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Nose for News
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Posted on: Jan. 12 2004,11:40 pm |
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Check this out. Doesn't this sound familiar?
Why do people insist on voting and making motions over the phone ? Isn't this why we have a quorum? Why don't people follow state law or their own bylaws? Weren't they written for a reason?
An elected Council not doing its job: forming a gutless committee so it doesn't get the heat from the Port Authority?
January 8th, 2004
Panel doesn’t call for Port Authority audit
Committee calls for some changes
By Dan Nienaber
Free Press Staff Writer
NORTH MANKATO — After spending several weeks digging through stacks of state statutes and bylaws governing North Mankato’s Port Authority, members of a citizens committee decided an audit of the city’s economic development arm isn’t necessary.
The five-member North Mankato Citizens Committee was appointed by Mayor Lowell Sieberg and asked to make an audit recommendation to the City Council this month. By a 4-to-1 margin, the committee voted against the audit but went ahead with a plan to make several recommendations to the Port Authority.
Having the Port Authority comply with state statutes, having its bylaws either followed or changed to follow the way business is done and making sure the city is compensated when city staff and equipment is used for major Port Authority products were some of the recommendations being considered.
A final report will be prepared by committee chairman Bob Kitchenmaster, a North Mankato certified public accountant, and presented to the City Council later this month.
Councilman Gary Zellmer, who also serves on the Port Authority, suggested the committee be formed after North Mankato resident Jim Hughes requested an audit. His request came after it was reported that the Port Authority and city officials had not told the mayor, City Council and the public that Ray’s Market was months behind on its lease and property tax payments for a Port Authority-owned building.
Hughes, who was appointed to the committee, was the only member to vote in favor of the audit.
The Minnesota State Auditor’s Office turned down a request for guidance by the committee, saying it had to maintain its independence in case it was asked to audit the Port Authority.
During a meeting last month, the committee compiled a list of questions for auditors. It included eight examples of state statutes and three Port Authority bylaws that the committee wasn’t sure were being followed. It also included about a dozen general questions related to Port Authority’s compliance with laws and policies.
“The majority of questions you submitted to us either assume certain facts to be true or include your conclusion of what the facts indicate,” David Kenney, assistant legal counsel for the Auditor’s Office, said. “Since we may be asked to audit the North Mankato Port Authority, it is imperative that we maintain our independence and not speculate at this time as to compliance or noncompliance with state law, by-laws and policies.”
Kenney did say, in general, that auditors do consider the seriousness of the non-compliance issues, the number of transgressions and whether they were intentional when deciding what actions will be taken.
That response was a key reason North Mankato resident Dan Cline, who took part in the meeting via a conference call from California, made a motion against recommending the audit. It wasn’t likely auditors would do anything even if it did find the Port Authority wasn’t following state laws.
“I think that’s hogwash,” Cline said. “To me, there’s no accountability for the Port Authority. They can do anything they want.”
Bill Kozitza, the single Port Authority commissioner appointed to the committee, said he was confident that other commissioners would seriously consider the committee’s findings and recommendations.
“I think they will understand that this is a way we can improve ourselves,” Kozitza said.
The committee didn’t uncover anything that would justify paying for an audit, he added. And he doesn’t believe there is anything more to be discovered.
“This group has done as much or more than any outside agency would do,” he said.
The fifth committee member is Steve Mork, North Mankato’s finance director.
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| Post Number: 2
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Nose for News
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Posted on: Jan. 15 2004,12:39 am |
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Does this sound familar?
January 14th, 2004
Mankato group not following state law
Charter Commission has not met in three years
By Mathias Baden
Free Press Staff Writer
MANKATO — The Mankato Charter Commission didn’t follow the law.
The state requires groups that review charters, or constitutions, like Mankato’s to meet every year. “I don’t even know when was the last time they met,” City Manager Pat Hentges said. “We need to keep them active.”
A few years ago Judy Besemer, a justice of the peace and District 5 Court administrator, found a hole in the district court file on the Charter Commission, which began to oversee city operations in 1910 and recommends changes to the charter.
A charter commission can hear citizen challenges to the way the city is doing business, and can examine if the city is following its charter. It’s an independent body designed to keep city officials in check.
But apparently, checking on city officials hasn’t been a priority the last few years.
Even though the commission is required to meet each year and newly elected Chairwoman Malda Farnham swore the group had recently gotten together, the latest meeting on record — until the commission squeezed in the 2003 annual meeting last month — took place in June 2000.
“We didn’t intentionally not have those meetings,” City Attorney Eileen Wells said. “But we didn’t intentionally call one, because there was nothing to do. We’re not hiding anything. It’s really a non-issue.”
The state doesn’t penalize cities for commissions that don’t meet, so there is no “problem” with missing an annual meeting, Wells said.
“I don’t know that it’s breaking the law,” Wells said. “Typically, if you’re breaking the law, then there’s some consequences.”
Most of the commission’s functions are mundane. It hasn’t reworded the charter since 2000, City Clerk Cheryl Lindquist said.
Last month’s meeting consisted of listening to a description of the commission’s purpose, electing officers and setting the next meeting date for after the Minnesota Legislature ends. “It’s really not a dynamic committee,” Charter Commissioner Andy Johnson said.
But important changes to the charter come up about every 15 years, Johnson said.
The Charter Commission has made several changes to the charter including: mandating a seven-member City Council; setting assessment policies; and adding youth seats to city commissions. Its members even debated the possibility of merging Mankato and North Mankato into a single city.
Since the Charter Commission is independent of the city, the easiest way to ensure that it meets is for a citizen to propose a change to the charter. The commission must respond to proposals.
It can forward proposals to the City Council with recommendations.
