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269007 WHITE - CITV CLERK CO1111C11 ������ PINK - FINANCE GITY OF SAINT PAITL CANARV - DEPARTMENT BL_UE - MAYOR File NO• ` ouncil Resolution _ Presented By Referred To Committee: Date Out of Committee By Date WI�REAS, the Legislature of the State of Minnesota has before it proposed legislation, S. F. 350, requiring a uniform municipal election day in the fall of odd-numbered years for city, county, and school board positions; and WHEREAS, the Council of the City of Saint Paul has con- sidered the effects of this proposed legislation and has heard presentations from representatives of the Board of Education,`� the St. Paul League of Women Voters, �nd the St. Paul Chamber of Commerce, all of whom objeet to the passage of the bill for varying reasons, including conflicts between election campaigns • �nd the budget making process; the length of time an administra- tion must operate under a budget prepared by the previous mayor and council; the brief length of time between eleetions and the commenaement o� the legislative session; and budget problems of the School Distriet, whieh would be in a position of having to pay the entire costs of an election every four years; a verbatim transcript o� their remarks being attached hereto and made a part of this resolution; an.d WAEREAS, members of -tl�is Council, altho�gh� t�ey su�►pert the coneept of a uni�orm eleetion day, have serious reservations about its application to the City o� Saint Paul, sharing some of the concerns stated above and desiring that the couneil have sufficient time to consider certain aspecta of the proposed legislation, such as the concept of an extended term, four-year terms, and possible objections of the citizenry to the fall eleetions, noW, theref'ore, be it RESOLVED, that the Gouncil of the Gity of Saint Paul hereby expresses its desire that the Legislature amend the uniform eleetion day bill presently pending before it, S. F. No. 35Q, to provide for -a loca�. :_option to the City of Saint COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt � - Levine __ Against BY Rcedler Sylvester , Tedesco Form Approved by City Attorney , Adopked by Council: Date Certified Vassed by Council Secretary BY By� r Approved by Mayor. Da�te ___„ Approved by Mayor for Submission to Council By � BY \ WHITE - C1TV CLERK COUIlCll �� PINK - FINANCE GITY OF SAINT PAUL CANARV - DEPARTMENT � BLUE - MAVOR File NO. } � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. Paul as to whether its elections will be affected by the bill; �nd further, that if nol�cal option be contained therein, the city be expressly exempted from the operation of the proposed legislation. COUNCILMEN Yeas Nays .� Requested by Department of: Butler L°� Hozza— J [n Favor Hunt Levine � __ Against BY Roedler Sylvester� Tedesco � 3 Form Approved by City Attorney Adopted b, ouncil: Date � Certr�ed Pas e '-by Coun .' Secretary BY �y , �- , Approv d b ,Na or: Dat � O �977 Approved by Mayor for Submissio❑ to Council By . BY Pu6�►sHE� MAY 3 4 1977 _ _ _ _ � 1 ' - / . � /� � i� � i f ' � � � Davi� H. Hozza. C ai � . ._. _ t ;� �b9��0'� COLT�ICIL COMrIITTEE Oi1 LEGISLATION MINUTES OF MEETING April 7, 1977 MEi�iBERS PRESENT: David H. Hozza, Chairman Councilwoman Rosalie Butler Councilman Leonard Levine Councilwoman Ruby Hunt Councilman Patrick Roedler Councilman Robert Sylvester Councilman Victor Tedesco ALSO PRESENT: Mary Ann Hecht Harriet Lansing Betty Lassen Fran Boyden Norma Finnegan John Connelly Rick Renner John Kelly Eleanor Weber Valerie Cunningham Frank Delaney, Jr. The committee met to cansider Senate File 350, a bill which would require a uniform municipal election day in the fall of odd-numbered j years for city, county and school board positions. t Mary Ann Hecht, who has been following the bi11 for the Mayor's , office, told the committee that under S.F. 350, the primary election would be held on the first Tuesday after the second Monday in the month of October. There would be four weeks between the primary and the general election and terms. of office would begin on the first Monday in Januarp following the election. � Filings for office would be conducted not more than 42 days and not less than 28 days before the primary election. The first elections to be affected by the bill, if passed, would be a primary and general election in the fall of 1979. Ms. Hecht explained that the city elec-- tions scheduled for the Spring of 1978 would not be affected by the bill. She added that the Senate elections co�nittee reported the bill out and it is now in the Senate finance committee because it contains a pro- vision allowing for the payment to municipalities of $1 for each vote cast in the election, to help defray the costs. Chairman Hozza then asked Ca.ty Attomey Harriet Lansing to expand on the memo she'd sent to committee members, relating to elected officials` terms of office at the time the changeover was made to the fall election. Ms. Lansing explained that her opinion is based on the Senate bill, and doesn't relate to the House bill, which is slightly different. Under / S.F. 350, the governing body may, by ordinance, extend or reduce the term t -over- 2. w ' Legislation Coffinittee Apri1 7, 1977 of office so that the term ends on the first Monday in January in even- ( - nu�bered years. If no ordinance is adopted, tne terms would extend or shorten automatically. So, if the bill passes, and no ordinance is passed defining length of terms, the Statute would automatically reduce the term by si� nonths, to expire in January of 1980 (for seats that were decided by the Spring, 1478 election) . " If the