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File #: CCI 19-3    Version: 1
Type: Charter Commission Items Status: Archived
In control: Charter Commission
Final action: 2/11/2019
Title: Recommending the amendment to Chapter 6.03.1 of the Saint Paul Charter pertaining to the imposition of civil penalties for violations of city ordinances.
Attachments: 1. RES 18-1962 with attachment
Title
Recommending the amendment to Chapter 6.03.1 of the Saint Paul Charter pertaining to the imposition of civil penalties for violations of city ordinances.

Body
WHEREAS, the City of Saint Paul would like the ability to implement an ordinance that provides a civil penalty for appropriate violations of city ordinances; and

WHEREAS, the City believes that civil penalties will assist in reaching compliance goals in a timely, consistent and appropriate manner, and

WHEREAS, all changes to the City Charter must be recommended by the Saint Paul Charter Commission, and

WHEREAS, the Saint Paul City Council by RES 18-1962 requests the Saint Paul Charter Commission to approve the following propsed changes to Chapter 6.03.1

Sec. 6.03.1 - Legislative ordinances

Subdivision 1. Every act of the council which defines, licenses, regulates, suppresses, prevents or prohibits any act, business or person, grants or modifies any franchise, imposes a civil penalty or punishment or is in any way an exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise provided in this Charter, such ordinances shall require an affirmative vote of at least four (4) members of the council.

Subdivision 2. The council shall have full power and authority to establish, enforce, alter, amend or repeal a procedure by ordinance to impose civil penalties for each violation of a city ordinance. This procedure must provide an opportunity to be heard by a neutral party.

NOW THEREFORE BE IT RESOLVED, the Saint Paul Charter Commission hereby recommends the following amendment to Chapter 6.03.1 of the Saint Paul Charter:

Sec. 6.03.1 - Legislative ordinances

Subdivision 1. Every act of the council which defines, licenses, regulates, suppresses, prevents or prohibits any act, business or person, grants or modifies any franchise, imposes a civil penalty or punishment or is in any way an exercise of legislative powers, shall be done by legislative ordina...

