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HomeMy WebLinkAboutAgenda - City Charter Committee - 09/30/2024 Charter Committee September 30, 2024 5:30 P.M. Participation Options In Person: 180 Market Street, Room 301 Electronically: https://zoom.us/j/95016792815?pwd=9JKXyAmnOLkFnSK1X18znDEvrZIQWS.1 Meeting ID: 950 1679 2815 Passcode: 738269 Via phone: 1 305-224-1968 Agenda 1. Welcome 2. Agenda Review: Additions, deletions or changes in order of agenda items 3. Comments and questions from the public not related to the agenda 4. Election of officers – Chair, Vice Chair, and Clerk 5. *** Approve minutes from September 13, 2023 Charter Committee Meeting 6. *** Discussion of Council Resolution #2024-21 on considering all-resident voting and outline next steps a. Timing of committee recommendation b. Committee’s approach to recommendation c. Information, testimony desired by committee 7. Makeup of committee 8. Schedule future meetings 9. Other Business 10. Adjourn *** Attachments included CITY CHARTER COMMITTEE 13 SEPTEMBER 2023 The South Burlington City Charter Committee held a meeting on Wednesday, September 2023, at 4:00 p.m., in Conference Room 201, City Hall, 180 Market Street. MEMBERS PRESENT: P. Taylor, Chair; A. Lalonde, D. Kinville, C. Hafter, W. Coleman E. Fitzgerald, K. Bailey ALSO PRESENT: J. Baker, City Manager, M. Emery, R. Doyle 1. Welcome and Introductions: Mr. Taylor welcomed members and public. 2. Agenda Review No changes were made to the agenda. 3. Comments & Questions from the public not related to the Agenda: No issues were raised. 4. Approve Minutes from the 9 August 2023 meeting: It was noted that on p. 4, paragraph 2, line 2, the word “and” should replace “or.” Mr. Coleman moved to approve the Minutes of 9 August 2023 as amended. Mr. Hafter seconded. Motion passed 6-0. 5. Finalize the Report of the City Charter Committee: Mr. Taylor said there was a question about the last sentence on p. 2 regarding the possibility of having the Planning Commission elected. Ms. Emery said the Planning Commission said there was no need to discuss that. Ms. Lalonde said it was her recollection that the Charter Committee asked the Planning Commission only about changing the number of Commission members. Ms. Emery said she thought there would be a lot of pushback from the City Council if that is suggested. Mr. Taylor stressed that the Committee is not suggesting that. Ms. Fitzgerald said she felt the language of community feedback should be literal, and she felt this comment should be more up front in the report as it falls into the category of governance structure, and there was community feedback afterwards. She added that it is in line with “more equitable governance.” CITY CHARTER COMMITTEE 13 SEPTEMBER 2023 PAGE 2 Ms. Emery said she thought it should be under the “survey and forums” section. Mr. Taylor stressed that is up to the Committee to decide. Mr. Hafter moved to accept the change to add to the last sentence of the Governance section of the report. That motion was amended to add that the City Charter Committee did not delve deeply into this. Ms. Fitzgerald seconded. The motion passed 5-2. Ms. Lalonde then moved to delete the word “which would require a Charter change” on the second line of that same paragraph. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Coleman then moved to accept the Committee’s final report as amended at this meeting. Mr. Hafter seconded. Motion passed unanimously. Mr. Doyle asked whether the report will be on the city’s website for the public to read. He said it is often hard for members of the public to access documents. Ms. Baker said the report an all attachments will be posted. She showed how that posting will appear. Mr. Hafter noted the Council had a discussion at its most recent meeting regarding the work of the City Charter Committee. Mr. Taylor said he is aware of that. Ms. Kinville said it would be good to have all Committee members present at the City Council meeting on 18 September when the Council receives the Committee’s report. Ms. Emery thanked the Committee for excellent work and an excellent report. 