FAIRMONT– The Fairmont Charter Commission debated several topics during its monthly meeting on Tuesday. The commission, which began meeting monthly in the spring of 2021, took a hiatus during the winter months but picked up meeting again this February.

While the purpose of a charter commission is to study the local charter and government and propose charter changes, the local charter commission has not yet passed any charter amendment recommendations this year. Along with approving the agenda and previous meeting minutes, Tuesday’s agenda included just one item: Review conduct and behavior of board members.

That one item led to a lengthy discussion of whether one member, Jay Maynard, should serve on the charter as he is also a member of the Fairmont City Council. The topic has been discussed by the Charter Commission at length in the past.

Commission Member Dale Martens read an excerpt from a document called the Charter Review, which said in part… “In many cases the mayor or the council play a role in the appointment of commission members and the involvement of elected officials shall end at that point. The charter process functions best when it is rooted in citizen involvement…”

He continued reading and said that in some cases the commission’s recommendations go back to the council, which has the authority to decide whether the proposal will go to the people for a vote.

Commission Member Mike Katzenmeyer said, “based on that, I’d like to make a motion.”

Katzenmeyer made a motion that the chairman submit a letter to the district judge asking that Jay Maynard be removed from the commission based on Minnesota statute 410.05 subdivision 2 and that a copy of Maynard’s post on Facebook, dated March 26, and his initial resolution submitted to the city council also be included with the letter.

The motion received a second, which opened up discussion. Commission Member Jim Zarling asked whether the document that lays out who can be on the charter commission would be included in the letter, too.

Commission Member Jon Davis cited Minnesota State Statute 410.05, which deals with charter commission appointments. Per the document, Davis said that city council members can be a part of the charter but if the charter does not want to allow that, it needs to be said in the charter bylaws.

Davis further read state statute under vacancies which said, “the district court may remove members from the commission at any time by written order. The order must have the reason for removal.”

Katzenmeyer said that in the history of the charter commission, no other city council members have served simultaneously on the charter and said he believes past practices needed to be followed.

“The charter commission was set up an an autonomous body, separate from the city council,” Katzenmeyer said.

Zarling said that having one councilor on the charter commission did not make it not be

autonomous.

“It does in this sense when that councilor presumes to act as a spokesperson for the commission,” said Martens.

Maynard disagreed with that statement and said he has spoken for himself in the past but never for the entire charter commission, which several members loudly and passionately disagreed with.

Commission Member Chuck Omvig brought up a past resolution Maynard made to the city council surrounding the number of members that should be allowed on the charter commission and questioned whether it came from Maynard as a councilor or a commission member.

“The reason I proposed that resolution is very simple. The climate on this commission is toxic and the reason it’s toxic is because there’s a small group of commission members who is determined to have their way no matter what and will bully people until they either knuckle under or leave,” Maynard said.

He said the only reason people on the charter commission had problems with him is because he refused to knuckle under any bullies.

After Maynard spoke several heated comments were made which caused Chairman Davis to call order to the room and ask for discussion to stop.

Omvig called the question to vote and Katzenmeyer’s motion passed in a roll call vote 7-5 with one abstention.

Davis said now a letter would go to a judge, who will make the final decision. Davis also said that he alone wouldn’t write the letter and Zarling suggested a committee put together a letter and that the letter be brought back to the charter commission before it is approved, which Davis agreed with.

“In fact, I think it’s pretty sad that it comes to this, in my opinion. We’re all adults here and should be able to work together as a group. I feel it got way out of hand,” Davis said.

Omvig then made a motion that a letter be submitted to the district judge stating that the Fairmont Charter Commission feels like the number of members on the board should remain the same as it is with 15 members. The motion passed.

He made a second motion to submit a list of names to the district judge for membership on the Fairmont Charter Commission which includes current members Conrad Anderson, Terry Anderson, Bill Cieslinski, Chuck Omivg, Alice Maday, Mike Katzenmeyer and new members Jon Omvig, Brody Bents and Mike Schmid.

Maynard pointed out that Omvig had submitted an incomplete list as others had applied to be on the charter commission.

It was said that several other people had applied through Fairmont City Hall and not through the Fairmont Charter Commission. At the March 25 city council meeting, the council had, in addition to those mentioned, heard that Richard Bradley and Bruce Peters also applied to be on the charter commission.

Fairmont’s interim city administrator, Jeff O’Neill, said that city hall had been collecting names to bring to the city council.

“We’ve been waiting over a year to get names submitted and I think we should do it and do it now,” said Omvig.

The motion to add the selected names to the district judge passed by majority vote.