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Charter Commission finalizes language

FAIRMONT–The Fairmont Charter Commission held its first meeting on Tuesday evening and welcomed new members Robert Gunther and Ronald Lindberg.

Since it began meeting monthly last April, the Charter Commission has been going through the current charter of the city, chapter by chapter. At its last meeting in November, the Charter Commission worked to finalize language before it made recommended changes to the Fairmont City Council.

On Tuesday the Charter Commission looked to revise section 2.08– Investigation of city affairs. Chair Mike Katzenmeyer said the language that’s currently in the charter is restricting input from the community to council members as it would require a majority of the council to engage in an investigation.

“The language that we want you to consider tonight is ‘a council member may, based on information received, open an inquiry which may lead to an investigation,'” Katzenmeyer said.

He suggested they add that sentence to the beginning of the chapter.

Charter Commission member Jay Maynard said he thought that language seemed pretty vague. Katzenmeyer said the League of Minnesota Cities suggests that the more you define, the more you exclude.

“My concern is, we have had in the past council members who have taken it upon themselves to pursue inquiries and done so in a very destructive, divisive manner and in a way the interferes with operations of the city. I don’t know if any one council member should have that power,” Maynard said.

Katzenmeyer said what the Charter previously approved for inclusion in chapter 2.08 says the council may act by majority vote.

“This simply opens up the right for every seated council member to receive information,” Katzenmeyer said.

Maynard asked why there is a need to add the sentence at all. Katzenmeyer said it’s restrictive as it is now. Maynard said he worries the new language may lead council members to go off the reservation and pester city employees.

“Council is not allowed to approach anyone in the work area and say, ‘we want to talk to you about this,'” said Charter Commission member Terry Anderson.

Anderson said he thought the charter used to have language that allowed two council members to investigate and bring information to the council for action.

The Charter Commission approved to add the additional sentence to its recommendation.

Moving to other matters, the Charter Commission also looked at section 2.10– City administrator– appointment and qualifications.

Fairmont City Administrator Cathy Reynolds was present and made a few suggestions to the Charter Commission before it presents the recommended changes to the council. Reynolds said some of the language the Charter Commission had was just bullet points and lacked much clarity as to suggested changes.

Reynolds pointed out that as the Charter Commission has it now, appointments are made based on executive and administrative qualifications and also have to meet a laundry list of items, including a Master’s or Bachelor’s degree, three years off increased responsibility within leadership/management roles, passive strong financial aptitude, firm understanding of the complexities of municipal utilities and more.

“You’re saying they have to have all of those, executive and administrative. I’m saying that most of those things are already showing you what’s giving you executive and administrative. Is it they ‘must have these,’ or ‘shall consider all of these items,'” Reynolds asked.

The Charter Commission talked about wanting to seek candidates who have a Bachelor’s or Master’s degree in public administration, public affairs of public policy.

Maynard said he had issues with the long laundry list of qualifications. He said he thinks they should be able to consider a candidate with good experience in another field like electrical engineering.

Charter Commission member Chuck Omvig said there’s a big difference between private business and public.

Charter Commission member Spencer Seibert said as it’s written they’re asking for the perfect candidate.

“By putting ‘must’ you’re restricting yourself. You’re never going to find someone with all of that who wants to come to Fairmont,” Seibert said.

Maynard asked what would happen if they don’t get any candidates who meet the laundry list of qualifications. Anderson said their job is to make the qualifications up and the city council’s job is to decide who they hire.

Katzenmeyer suggested, before the laundry list of qualifications, taking out ‘must’ and replacing it ‘with emphasis on.’

The Charter Commission finalized the rest of the language on that chapter and approved revising and re-submitting its suggestions.

Reynolds said she would send the additional suggestions to the city attorney and see if there’s any tweaks he suggests. The Charter Commission asked to see the suggested changes again before they are presented to the city council.

Depending on if/when Charter Commission members make other changes, Reynolds said the suggestions will go before the council at either the Feb. 14 or Feb. 28 meeting.

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