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Date NameDistrictOpinionCommentAction
2/11/2019 10:51 PMLuke Stultz Against So much for leaving public comments on this resolution as the City continues to delete them—at least 5 including mine. This shows that it's not about listening to constituents or doing what is in the benefit of the public. It's about corruption, back-door deals, and taking money from large trash companies. This City Council should be ashamed of themselves. Let's see how long this stays up. +3
2/11/2019 9:56 PMLuke Stultz Against Voting to charge people more money when they cannot afford to pay what is already illegally put on them (CORRUPT TRASH PROGRAM) is ridiculous. Amy Brendmoen does not represent the best interest for the low-income and impoverished people of Ward 5, but rather the interest of multi-million dollar out-of-state corporations. Putting forth this rule is to shut those of us up that are taking a stand. Adding financial penalties to those who are barely able to live in this city for not being able to pay for imposed services is inhumane. People like my neighbor shouldn't have to live for more than a year without water service because they can't afford it. People who have lived in their houses for 40+ years are being priced out so that Amy Brendmoen can get campaign donations. Instead of caring and doing something to help people, Amy Brendmoen pushes forward ordinances that benefit her and further punishes her constituents. How very Donald Trump of her this entire Council. Shame on you all. +4
2/11/2019 9:45 PMEric Lein (yet again) Against I realize that this proposed Charter amendment is aimed at much more than just citywide trash. That said, I believe that this proposal takes the City in the wrong direction. Given the oppressive garbage-related anti-consumer "mistakes" created by City/Hauler garbage negotiators, today's brand new trash program provides an excellent example of why "civil penalties for violations of city ordinances" are a BAD IDEA. Unfortunately, we citizens cannot trust our elected representatives, or city staff, to exercise their fiduciary duty -- duty which, I believe, is owed to citizens......not to private companies (e.g., trash haulers, etc.). +5
2/11/2019 8:39 PManonymous Against Please vote against this amendment to the city charter. Civil disobedience is warranted at times, especially regarding the ill-advised and ill-conceived trash program. Trying to force people to pay extra for unnecessary and unwanted trash carts is ridiculous. This program doesn't take individual needs into account. City council members have been unable to address or alleviate concerns of many taxpayers who are being overcharged and are receiving poor service with no recourse due to the monopoly. +6
2/11/2019 7:48 PMBruce Becker Against I strongly oppose any penalties for compliance regarding the payment of the citywide garbage system. This system was implemented without fair and upfront disclosure regarding costs. It favors the trash haulers while harming the citizens; why harm them further? +8
2/11/2019 7:21 PMDave B (St Paul) Against Odd our Mayor signed off on this while telling the Library fines just make people feel bad. City Council just wants to hammer us into compliance with their flawed trash program. Pls vote no. +8
2/11/2019 6:14 PManonymous Against Please do not change the charter to stifle civil disobedience, aimed at the over 5000 petitioners, and many other St Paul residents, who do not support the ill-thought-out thrash plan. How about truly building community by enlisting active community members who oppose the plan as written, and listening to why so many issues of this thrash plan have been rejected by so many St. Paul residents? Admitting errors in this plan is not a bad thing, and would serve the City and all of its residents well. Imposing more fines and penalties for "civil disobedience" is NOT the answer. This plan has many drawbacks that need to be addresses with those providers you contracted with. Instead of the overkill of threats and penalties, I strongly suggest that those who do not support it should not be put in a category that will stifle dissent, but rather be used as a resource to fix what is broken. You have no right to stifle free speech. Nor do I believe you should subvert the ordinance as it is now. +8
2/11/2019 4:03 PMAnonymous (additional) Against There are those who aren’t paying the new trash service invoices. There are those who are active in the St. Paul Trash referendum work. All have angered the Council to the degree that NOW the Council sees a need to silence the resistance. The Council knows that if the referendum is successful, their trash policy, and all the fines and penalties, and all the additional charges on your property taxes related to the trash ordinance GO AWAY. Today, the Council seeks the Charter Commission to partner with it to silence the trash resistors. Who will it seek to silence tomorrow? +13 -1
2/11/2019 3:32 PMAnonymous Against Going back to the founding of the City of St. Paul in 1854, the City Council has never found it necessary to ask for a change to the City Charter to punish acts of Civil Disobedience. For 165 years, the country, along with St. Paul, has been through two World Wars, a Depression, major labor unrest during the trucker's strike of the 30's, protests here and around the country over Vietnam, Civil rights protests, the turmoil around the 2008 Republican National Convention, and so on. However, NOW, the fearful Council decides it needs the Charter Commission to grant it iron fist authority to impose fines and penalties on those protesting its ordinances. What is this issue that causes the Council to tremble and to attempt to stifle dissent? It's the Mandatory Trash Collection Policy imposed on the residents of St. Paul. Does the Charter Commission stand for the people's right to peacefully challenge their government, or is the Commission a collaborator to deny citizens this right? +14 -1
2/11/2019 8:40 AMEric Lein (again) Against A fairly large number of city trash "customers" are refusing to pay for empty, unused and unnecessary trash carts that are mandated by the City's new garbage program. If the City's public works garbage department has its way, our civil disobedience (i.e., citizens' refusal to pay private haulers or the City for unconscionable charges) will be punished via levies on our property taxes. The recommended amendments to Chapter 6.03.1 of the City Charter say loud and clear, "CIVIL DISOBEDIENCE SHALL BE CRUSHED!" Please do NOT adopt these changes without first submitting the proposed amendment to all voters citywide. +10
2/11/2019 8:26 AMEric Lein Against St. Paul’s new trash collection scheme rewards customers who create more solid waste. Perversely, responsible stewards of the environment who create less waste for landfills and further the goals of the Waste Management Act are punished with higher rates for a service they do not need and cannot opt out of. The City granted itself authority to enforce payment for empty, unused & unnecessary trash carts via property tax levies. PLEASE DISCOURAGE THIS KIND OF UNCONSCIONABLE PUBLIC POLICY. Please do NOT adopt these proposed changes to the City Charter without a citywide vote. +11