FAIRMONT– On Tuesday evening the Charter Commission worked on finalizing some language on the recommendations it intends to bring to the Fairmont City Council. The Charter Commission has been going through the charter of the city, chapter by chapter, since it began meeting monthly in April.

At its last meeting in January, City Administrator Cathy Reynolds said she would send the suggested changes to the city attorney to see if there’s any tweaks he suggests before it goes to the council.

On Tuesday Reynolds shared some suggestions for chapters 1.02– Division of city into wards and looked at the ordinance amending the city charter ward system in section 1.02, 2.03 and 2.06.

The charter commission had previously recommended to amend the charter to have five council members in five wards and no councilor at-large.

“The city attorney reviewed this and his one recommendation on these provisions was to add the language “said wards to be bounded and established by city council from time to time,” Reynolds shared.

Terry Anderson made a motion to proceed with how it was written and negate the recommendation of the city attorney and Chuck Omvig seconded it.

“So we’re second guessing the attorney that was paid to go over this?” asked Tom Izen.

Some members asked Reynolds the attorney’s reason for changing the language and Reynolds said it was his recommendation to limit and bound it before the census.

“This went to the attorney. He’s the legal aspect of critiquing what we put together. That’s what he recommends so are we going to start arguing again and it has to go back to the attorney. He has to approve it. He’s the legal guy. We pay him to do this,” Izen said.

The Charter Commission did a roll call vote and the motion failed 7-4 with one abstention. Jay Maynard moved to adopt the recommendation of the city attorney’s language and the motion passed.

Moving to the next suggestion from the city attorney, the charter commission looked at section 2.10– city administrator- appointment and qualifications.

The first change recommended was to add “no less than three of the five” as the charter currently reads “The city council, by an affirmative vote of three of the five council members, shall appoint a city administrator…”

Maynard made a motion to add the recommended language and the motion passed.

The charter commission also heard some recommendations around the language of setting the term limit for the city administrator and it removed some lines that were contradictory.

Mike Katzenmeyer asked Reynolds when it will go to the council. Reynolds said they need to put out a notice and the changes will go to a pubic hearing at the March 14 council meeting and then come back for council action at the March 28 meeting.

Moving to other matters, the charter commission heard about an added agenda item from Omvig, who said he wanted to discuss the appointments to the charter commission.

“As a charter commission we’re allowed to make appointments to the judge, just like the city council is. Last night (Monday) the city council voted on submitting four names and not allowing an additional four names to be submitted because they came after the deadline, which only a select few knew when the deadline was,” Omvig said.

He was referring to the Monday evening city council meeting when the council considered submitting names to the Chief Judge of the Fifth Judicial District for the consideration in making appointments to the Charter Commission as there are five members with terms expiring March 16.

Three of the members, Robynn Buhmann, Jon Davis and Jay Maynard, III, had re-applied and the city had also received four applications, from Richard Bradley, Jr., William Cieslinski, Kacey Kasel and Jim Zarling, to be considered for appointment to the Charter Commission. At Monday’s meeting council member Britney Kawecki said she knew a few people who were interested in applying but was told the deadline had already passed.

On Monday the city council passed a motion, 3-2, to submit the seven names for consideration.

Omvig told the charter commission that he would like to submit the four names that he had. Katzenmeyer asked Reynolds to share some information. She said five slots are open, three had re- applied and the city had four applications come in.

“Numerous announcements and Facebook posting and website postings have been made in regards to the charter commission and other boards and commissions, and the deadlines were out there for getting applications in. That information has been out there,” Reynolds said.

She said the original deadline was Dec. 27 but was extended once because they hadn’t received enough applications. She said it was extended to the end of January and that announcements were made about that as well.

“The council has passed the resolution. That resolution will go forward to the chief judge for the district for the district to make the appointments,” Reynolds said.

Omvig made a motion to submit the four names he had and a request that the judge reappoint the three members. Anderson seconded it. Omvig said the names are Mike Schmid, Dustin Wiederhoeft, John Omvig and Brody Bents.

“The way I look at it, the more the merrier,” said Davis.

Omvig said, “When people submit for these positions, why should we throw roadblocks in the way?”

“But by the same token, if there’s a process for people to submit applications and they don’t follow that process, why are we obligated to consider?” Maynard said.

Reynolds said they had set the deadline for all of the boards and commissions so they could make the appointments they needed to in a timely fashion and get it to the courts.

Omvig’s motion to submit names, which would add to the available alternative list, passed with several charter commission members against it.