor Jerry Calvert believes that Montana has prohibitive measures for recalling. Brian Close agreed and added that typically courts are also very hostile. Bill Hayward sensed that if the Study Commission goes too low, voters will be critical of encouraging too many referendums and too many arguments. Loren Olsen said that he hasn't heard anyone make complaints on this issue. Mr. Olsen suggested sticking to changes in places where citizens see a real need for change. Marilou Turrentine wondered if the Study Commission could fix the inactive voters problem by changing "voters" to "voters who voted in the last election" or something similar. Celeste Janssen noted that a very small percentage of Bozeman voted last November. Brian Close said Shelley Vance keeps an active voter list, pursuant to law. Loren Olsen suggested the Study Commission absorbing this information tonight and recommend changes at a later date. Bill Hayward said it would make since to at least change the range to the top of the NCL's recommended range. Brian Close agreed, and so did Page 2 of 4 Loren Olsen. 7.02. Brian Close reported that Montana only prohibits doing political activity with government resources or on government time. He believes the NCL's #4 and #5 are overkill, but he thinks #1, #2, and #3 are good government practices. Loren Olsen and John Trull agreed with Mr. Close. Loren Olsen's thought that the penalties seemed a bit harsh. He would like someone to look at the facts and see if something else is more appropriate. Brian Close said the word "convicted" means the perpetrator would be tried in municipal court. Loren Olsen suggested that in some cases like an unfair layoff, a fair solution might be giving someone his job back. Bill Hayward said it is tough because of the minimum sentence. The court could give whatever penalty, but the charter would lay out certain laws. Brian Close, Bill Hayward and Marilou Turrentine voted in favor of the section. John Trull also gave approval. Brian Close would like to turn the section green and run it by Paul Luwe. As a side note, John Trull stated that he would feel more comfortable with a Board of Ethics if the board had a lawyer or judge sit on it (someone with legal experience who was trained to be impartial.) 8.01 Brian Close doesn't like the last sentence, because the ballot is set 75 days before an election. He will look at this statute. 8.03 Loren Olsen, John Trull, and Brian Close voted to turn the section blue. Bill Hayward asked if there were enough elections to cover emergencies. Brian Close replied that the longest Bozeman would have to wait is one year. Article 9 Brian Close has nothing to add until the Study Commission makes decisions on the mayoral seat and the commission. Bill Hayward mentioned an email he received on public dispersal, but no one else remembered receiving the email. New business The Study Commission set the agenda for the next meeting. Loren Olsen reminded everyone of George Carter and his radio show. He reminded Marilou Turrentine and Brian Close about PSAs. He also informed the Study Commission that a budget must be submitted by Feb. 17tn Confirm date for next meeting January 31, 2006 at 7 pm in the Conference Room of the Municipal Building. Adjournment at 9:03 pm There being no further business at this time, it was moved by Marilou Turrentine, seconded by John Trull, that the meeting be adjourned. The motion carried unanimously. ATTEST: LOREN OLSEN, Chair Page 3 of 4 CELESTE JANSSEN, Secretary of the Study Commission Page 4 of 4