FAIRMONT– The Fairmont Charter Commission on Tuesday reviewed chapter seven of the city’s charter which deals with taxation and finance. Prior to looking over chapter seven, some members of the board wanted to talk about section 4.03, nominations for office, as they had concerns about language that used “he or she.”

Commissioner Dale Martens said he felt like they should change all references to he or she to the person to make it more inclusive and less limiting. While originally talking about section 4.03, the question of expanding the language was asked.

“Any reference to he or she in the charter should be replaced by the person,” said Martens.

A discussion took place on whether the charter commission would need to go through each ordinance to change the language. Some members thought they should ask the city attorney how to best make the change.

“We had this discussion before and this commission voted not to make that change. Why are we coming back to it,” said Commissioner Jay Maynard.

Commissioner Mike Katzenmeyer noted that the topic has been huge in school districts and that cities and governments aren’t far behind. Commissioner Robynn Buhmann added that it’s an issue in the medical field as well.

Martens said, in reference to section 4.03, which reads “… by filling an affidavit with the city clerk, specifying therein the office for which he or she is a candidate at the ensuing election…” that he was concerned that a person could deny the office because they don’t identify as a he or she.

He originally made a motion to change the language in section 4.03 but later amended it to change all references of he or she to the person in all sections of the city charter.

In a roll call vote, the motion failed with six no and five yes votes.

Moving to the topic of chapter seven, the board first held a lengthy discussion about section 7.04, board of equalization.

Maynard, who is also a member of the city council, said that all of the councilors were requested to serve, but just three, Randy Lubenow, Michele Miller and Mayor Lee Baarts were able to. He said at least two of the three members are required to undergo training from the state.

Commissioner Chuck Omvig said he was concerned with the set up of the board. He said he would like to see five people, maybe three from the city and two from the public, with experience in real estate, make up the board of equalization.

Katzenmeyer asked if they wanted to change how many members sit on the board, or define them. As it stands, Fairmont’s charter calls for at least three members of the city council.

After some more discussion, Katzenmeyer suggested that those who have a vested interest in it do their research and come back with a proposal on how to change the language in the charter at the next meeting.

The board briefly discussed the other sections the chapter, which deal with the budget, accounts, taxes and debt.

Toward the end of the meeting, Omvig asked to read a statement. He said he felt that the charter commission had arrived at a “cross-roads.”

“With Jay being elected to the city council… we have arrived at a point that he would have two votes on any issue that is sent to the council. We know you’re against the change to the charter and it would not make any sense to send it on to the council,” Omvig said.

Any changes the charter commission suggests needs to go to the city council, where a unanimous agreement needs to be made in order for the change to pass.

Omvig suggested that the “three or four no votes” that come from the commission be given the task of going through the charter to see if there’s anything that they could support changing. He suggested they then contact the chairman (Katzenmeyer) to have it put on the agenda for the meeting.

“With the situation that Jay has put us in as far as the operations of the charter commission, I guess I’m suggested that we do not meet again until next spring unless those four typical no votes arrive at some changes that they could support,” Omvig said.

It was suggested that the charter commission check with the city attorney on whether Maynard can be on the charter commission, although under state statute, it is allowed. Katzenmeyer said that in the past, charter commission members who were also on the city council didn’t vote when matters between the two came up.

“So what you’re trying to say is we should do whatever we can to kick Jay off the commission?” asked Commissioner Jim Zarling.

Omvig reiterated that he didn’t think it was worth it for the charter commission to continue to meet for the time being. He again suggested not meeting until next spring.

Buhmann said, “the rest of us don’t get a chance to go to the council and say ‘this is what we talked about, this is the thought process behind the change.'”

Maynard said that not only can anyone speak to the council during public comment, but that when the charter amendments are presented to the council, he would expect a charter commission member will be invited to speak about them.

“They’ve never done that, ever,” said Buhmann.

She and Katzenmeyer voiced dissatisfaction with how City Administrator Cathy Reynolds and Maynard, prior to being elected to the council, presented proposed charter amendments to the council in the past.

“I sat through a 30 minute tongue lashing after that,” Maynard said, referring to how some members of the charter commission reacted after he spoke to the council about the proposed charter amendments during public comment.

Buhmann said that even if Maynard is taken off the charter commission, the city council could appoint another councilor on the charter commission. Some members pointed out that a judge appoints people to the charter commission but Buhmann disagreed with that. She said in the past former councilor Tom Hawkins picked who was appointed to the charter commission.

“The city council chose the names to send to the judge,” Omvig said.

Zarling acknowledged that there have been a lot of “shenanigans” going on in the past few years and that in order for the community to survive, moving forward in a positive manner is needed.

“This going back and forth… and talking about people who either are not here or not going to be here a week from now (is not helpful),” Zarling said.