6. Other Business: No other business was presented. As there was no further business to come before the Committee, Ms. Kinville moved to adjourn. Ms. Lalonde seconded. Motion passed 6-0. The meeting adjourned at 4:28 p.m. South Burlington Democratic Committee July 19, 2024 Subject: Request to Place Ballot Initiative for March 2025 Voting Dear South Burlington City Councilors, I am writing on behalf of the South Burlington Democratic Committee, which has unanimously approved a request for the City Council's consideration. We kindly ask that a ballot initiative be placed for the March 2025 voting cycle, allowing all legal residents of South Burlington to participate in local elections on Town Meeting Day and for any supplementary city, school, or bond votes. This initiative is crucial to uphold the Vermont tradition of Town Meeting and ensure that all residents, regardless of citizenship status, have the opportunity to contribute to our community's decision-making processes. Similar measures have already been adopted by cities such as Montpelier, Burlington, and Winooski, highlighting the importance of extending this to our population. Expanding voter rights not only strengthens our democracy but also promotes inclusivity and civic engagement. It particularly benefits New Americans, unhoused individuals, and other disenfranchised groups who contribute to the fabric of our community and deserve a voice in shaping its future. Vermont has been at the forefront of progressive voting policies, including same-day voting and extending voting rights to 17-year-olds in primary elections. Our proposed ballot initiative aligns with these efforts and underscores our commitment to fostering a more participatory democracy. Former SB City Council Chair/Chittenden Senator/Secretary of State Jim Condos was instrumental in these changes – please continue SB’s proud track record in this fundamental key to a thriving democracy! We respectfully request that this matter be forwarded to the City’s Charter Change Committee with an expedited review process to ensure the initiative is placed on the ballot in a timely manner for next year's elections. Thank you for considering our request. We look forward to your response and to further enhancing democratic participation in South Burlington. Chris Shaw Chair, SB Democratic Committee 802-363-0339 Chris24shaw@gmail.com No. M-5 Page 1 of 2 2021 VT LEG #357135 v.1 No. M-5. An act relating to approval of an amendment to the charter of the City of Montpelier. (H.177) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. CHARTER AMENDMENT APPROVAL The General Assembly approves the amendment to the charter of the City of Montpelier as set forth in this act. Voters approved the proposal of amendment on November 6, 2018. Sec. 2. 24 App. V.S.A. chapter 5 is amended to read: CHAPTER 5. CITY OF MONTPELIER * * * Subchapter 15. City Voter Checklist § 1501. ELIGIBILITY OF NONCITIZEN VOTERS (a) Notwithstanding 17 V.S.A. § 2121(a)(1), any person may register to vote in Montpelier City elections who on election day is a citizen of the United States or a legal resident of the United States, provided that person otherwise meets the qualifications of 17 V.S.A. chapter 43. (b) A noncitizen voter shall not be eligible to vote on any State or federal candidate or question by virtue of registration under this section. § 1502. CITY VOTER CHECKLIST; CITY CLERK DUTIES TO MAINTAIN The City Clerk shall maintain a City voter checklist composed of voters eligible to vote in City elections under 17 V.S.A. chapter 43 and this No. M-5 Page 2 of 2 2021 VT LEG #357135 v.1 subchapter and shall keep this City voter checklist separate from any other voter checklist. The City Clerk shall develop all necessary forms and procedures for implementation of this subchapter. § 1503. CITY ELECTION BALLOT In any election involving a federal, State, county, special district, or school district office or question and a City question or City office, the City Clerk shall prepare a ballot that contains only the City questions and candidates, except for justices of the peace. § 1504. DEFINITIONS As used in this subchapter: (1) “Legal resident of the United States” means any noncitizen who resides in the United States on a permanent or indefinite basis in compliance with federal immigration laws. (2) “Noncitizen voter” means any voter who registers and qualifies to vote in City elections under section 1501 of this charter but is not a citizen of the United States. Sec. 3. EFFECTIVE DATE This act shall take effect on passage. Became law by the June 24, 2021 legislative override of Governor’s veto. No. M-16 Page 1 of 3 2023 VT LEG #371323 v.1 No. M-16. An act relating to approval of amendments to the voter qualification provisions of the charter of the City of Burlington. (H.509) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. CHARTER AMENDMENT APPROVAL The General Assembly approves the amendments to the charter of the City of Burlington as set forth in this act. Voters approved the proposals of amendment on March 7, 2023. Sec. 2. 