Council chooses to adopt an ordinance stating the length of the term during the char_geover to the uniform date, a question has been raised about whether the term length could be submitted to the voters. There are three possible forms of submission to the voters. One would be an advisory question, and it was A�. Lansing's opinion that an advisory eZection would be prohibited in the absence of Constitutional or legislative authority. � Another way of submitting the question to the voters could be through a referendum after an ordinance is passed. The referendum provisions in the Charter require the requisite number of signatures on a petition. It`s a right of the voters, and as such, there isn't any suthority for the govern- ing body to place something on the ballot without the petition. ris. Lansing said it would be her recommendation that if the Coun.cil decided to place it on the ballot, that it be done through the Charter amendment process. 'I'he Charter amendment under 41Q. I2, subdivision 5, may ; be proposed by the Council by ordinance and would amend section 701 •and � 202 of the :Charter. � Councilwvman Hunt: Would that also need the concurrence of the Charfer Commission? Ms. Lansino: To my recollection, yes. Chairman Hozza (to Mrs. Hunt) : To place that on the ballot, . you mean� Mrs. Hunt: Yes. I mean, the Charter Co�ission would have to approve the Charter ameadu�nt being placed on the ballot at the request of the City Coimcil. Ms. Lansing: Right. Mrs. Himt: The Council doesn't have the prerogative to do it without the consent of the Charter Ca�i.ssion. Chairman Hozza (to Mrs�: Hunt) : Is that the majority consent or the unanimous consent? Mrs. Hunt: Well, I think that would be unanimous consent of the Council. That`s the ordinance method of approving the Charter, t of approving a Charter amendment. , 3� �V�/ � ���. Legislation Committee April 7, 1977 � Chairman Hozza: Let's talk about putting the Charter amendment on the ballot. What is the process and what are the votes required? Mrs. Hunt: It is my understanding that this is one way of amending the Charter authorized by State law. It's the ordinance method in which the Charter amendment can be pro— posed by the Charter Co�i.ssion and become law by the seven votes of the Council but it's subject to this reverse referen— dum type of thing. A number of people have to sign a petition and then it automatically goes on the bal:lot for the voters to approve or not approve. Ms. Lansing: The mechanics of putting the question an the ballot as a Charter amendment is not set forth in the opinion from my office. I'm not sure that it would raquire a unanimous vote, but I can check the statute. Chairman Hozza: As I see it, there are no regularly—scheduled elections between now and the Spring of 1978. Ms. Lansina: That is correct. Howev�r, my understanding is that an ordinance doesn't have to be passed... ( Chairman Hozza: If there were any votes by the peopZe to be taken on a referendum on the length of terms of office (unless , : . it was Laken at the primary, which I suppose it could be) then it would be retroactive in terms of affecting the terms of geople running for office. The voters would determine whether the people they were voting for would serve for 18 months or for 42 months. Ms. Lansing: I would characterize it as concurrent, instead of retroactive, but if it appeared on the primary ballot it would affect the terms of those people who appear on the ballot. `~��Councilman Tedesco: In my opinion, and it's onl.y mi.ne, we, " should leave everything as it is. The winter is kind of tougIL, Z would grant you that, but I think most of us have all gotten away from lawn signs, which are the only tough _ part of campaigning anytime during the year. I*d be in favor of no change whatsoever. Chairman Hozza: Mr. Tedesco, there are two things here. One, the reason that we scheduled this meeting was to hear from anyone that wanted to be heard. Secondly, we mag not have a choice in this matter. If the uniform election law is passed, which I suspect it has a reasonab le chance of doing, then we have to make a decision on how to implement it. 4. � `LegisZation Comma.ttee Apri1 7, I977 � Mr. Tedesco: If we are governed by another body that super- sedes our authority, I'm certainly not going to lose any sleep o�er it, but I was just giving you ny opinion. Councilman Roedler: Assuming that the legislation passes, what would the options be? rfs. Hecht: What the bill would do is give the Iocal govern- ing body the authority to decide how to comply wi.th it. Mr. P.oedler: Does that mean the Council or the Charter Co�aission? ; Ms. Hecht: The Council. And it states that in order to compZy the local governing body can either reduce or extend the term of office. Mr. Roedler: Those are the options, to either reduce or extend? - . r1s. Hecht: Yes. Ldhat it amounts to, ther�, is a term of one-and-a-half years or of three-and-a-half years. Chairna.n Hozza: That's one time only, and then the terms � would be for two years. - - Ms. Hecht: That`s right. I neglected to mentian this before: because of the Cou�tty terms, which would normallp be seheduled for_election in the Fall of 1978, i£ the law prevents that election from being held, they would automatically have their terss extended for one year so that the county officers would have an election in the Fall of 1979. _ Chairna.n Hozza: So they have a five-year term? Ms. Hecht: Yes, but for one election only. . Mrs. Butler: I still feel very strongly that it would be very . � bad to have to conduct campaigns at the same time we're puttiug togeth.er the budget. Budget decisions would be political