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HomeMy WebLinkAbout9D - Schenck Resignation MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 'fl.... AU'J ~.." )t to tw( 1'1, ~ ~ )~~\ · J' f..,.. CITY COUNCIL AGENDA REPORT ~..I\." w",,^'i rA-r it.t pa. tt c ~ tt... trel f M'- ~ · .:r.P. - ..", fY'et.~ wi~ ~oti~(\ · 1:>t~~ ~M-eA kf^^ ~~~. ~gLY 17, 2000 ~ FRANK BOYLES, CITY MANAGEo-.1> CONSIDER APPROVAL OF RESIGNATION OF CITY COUNCILMEMBER PETE SCHENCK, DECLARE A VACANCY ON THE CITY COUNCIL AND CONSIDER METHOD FOR FILLING CITY COUNCIL VACANCY. History: City Councilmember Peter Schenck submitted his resignation effective July 5, 2000. A copy of the resignation was previously distributed to Councilmembers. Current Circumstances: According to MN. Stat. ~412.02 subd. 2a vacancy, "Except as otherwise' provided in subdivision 2b, a vacancy in an office shall be filled by Council appointment until an election is held as provided in this subdivision. In the case of a tie vote in the Council, the Mayor shall make the appointment.... If the vacancy occurs... when less than 2 years remain in the unexpired term, there shall be no special election to fill the vacancy and the appointed person shall serve until the qualification of a successor elected at a regular City election." Attached is a memo from the City Attorney on this subject. Councilmember Schenck's term of office expires on December 31, 2001, or in less than 2 years. The City Council's Bylaws do not provide a procedure for filling vacancies on the City Council. The Council has, however, in 1998, filled a Council vacancy created when then-Councilmember Mader was elected to Mayor. The process which the Council followed was as set forth below: 1. A vacancy announcement was prepared and appeared in two editions of the City's official newspaper to solicit candidates. 2. All individuals who submitted an application were interviewed individually by each Councilmember. Each interview was timed for 20 minutes with a 5 minutes break in between each. Both staff and City Council members supplied interview questions. Each interview was tape recorded in the event another Council member wished to hear how an applicant responded to another Councilmember's questions. 3. Following each interview, Councilmembers rated each applicant on forms supplied by the staff. The ratings for each candidate were preferred, acceptable, or unacceptable. 16200 Eagle Creek Ave. S,E.. Prior Lake, Minnesota 5.5372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 1:\COUNCIL\AGNRPTS\2000\0717 _9D.DOC A\ EQl.-'\L OPPORTl.c;ITY E\IPLOYER 4. The staff prepared a matrix of the candidate ratings, supplied it to the Council and the City Council then conducted a special meeting, noticed and open to the public, to narrow the field of finalists. 5. Another special meeting, noticed and open to the public, was conducted prior to the Council's regular meeting. The purpose of this meeting was to allow the finalists to make a 15 minute presentation to the Council, as well as respond to Council questions for the remaining 15 minutes. At the conclusion of the presentation, the City Council shared their thoughts with one another regarding the finalists. 6. At the Council's regular meeting, it considered and adopted a resolution appointing an individual to fill the existing City Council vacancy. The entire process as outlined above took a little over one month, including publication times. Councilmember Schenck was also a member of the Economic Development Authority. The bylaws for the EDA provide that "the Board shall consist of two members of the Prior Lake City Council....and shall be selected by the Mayor and confirmed by the City Council pursuant to MN Stat. Ch. 469.095, subd. 2(b)." The Mayor may wish to inquire whether other Council members are interested in serving the unexpired portion of EDA Commissioner Schenck's term. The Mayor can make this appointment at any regular City Council meeting. ISSUES: The City Council should discuss whether or not it believes the process set forth above is appropriate for the purpose of filling the current City Council vacancy. The Council should also review the attached draft notice to determine whether it is appropriate for publication in the Prior Lake American. The Council may recall that a question was raised by the Prior Lake American claiming the Council could not conduct one-on-one interviews as they would violate the Open Meeting Law. The Council requested clarification from the City Attorney who advised them that a recent district court decision in Mankato Free Press vs. City of Mankato had upheld a similar interview process. At the time the City Attorney advised the Council that it could conduct one-on-one interviews as long as the process was not designed