24 App. V.S.A. chapter 3 is amended to read: CHAPTER 3. CITY OF BURLINGTON * * * § 8. PERSON TO VOTE RESIDE IN WARD OR CITY DISTRICT IN WHICH THE PERSON RESIDES; RESIDENCE REQUIREMENT IF CASTING BALLOT FOR PARTICULAR LOCAL OFFICERS OR LOCAL PUBLIC QUESTIONS No such citizen shall vote except in the ward or City district of which he or she is at the time a resident A legal voter may cast a ballot for local officers and local public questions specific to a ward or City district only if that legal voter resides in that ward or City district at the time of casting that ballot. § 8a. REQUIREMENTS FOR LEGAL RESIDENT VOTERS WHO ARE NOT CITIZENS (a) Notwithstanding sections 7 and 8 of this charter and 17 V.S.A. chapter 43, a legal resident who is not a citizen of the United States shall be a No. M-16 Page 2 of 3 2023 VT LEG #371323 v.1 legal voter at a local City of Burlington or Burlington School District election if the individual meets the following qualifications: (1) is a legal resident of the United States; (2) is not less than 18 years of age; (3) has taken the Voter’s Oath; (4) resides in the City of Burlington as residency is defined in 17 V.S.A. § 2122; and (5) has registered to vote with the Board of Registration of Voters not later than the deadline established by Vermont law for that election or meeting. (b) As used in this section, “legal resident of the United States” means any noncitizen who resides on a permanent or indefinite basis in compliance with federal immigration laws. (c) This section does not change a noncitizen’s ability to vote in any State or federal election. (d) A legal resident voter who is not a citizen may cast a ballot only for local officers and local public questions specific to a ward or City district of which the individual is a resident at the time of voting. (e) The Chief Administrative Officer shall develop all necessary forms and procedures for implementation of this section, including identifying on the voter checklist those legal resident voters who are not citizens. * * * No. M-16 Page 3 of 3 2023 VT LEG #371323 v.1 Sec. 3. EFFECTIVE DATE This act shall take effect on passage. Became law by the June 20, 2023 legislative override of Governor’s veto. No. M-6 Page 1 of 7 2021 VT LEG #357140 v.1 No. M-6. An act relating to approval of amendments to the charter of the City of Winooski. (H.227) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. CHARTER AMENDMENT APPROVAL The General Assembly approves the amendment to the charter of the City of Winooski as set forth in this act. Voters approved the proposal of amendment on November 3, 2020. Sec. 2. 24 App. V.S.A. chapter 19 is amended to read: CHAPTER 19. CITY OF WINOOSKI * * * § 105. POWER OVER WATER RESOURCES (a) No citizen person, association of citizens persons, domestic corporation corporate entity, or municipality, or any combination thereof, may develop, conserve, or use in whole or in part the water resources of the Winooski River as it flows through the City of Winooski for a water power project located in whole or in part in the City of Winooski without obtaining the approval of the City Council of the City of Winooski in addition to any other necessary State or federal agency approvals. * * * § 201. CITY MEETINGS The annual City meeting shall occur on the first Tuesday in March, and shall be warned in the manner provided by general law. Special City meetings No. M-6 Page 2 of 7 2021 VT LEG #357140 v.1 shall be called and warned as provided by general law. All elections, voter registration and qualifications, absentee voting, and the conduct of such City meetings shall be controlled by general law section 202 of this charter. All matters shall be considered by Australian ballot. § 202. QUALIFIED VOTERS (a) Voter registration, qualification, absentee voting, and conduct of elections at all annual and special meetings shall be as provided by general law. The qualifications of voters in State and federal elections shall be as provided by general law. The qualifications of voters in the City meetings shall be the same as those prescribed by law for voters in town meetings and all municipal elections shall be as set forth in subsection (b) of this section. (b) Notwithstanding 17 V.S.A. § 2121(a)(1), any person, including persons who are non-U.S. citizens, may register to vote in any City meeting or municipal election who, on election day: (1) is a legal resident of the City; (2) has taken the Voter’s Oath; and (3) is 18 years of age or older. (c) As used in subdivision (b)(1) of this section, “legal resident of the City” means any person who is a resident of the City and is a United States citizen or resides in the United States on a permanent or indefinite basis in compliance with federal immigration laws. No. M-6 Page 3 of 7 2021 VT LEG #357140 v.1 (d) The City Clerk shall maintain a voter checklist for City meetings and municipal elections, in accordance with subsection (b) of this section, and shall keep the City checklist separate and apart from the voter checklist maintained for State and federal elections. (e) The voter checklists maintained by the City Clerk for municipal, State, and federal elections shall be