de- cisions. I would like to move- that we staze our reservations in a 3etter to the Legislature and ask to have cities of the first class, with h.ome-rule charters, be exempted from this bill. The chairman then recognized Eleanor Weber, chairpersan of the St. Paul Board of Education. ` 5. ����i,l� �� Legislation Committee ApriZ 7, 1977 i Ms. Weber: The Board of Education has not considered the proposed statute on a uniform election Iaw. We have been aware that it has been proposed. Our lobbyist has kept � sort of a quarter of an eye, if you can, on it while.he has pursued things that we of the Board have directed him to pursue because we consider them to be more urgent. Namely, financing. We've had the feeling that was expressed by someone here today that this lac� may well go into effect no matter what we did about it, so we have not put it at the top of our list. We do have a concern, I am sure, which S want to e�ress to you this morning. As you know, the Board of Education mem- bers serve four-year, .staggered terms. The bill does provide that election of school districts share in the expense of the proposed reorganized elections. We, you know, have al- ways shared in the expense of elections here in St_ Paul. I would urge everyone to examine carefully what changes being discussed might do to the cost of elections for the school district. If, for example, to carry out our required elec- � tions every two years, we have to bear the whole cost of one set of elections, that might cost as high as $100,000. These days when we are yet faced with the major cuts in staff, cuts in all of the budget items, we can ill afford to be spending more money for electian costs. This really is my major concern. In your consideration as to what you would do, please remember that we can ill afford to bear the cost of an election all by ourselves. The County, you knaw, has four-year terms--they are all elected at once. IInder this , bill, it would mean that once every four years we might well have to do an election all by ourselves. The chair then recognized Norma Finnegan, representing the St. Paul�League of Women Voters. . Ms. Finnegan: We have kept ou� sights on this subj ect before, when it came up before the Charter Commission a few years back. Our primary concern with this bill has ta do with the budget , year of the city. Under the present two-year term, the new Mayor only has to live six months with the hudget of a former administration. If we went to this Fall election it would mean he would have to live a whole year with it. We would like to see it tied to a four-year term. Under a four-year term, then the percentage of time would be no longer than it is now. Given a four-year term, then I guess we wouldn`t have any particular objections, but as it is, it presents a prob lem. Chairman Hozza: Do you mean a four-year term for the Mayor or the Council? i : , i 6. Legislation Commi.ttee April 7, 197Z ( ` Ms. Finnegan: Particularly for the Mayor, but we do support the four-year term for both the Mayor and City Council. The chair then recognized Rick Renner, represenLing the St. Paul Chamber of Commezce. Renner: We have recognized what we think are serious problems - with this and would recommend that the Council nat support this or actually oppose this at the Legislature unless. there is some clear, overwhelming reason why this would be good for the citizens of St. Paul and for St. Paul governi¢snt. And I guess we recognize the fact that there may not be much that the City can do about it but we don't think that it would be wise for the City to just let it go by if there are not sou� clear, over- whelming reasons why it shouldn`t be supported. Probably the major reasoa why we think that there are some problems with it, or the major problem that we see with it, is similar to what the League of Women Voters pointed out, that we are just not sure that the four-year term would have that much effect for the Mayor because the problem that we see is not only with the Mayor but it is with the City Council also. Probably two of the most important functions that the City � ; Council has include working on the budget, developing what' might be called the plan of action for the citp for the coming . year. The other important function is submitti.ng the record of each of the City Council members to the puhlic and it is a well-known fact that both of these functions, �rhen they fiake place, take a great deal of time, probably most of the time of the Council members when they are doing it. During the budget time, budget meetings are going on during the - � . day and during the evenings and a lot of background work is - being done by �aembers of the Council and we think that makes for a good budget. At election 'time it is a we22-known fact - that city government, and for good reason, tends to slow down while members of the Council and while opposiag candidates • take time to debate the Ionger-range issues and what took - . glace during the past two years and what is goiag to take - place in the comi.ng two years. We just don't see that the - two should be combined inta the same short period of time. Talking about four weeks for an election, the Council only has about three weeks to review the budget as it is, and we think that is just compressing two very important functions into a very short time period. r ' 7. , �t_ "��� � / Legislation Co�nittee April 7, 1977 l Another reason, probably less important , is that without a change in the budget year, the new Mayor and the iiew Council would spend a full year under the budget approved by somebody else. Now they spend a half year, but it would be a