Nfld Council shuts down Charter Oath – contentious history between Charter Commission and Council; Nfld council mask mandate nullified by Statewide order; Sen. Draheim comments on mask mandate and police reform bill

By Teri Knight, News Director

Heisler

The Northfield Council, on a 3 to 4 vote, chose not to include the City’s Charter in their Oath of Office for newly elected officials. (the vote had to be unanimous) The Charter Commission has worked for some time trying to get recognition, of what Councilors and the Mayor have said, is our City’s constitution. A Charter city has the additional authority to adopt laws regarding “municipal affairs” that are different from state statutes,they cannot be less restrictive. A public hearing was held with Administrator Martig explaining, “the addition of the language would be to add the sentence, it would say the oath shall include the duty to support the Charter of the City of Northfield”Commission Chair Lance Heisler presented it at Tuesday’s meeting saying they aren’t trying to solve a problem rather, “this is really a matter of calling attention, I think, to a very important document in our city”Multiple times he mentioned it being the City’s foundational document and did

Peterson White

not find it inconsistent with any other laws. The Charter was voted in in 1910. At the meeting, C. Peterson White said, “in substance this is non-controversial” however, she then added, “I don’t like the precedent that it would set to do this because I frankly don’t believe our Charter Commission should be out looking for problems to solve. They have set themselves up that this is not a problem but it’s just an extra thing”,  adding, “personally I’m not, I think that oaths are taken when we are concerned that people might otherwise not do what they are swearing to do and I don’t think we have that concern here. I don’t think that that is a concern that has been raised once in the three discussions that we’ve had about this”. [NOTE: It takes a unanimous vote to change a Charter Amendment. It’s purposely made to be hard to change it. The no votes were cast by Councilors Grabau, Nakasian, Peterson White and Zweifel.] Martig said the duty to uphold the Charter is “presumed”, however, in 2015, then Charter Chair Tim Clack weighed in on a particular revision to the Land Development Code. According to Northfield Charter the vote must be 5/2 (a super majority) but State Statute only requires a 4/3 vote. The particular issue regarded the allowable heights of downtown buildings and it passed based on Statute. Three of the current councilors, Zweifel, Peterson White and Nakasian along with then Councilor Pownell were combative with Clack and brought City Attorney Hood in on it, he sided with the four councilors. We have the interview KYMN did with Clack in November of 2015 where he clearly explains the Charter, the issue they talked about and the Council’s reaction, saying, “it it did set me back a little bit and surprise me a little bit. There was certainly some, what appeared to be, defensiveness over the idea of coming in but I think I just have to accept that and attempt to take the higher road and continue to push the process forward”. He took the higher road until he eventually resigned the Charter in 2016. Here is the LINK to his resignation letter calling then-council “an embarrasment”.  Charter members are appointed by a Judge, not the Mayor. Clack’s interview from November 2015 is here:  

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Nfld council mask mandate nullified by Statewide order 

A day after the Northfield Council voted to approve a mask mandate, Governor Walz called for it statewide. The mandate goes into effect Friday at midnight. For those who balk at the idea he said, “this is the way, the cheapest, the most effective way for us to open up our businesses, for us to get our kids back in school, for us to keep our grandparents healthy and for us to get back that life that we all miss so much”. This nullifies the City’s vote which would have gone into effect August 1st. Exemptions to the rule are children 5 and under and those with medical issues including mental health. Health Commissioner Jan Malcolm said they do NOT recommend children 2 and under wear them at all. 

Sen. Draheim comments on mask mandate and police reform bill

District 20 Senator Rich Draheim was on the air this morning commenting on the Executive Order for masks. He said there was no talk at the Legislative level and added that many rural counties have not been nearly as affected by Covid as the Metro, likely due to population, public transportation and simply density, “that’s why we weren’t in favor of a statewide mandate because if you’re up in Roseau or Lake Virginia or somewhere way up north, it isn’t that same as being in St. Paul or Minneapolis. And I think we have to remember that”. The GOP Senator said the police reform bill that passed was a compromise. Adding, “there was some criticism that it was watered down, well, that’s what happens with bills. I don’t think I’ve ever had a bill that started and finished the same by the time you take input from stakeholders and different groups and other Senators and other House Reps, the bill changes throughout the process and that’s called compromise. And that’s what happened”. There’s much more to his interview which is HERE.

7-23-20 News

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