subject to the protections given to the Statewide voter checklists pursuant to 17 V.S.A. § 2154. * * * § 205. NOMINATIONS IN GENERAL Nominations for the office of Mayor and Councilor shall be made by petitions which shall be filed with the City Clerk not less than 30 days nor more than 40 days before an annual City election or a special City election called for that purpose. The petition shall state the name of the candidate, the candidate’s residence, and the office sought, and shall be signed by at least 50 legal voters of the City qualified to vote at the time the petition is filed petition, prepared and filed in accordance with the provisions of 17 V.S.A. §§ 2681 and 2681a. The petitions shall contain no party designations. A person shall not sign more than one petition for each individual office to be filled. The City Clerk shall cause the names of the persons so nominated to be printed on a ballot in alphabetical arrangement according to surname, and No. M-6 Page 4 of 7 2021 VT LEG #357140 v.1 sample ballots shall be posted in at least three public places at least ten days before election. * * * § 304. GENERAL POWERS AND DUTIES * * * (b) Additional powers. In addition to powers otherwise conferred upon it by law, the City, by the action of the Council or, if specifically required by law or this charter, by the action of its voters, has the following powers and rights, including: * * * (7) To provide for citizen resident participation in appropriate departments. * * * § 305. PROHIBITIONS; CONFLICT OF INTEREST (a) Holding other office. Except where authorized by law, no councilor shall hold any other City office or City employment during the term of election to the Council. Notwithstanding any charter provision to the contrary, a paid or unpaid volunteer member of the Fire Department, other than an officer or member of the Department appointed directly by the City Manager, may serve as a member of the City Council. * * * No. M-6 Page 5 of 7 2021 VT LEG #357140 v.1 § 506. CITY OFFICERS; APPOINTMENT OF * * * (c) Officers. In accordance with the provisions of this section, the City Manager shall appoint the following, who shall hold office at the will of the City Manager: * * * (10) an Emergency Management Coordinator; and (11) a Human Resources Director; and (11)(12) other officers required by law. * * * § 602. CITIZEN RESIDENT ENGAGEMENT * * * (d) All unpaid appointments of citizens residents to the boards, committees, commissions, and agencies shall be for a term certain. Citizens Residents once appointed to a term may only be removed for cause or after unanimous vote by the City Council. If ad hoc committees are created, the appointment will cease upon completion of the Committee’s task. § 603. PERSONNEL SYSTEM * * * (b) Personnel Director. There shall be a Personnel Director who shall administer the personnel system of the City. The Personnel Director shall be the City Manager. The Personnel Director shall be responsible for collective No. M-6 Page 6 of 7 2021 VT LEG #357140 v.1 bargaining and administration of negotiated contracts subject to approval by the City Council. [Repealed.] (c) [Repealed.] (d) Personnel policies. The Personnel Director City Manager shall prepare personnel policies. The personnel rules shall be proposed to the Council, and the Council may adopt them with or without amendment. These rules shall provide for: * * * § 717. TAX CLASSIFICATION (a) Except for the property of utilities subject to regulation by the Vermont Public Utility Commission, all personal and real property set out in the grand list that is not used as residential property, farmland, and vacant land zoned “recreation, conservation, and open space (RCO)” public recreation, conservation, or open space lands shall be classified as nonresidential property and shall be assessed at taxed by applying the tax rate on 120 percent of fair market the assessed value of the property; and further provided that inventories shall no longer be set out in the grand list of the City as taxable personal estate. Properties upon which in-lieu-of-tax payments are made shall be likewise classified and assessed for the purposes of such payments. * * * No. M-6 Page 7 of 7 2021 VT LEG #357140 v.1 § 903. OATH OF OFFICE All elective officials of the City shall, before assuming office, take, subscribe, and file with the City Clerk the following oath: “I ________ solemnly swear or affirm, under penalty of law, that I will faithfully execute the Office of ________ of the City of Winooski to the best of my judgment and abilities, according to law, so help me God or I so affirm.” * * * Sec. 3. EFFECTIVE DATE This act shall take effect on passage. Became law by the June 24, 2021 legislative override of Governor’s veto. Winooski Charter Commission - All-Resident Voting