to circumvent the Open Meeting Law. I have consulted with the City Attorney concerning whether the process previously used by the City Council may again be utilized. The City Attorney has advised me that the Mankato Free Press case was appealed by the newspaper. After being remanded to the district court 011 the factual question of whether the one-on-one interviews were designed to "avoid public meetings", the Court of Appeals held that one-on-one (private) interviews although "at odds" with the Open Meeting Law are not a violation of the Open Meeting Law as long as the process is not designed to avoid public hearings. The City Attorney has advised me that if the Council believes one-on-one private meetings "would best foster candid answers by candidates" and the process is not selected to avoid a public meeting then conducting the interviews in U,is manner does not violate the Open Meeting Law based upon her reading of the rationale and discussion contained in the Appellate Court's decision in Mankato Free Press. However, the City Attorney noted that the decision is unpublished and cannot be cited as legal authority. 1:\COUNCIL\AGNRPTS\2000\0717 _9D.DOC ALTERNATIVES: (1) Accept the resignation of Pete Schenck indicating its effective date, declare a vacancy, and approve the vacancy notice and selection process as recommended. (2) Accept the resignation of Pete Schenck indicating its effective date. declare a vacancy, and approve the vacancy notice and selection process as amended. (3) Defer action pending the receipt of additional information. RECOMMENDED MOTION: Alternative (1) or (2). Should the Council elect to refine the selection process, the Council may still want to authorize publication of the vacancy notice so that this matter can move forward expeditiously. 1:\COUNCIL\AGNRPTS\2000\0717 _9L.DOC CITY COUNCIL SEEKS NEW MEMBER The Prior Lake City Council is accepting applications to fill a two year City Council term expiring December 31, 2001. The vacancy on the City Council was created when City Councilmember Peter Schenck submitted a resignation effective immediately on July 5, 2000. Applicants must be 21 years of age and currently reside within the City limits of the City of Prior Lake for a minimum of thirty days. Councilmembers receive $250 per month. Council meetings occur the first and third Monday of each month at 7:30pm preceded by a 30-minute public forum. Work sessions are typically scheduled once a month preceding a regular Council meeting at 5:30pm. Councilmembers may be responsible, for attending other periodic day or evening meetings. Candidates can expect to spend seven to fifteen hours weekly on Council duties (meetings, site visits, telephone calls and reading agenda material). Applications are available by calling Kelly at 447-9803, Monday through Friday, 9am - Spm. Completed applications and resumes will be accepted until the vacancy is filled. .~-~-.", .....,_.... ,.,--_....._-.--."..~,..__.,~- "".'.. A{ 'po "P" 1'1"-1 if,;:; f- r t ,!: \ t ~" ':, ?:: ,: :" ': i: ~ ;-, ". '., ., . ,. ',-. -..'"' ,- -. ) , Ion for City c.d Vacaucy This application is for residents interested in serving as a volunteer to be appointed to fill a two-year City Council term expiring December 31, 2001. Applicants must be 21 years of age and currently reside within the City limits of the City of Prior Lake for a minimum of thirty days. Councilmembers receive $250 per month, and are expected to participate in two regular meetings per week, as well as various work sessions. Approximately 7 to 15 hours per week is required for Council duties, including meetings, site visits, telephone calls and reviewing agenda materials. NAME: ADDRESS: HM. PHONE: WK. PHONE: PLEASE INDICATE DAYS AND TIMES AVAILABLI; FOR AN INTERVIEW. .......................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... HOW DID YOU FIND OUT ABOUT THIS VACANCY? ....................................................................................................................... BRIEFLY DESCRIBE YOUR QUALIFICATION INCLUDING EDUCATION. EXPERIENCE AND SKILLS FOR THIS POSITION (attach a resume if vou wish). .......................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... ..........................................................................................................................-............................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................... 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 .;:\ EQl'u.L OPPORH'NITY E\IPLO\ER DESCRIBE YOUR INTEREST IN THIS POSITION & HOW YOU CAN SERVE THE COMMUNITY. DESCRIBE THE ISSUES IN OUR CITY THAT YOU FEEL NEED PARTICULAR ATTENTION. PLEASE INDICATE ANY REFERENCES THAT WE MAY CONTACT. 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