THE CITY OF PORT HURON CHARTER COMMISSION MEETING - FEBRUARY 9, 2010 MUNICIPAL OFFICE CENTER, PORT HURON, ROOM 408

The Commission meeting began with Commissioner Melinda Johnson and Commissioner Karen Jamison absent.

At public audience, Ralph Polovich asked what would happen under the hybrid charter system if an elected council member should not be able to serve the rest of their office?

This got the group off on discussing the possibility of how a vacancy would be filled if someone should die.

This led to Commissioner Jeff Wine asking how a spot would be filled in a district if no one ran in an election.

Commissioner Karl Tomion felt that was a good point and maybe they should clarify it more.

Attorney John Livesay said that they would look to the proceeding election to fill the vacancy.

Commissioner Mark Neal pointed out that this could be 4 years. A lot can happen in 4 years, but the final decision would be at the discretion of the council.

Mr. Livesay noted that the council would have to solicit letters from interested parties.

Commissioner Tomion felt that if the vacancy was from a district, they would go back to the last district election and if it was for the at-large seat, they would go back to the last election for at-large. He felt that if someone was 1 year into their term, they could go back 3 years and if no one was available the council could appoint in that district. He said he had called a city that has a hybrid system that does have a district that is hard to get people to run in and they end up appointing someone.

After this discussion, Chairperson Laurie Sample Wynn felt that this was enough conversation on public audience and she called the meeting to order.

There were no communications from interested parties.

The first thing on the agenda was the ballot proposal language. Mr. Livesay had been talking to the state Elections Board and the Attorney Generals office. The Elections Board stated that the questions needed to be asked as yes or no questions. The first question on the ballot was to pass a Charter, however, in that part the at-large system was written in. The next part was asking if the hybrid system was the person voting's choice.

Chairperson Sample Wynn felt the wording was very confusing.

Chairperson Pat Parcell said that he was under the impression they had ot vote on the Charter as a whole first.

Commissioner Mark Neal asked if they could do it the way he had previously suggested. One choice would be the whole Charter with the at-large system inserted. The other choice would be the whole Charter with districts inserted. The voter would have to pick one or the other.

Mr. Livesay read a long confusing statute that he had found that really was not insightful and then admitted it doesn't say they can't do it Commissioner Neal's way.

Commissioner Tomion really felt that if they presented it to the voter as two charters, one with districts, one with at-large, this would be less confusing to them. The one getting the most votes wins.

Commissioner Greg Stremers felt they should go ahead submitting language the way they felt best for the people to understand and they could argue with the Attorney General's office later.

City Clerk Sue Child decided to play devils advocate for a minute and asked what would happen if there was a tie.

Mr. Livesay felt that's why the Elections Board had a problem with the Option A or B language they submitted. They could have a tie in that respect too.

Ms. Child wanted to know what would happen if it failed and the Commission didn't make any changes to the Charter and resubmitted it to the people to vote on again.

After much conversation, everyone felt that Commissioner Neal's idea was an excellent one and the most logical and easiest one to understand. But people would have to vote yes on one and no on the other so at least ehe Charter itself could be passed one way or the other.

The group moved on to Chapter 12. They had the language revisions in front of them and spent a good deal of time reviewing it. They said what that Chapter was was the a Transition Chapter which they had moved to Chapter 3.

Commissioner Neal said he wanted to rescind his motion to approve the meeting minutes because it says he moved the old Chapter 12 to Chapter 1 and he would never have voted yeas on that.

Ms. Child said it happened after 8:10 p.m. when Commissioner Neal had left but she felt she could move it to the end of the minutes.

Commissioner Tomion rescinded his motion but agreed it would be a friendly change to the minutes.

Once they agreed on this Commissioner Tomion moved again and Wine seconded it.

Commissioner Neal pointed out that he was not happy that Chapter 12 was moved up and combined with Chapter 1. He said that you don't open a book and find all the defiinitions of things there.

Commissioner Stremers said that attorney's like to have the definitions on the front of the book.

Commissioner Neal pointed out that other Chapters from other cities have the definitions in the back of the Charter.

Commissioner Stremers said he didn't want to argue with the Attorney Generals Office about small things. He felt they should simplify the document as much as possible and pointed out a letter he had acquired from Inkster concerning their attempt at writing their charter. He said it was a good example of what not to do and felt that if this group got a letter like this one, they should be embarrassed. He also got a check list from them to help them go through everything.

The group felt that once the commission was all done working on the document, and once it was pieced back together, a few of them would meet as a subcommittee and go line by line. If there was any controversy, they could meet back to clean it up with the rest of the commission.

The next item was the preamble language but Commissioner Stremers admitted he had not had time to work on it. He also had not had time to meet with Commissioner Johnson, who was also suppose to work on it. He stated he had worked 30 days straight and was swamped at work.

The next meeting the group had was a public hearing.

Commissioner Tomion wondered if they should postpone it until the ballot language and preamble were done.

Ms. Child said they could postpone it until the entire thing is ready.

The group also felt comfortable sending the document to corporate council for the city and they didn't need another outside attorney to check it out.

Commissioner Tomion felt it was premature to have a public hearing because they don't have anything substantial to show the people.

Commissioner Neal felt they should cancel the public hearing and have a regular meeting next time.

Commissioner Tomion wanted the preamble done before they hear public comment on it. He also asked Commissioner Stremers to set a time limit on how long it would take to get it done.

Commissioner Stremers asked to at least have 2 weeks to get it started.

Commissioner Neal felt that 6 weeks was long enough to get the document ready for public audience.

The group found out that they had met 22 times now.

Chairperson Sample Wynn said they might be able to have the public hearing the first Tuesday they meet in April, which would be April 13th. OR they could do it on April 5th, which is a Monday. She pointed out it was an off council night. She also asked Ms. Child to get ahold of Commssioners who were not present and letting them know they are meeting.

For the next meeting, Chairperson Sample Wynn suggested they go over the check list again.

Ms. Child pointed out that they do not recognize the mayor as Chief Executive Officer. It's on the checklist so maybe they should change the language in the document. Everyone agreed.

Commissioner Purcell wondered about he city attorney's office.

Ms. Child said it was in there and in section 4.5.

Commissioner Tomion asked about incompatibility of office.

Mr. Livesay said it was when someone runs for City Council and then runs for County Commissioner after winning the City Council seat.

Commissioner Neal said the letter from Inkster was a great example of what not to do.

In the end, the group accepted the language for Chapter 12.

The next meeting will be held on February 23, 2010 and will talk about the ballot language.

The meeting was adjourned a little early because of the snow. Everyone wanted to get home early.

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