Factsheet Winooski Charter Commission info: winooskivt.gov/charter Meetings: First and third Tuesdays at 5:30 pm at City Hall (from mid-March to mid-May) Email your questions & comments: charter@winooskivt.gov Introduction The Winooski Charter Commission is a task-oriented Commission that advises the City Council on potential changes to the Municipal Charter, the foundational governance document of the City of Winooski. Currently, the Commission is charged with examining options to present Winooski voters with a charter change that would enable all residents to vote in Winooski municipal elections, protect Winooski voter information, align the School and City charters, and consider additional governance changes identified by the Council, staff, and public. The Winooski Charter Commission needs your input during this important public outreach process and is happy to provide you with the information you need. Purpose All of our residents contribute in a multitude of ways. We pay our taxes, buy homes and property, open businesses, and send our kids to our schools. Together we create the advantageous diversity our community has celebrated for almost 100 years - regardless of our citizenship status. A change to our municipal charter would allow any qualified Winooski resident, who may for various reasons not have US citizenship, to vote only in municipal elections – giving a voice to our neighbors in local matters that affect them, their families, and their lives. Context All-resident voting in elections goes back to the founding of the United States. After the American Revolution, non-US citizens were allowed to vote in many states. By the 19th century, non-citizens in at least 22 US states were voting in local, state, and federal elections. But a flood of immigrants to America at the start of the 20th century fueled a rise of anti-immigrant sentiment - and by 1926, all states had abolished the practice. As of today, non-citizens are allowed to vote in some local elections in Chicago, San Francisco, and Maryland – a process that has proven successful. Other communities in Vermont are also considering this. It was approved locally in Montpelier in 2019 and is also under discussion in Burlington. Winooski Population Data 2017 American Community Survey Total (18+): 6,131 Native U.S. Citizens = 5,041 (82%) Naturalized Citizens = 472 (8%) Not a U.S. Citizen = 618 (10%) Any “no” vote above and the process is over for now. What are the steps to allow for all-resident voting? The Supreme Court of Vermont has stated that the Legislature has the ability to change charters for towns and cities. This is a multistep process: Questions We’ve Considered (FAQs): We welcome your feedback on all of these ideas!  Who would be qualified to vote? Residents here under a federally sanctioned legal category (such as a green card or a permanent resident visa, etc.) and who will be 18 years of age or older on or by election day.  What does resident mean? Someone who resides in Winooski with the intent to stay – the same as applies to citizen voters.  Could non-citizens run for office? Under the current charter language, if all qualified Winooski residents are allowed to vote, all qualified Winooski residents will be able to run for local office.  Would the voter registration lists be public? Yes. The City would maintain (1) a state and federal voter registration list and (2) a municipal voter registration list of all qualified Winooski voters. Both would be available upon request.  How would non-citizens register? The same way all voters register: come to City Hall or the polling place and swear that they are who they say they are and are a resident of Winooski.  Why don’t people just become citizens? It’s complicated. There are lots of barriers to gaining citizenship. These could include: o Time. You often have to have lived here for at a minimum 3 to 5 years before you can apply. o Eligibility or long waiting lists. Depending on where you are from, only a small number of people are allowed access to citizenship every year. o Future access to homeland. Some don’t want to give up the right to travel home or move home in the future and US citizenship could eliminate that possibility. o Cost. The application itself is $725 plus classes and lawyers if needed.  I’m not a US citizen. If I register to vote, is my information public? Yes. Your standard voter information is on the list. Your citizenship status is not.  Will this prohibit me from applying for citizenship status? To date, this has not inhibited citizenship applications.  When is the vote? If approved by the City Council and after three public hearings, current voters would be asked to vote on a Charter change in November 2020.  How can I provide more feedback? Email us at charter@winooskivt.gov.