If the council denies a recommendation, the commission can force an election on the issue. That seldom happens.
“The statutory requirement to meet every year probably flies in the face of logic,” said Bill Bassett, former city manager and commissioner. “You should meet when there’s a need to meet. If there isn’t an issue I wonder, why have the meeting?”
Sometimes, Wells added, “we meet annually just to have an annual meeting.”
By July 2003, more than half of the commissioners’ terms had expired. Neither Chief Judge Norbert Smith nor Mankato appointed new commissioners until last month.
Although the commission had enough active members to act on proposals, Besemer spent the last two years prodding Wells to turn in annual reports, or packets of meeting minutes, from the times the commission did meet.
“Nobody has cared a hoot about this darn file forever, it looks like,” Besemer said.
Wells told the commission last month she will turn in the commission’s annual report to Smith this year, but she hasn’t done that since 1991. “Many of the documents were never filed,” Besemer wrote in 2001 in a letter to the city attorney.
Several annual reports were still missing from the district court’s file when Besemer wrote a letter to Wells in October 2003, urging the Charter Commission to file appointments, written letters of acceptance and oaths of office for its members.
Wells insisted no meetings took place in 2001 or 2002.
Farnham said the group met, but she didn’t have the minutes. “I always throw them away — start fresh,” she said.
Charter Commission intended to oversee city government
What is a charter commission anyway?
To understand what a charter commission is, you must first know what is a charter city.
Mankato isn’t structured like most cities. Mankato follows a charter, somewhat of a constitution, rather than some state laws.
Mankato chose in 1910 to become a charter city and institute the commission to conduct independent reviews and recommend changes to the city’s governing document.
Charter cities are allowed to have City Councils like Mankato’s that are representative of different wards and have seven members, while statutory cities must have five-member councils.
The Charter Commission has made several changes to the charter, like:
• mandating a seven-member City Council;
• setting assessment policies;
• and adding youth seats to city commissions.
If a resident proposes a change to the charter, the Charter Commission must respond to the proposal. It can forward proposals to the City Council with recommendations.
If the council denies a recommendation, the commission can force an election on the issue.
— Mathias Baden
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Ole1kanobe 
Group: Members
Posts: 1360
Joined: Aug. 2003
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Posted on: Jan. 16 2004,1:02 am |
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Seems to be a common theme, at least in this part of the state.
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The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it.
-Albert Einstein-
Some of what is said here (myself included) is about as tolerable as listening to someone vacuum a cat.
-nphilbro-
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| Post Number: 4
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jimhanson
Group: Moderator
Posts: 8491
Joined: Aug. 2003
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Posted on: Jan. 16 2004,10:59 am |
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It even crossed the border to Mason City! Is it MAD BOARD disease? While localized in this area, it seems to be spreading. Can you get a shot to prevent it, or is the cure similar to MAD COW--quarantine, and eradication? 
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"If you want to anger a Conservative, tell him a lie. If you want to anger a LIBERAL, tell him the TRUTH!"
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CWolff
Unregistered
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Posted on: Jan. 16 2004,3:26 pm |
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Nosefornews, you will have to take the Board to civil court by yourself for Open Meeting Law violations. Each violation is punishable by a $300.00 fine for each violation, and the fine has to be paid by the individual and not from public funds. If the Board has committed more than three violations, then the Judge will remove the Board members from office. You may be able to recover up to $13,000.00 in attorney fees if you win your case. State Statute, chapter 13D deals with the Open Meeting Law.
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Montyman
Group: Members
Posts: 421
Joined: Dec. 2003
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Posted on: Jan. 16 2004,6:31 pm |
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If I was on a Board, I'd make everything part of a 'consent agenda' and vote once on everything without allowing any non-Board input. Just think how cheap publishing the minutes would be.
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Ignorant men raise questions that wise men answered a thousand years ago. Johann Wolfgang von Goethe
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minnow
Group: Members
Posts: 2243
Joined: Aug. 2003
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Posted on: Jan. 16 2004,6:39 pm |
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Why are you smiling?
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Montyman
Group: Members
Posts: 421
Joined: Dec. 2003
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Posted on: Jan. 16 2004,6:42 pm |
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Your avatar is.
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Ignorant men raise questions that wise men answered a thousand years ago. Johann Wolfgang von Goethe
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MADDOG
Group: Moderator
Posts: 7821
Joined: Aug. 2003
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Posted on: Jan. 17 2004,2:46 pm |
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Sounds way too familiar Ole1 and nose.
Phoned in votes, a needed audit of the Port Authority, 4-1 votes, businesses in arrears of rent/lease payments and taxes owed on property owned by the Port Authority, city officials aware of the arrears and not informing the council, and questionable conduct in violating Minnesota State Statutes. | Quote | | It even crossed the border to Mason City! Is it MAD BOARD disease? While localized in this area, it seems to be spreading. |
It's bad enough to have to tolerate this sickening disease our city/county has, but to infect other local municipalies.
Our only hope is that the state treats this as they would rabies. Distroy the infected "animal", cut out it's brain, and sent it to the state for testing.
Cwulff, here's the statutes: 13D Here's the ten page information briefing of the Minnesota House, revised August, 2003. open meeting law
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Actually my wife is especially happy when my google check arrives each month. Thanks to douchbags like you, I get paid just for getting you worked up. -Liberal
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Montyman
Group: Members
Posts: 421
Joined: Dec. 2003
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Posted on: Jan. 17 2004,5:33 pm |
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The State of MN already has too much involvement at the local level.
Same way with the Feds at the State level.
There is no such thing as States Rights or 'local rights' anywhere.
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Ignorant men raise questions that wise men answered a thousand years ago. Johann Wolfgang von Goethe
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