full year under a budget approved by somebody else. . Now, we recognize the fact that the budget can be changed, but the Mayor, when he came in, expressed that concern and I think he recognizes, and I think that you would reeagnize, too, that you . can make some changes in the budget but to change the major di- rection of the budget through changes one at a time would not be very easy. That it would in fact be somebody else's budget. The other point is that the Council members and the Mayor would be elected just prior to the convening of the Legislative session and the Legislature is becoming more important to the operation of the City every year. And to have that little time of preparation for either the Mayor or the Counci,l (obviously there will be a carry-over of Council members) but every two years the administration is elected and every se many years an administration is going to be new and be faced wi.th that situ- ation which could be very difficult for the City. � To sum up our position on it, we see some of tfiese prol�lems and we don`t see that much good coming out of it. Unless there is some very clear, overwhelming reasons why that should be approved, - we don't think the City should support it. / There being no one else who wished to testify, the committee discussed the bill among its members. : Councilman Roedler said he could see some real advantages for an in- . cumbent if the bill gassed--he could refuse to debate his opposition, ' arguing that he was too busy with Council business. Roedler also said he felt it would confuse the voters to have the names of all the city, county and school board candidates on the same b allot. Mrs. Butler stated that she felt St. Paul should be excluded from the bill because it would be harmful to both the city and to the voters. She said she felt it could be demonstrated that St. Paul deserved to be excepted from the bill's provisions. She moved that the city attorney prepare a resolution asking for the exception and attach the statements of the League of Women Voters and the Chamber of Commerce to it, then for- ward it to the Legislative co�ittee considering the bill. Councilman Sylvester said he'd have to oppose the motion. He said that there is pressure of one kind or another every month, not just in October when the budget is being prepared, adding that the important � -� 8. • � Legislation Co�nittee Apri1 7, 1977 �' Community Development budget is debated during the filing period. It r�ight help the budget, Sylvester said, to have the Council take a hard look at spending versus the tax rate at about the same time members are facing re-election. rirs. Butler then said she felt that fall elections would be much better for the City, and maybe the best thing to do would be to request the Legislature to give the City a loca7. option, so discussians can continue and the Council can get the views of all affected partzes. rlrs. Hunt stated that she had mixed emotions about the bill, but she felt the stror.ger arguments were coming docan on the side of the - uniform fall election. It is her understanding that Minneapoli.s al- ready has a fall election, and Duluth may already too, so St. Paul wouZd be the only city of the first class asking for an exception. She added that a first draft of tfie new City Charter had called for a _ fall election znd there were no objections to it at the time. Councilnan Roedler said he didn't disagree with the concept, he just felt that St. Paul should be given enough time ta do the change- over welZ. Councilman Levine said he had no great problems with the fall election concept, either, but he felt the City should have a total � - election reform package with consideration given to four-year, staogered terms. Ms. Lansing told the committee that the Council could alter the term of office in the same ordinance w'r►ich decides whether the one � changeover election shall be for a shorter or longer term. If i� is determined that the voters should also decide that question, then the charter amendment procedure could be used. � , Mrs. Hunt said she felt that any dete.rmination on the length of terms shauld be discussed by the citizens. Mrs. Butler then moved a substitute motion that woulc3 state that St. Paul desires a local option clause in the bi11, and that a resolu- • tion stating that be prepared. Her motion also stated that if there is no local option clause, then St. Paul requests an exemption from the _ provisions of the bill. Councilman Sylvester said he still questioned the motion. He would prefer that the Council take a position either for or against the bi11. Chairman Hozza stated that he felt the bill was co�Iex, and that the Council would run into an equal number of problems if it changed to a fall election or if it stayed with the present system. He adc�ed 9. �� ���� � Legislation Cotnmi.ttee April 7,I977 i that he would not like to be the only city of the first class in the state with a different election date. Fram a policy and pragmatic standpoint, he added, he would vote against the motion. Mrs. Butler then further moved that the resolution requested in her motion should clearly state the Council's concerns and reasons for not supporting the bill. The commi.ttee then voted on the motion, which was approved on a five to two vote. The chairman concurred with Mrs. Butler's statement that the statenents by the Chamber, League and School Baard repre— sentatives be taken down verbatim and included with the resoZution to be sent to the bill's author and the committee chairman. There being no further business to come before the committee, the meeting was adjourned at 10:00 a.m. � �� �� ` ,