Nov 14, 2008 - 04:05:27 CST
When citizens go to the polls and decide something, you should be able to take the result as gospel.Mandan voters during the general election cast more than 5,000 votes in support of an electric door ordinance. The no vote was about 3,500. It was a strong majority.
The idea put forward by Francis Herauf of Mandan and the people signing the petitions was to require electric doors in buildings which received city tax dollars. Key phrase:"has received."
In the aftermath of the vote, city officials began asking questions about whether the ordinance applied to past and existing projects, how far back did "has received" go, and how can the initiated ordinance be changed? The Mandan City Commission will take up the conversation again on Tuesday.
First off, the city commission needs to keep faith with those 5,000 citizens who voted yes. Does that mean the city commission shouldn't change the ordinance?
No.
The city commission, if the need is there, should establish clear terms for accomplishing the original intent of the measure. Further, the city commission, based on the strong vote, should do what it can to help businesses come into compliance with the ordinance. That might include grants and loans, special assessments or other tools. After all, businesses that do not comply and have already accepted city money and done remodeling, may not be in a position to install the necessary equipment.
And it seems reasonable that the city commission establish deadlines for compliance that keep faith with the initiated measure. These deadlines should be such that they get the job done without punishing businesses.
One of the things about the passage of referral and initiated measures is that they come into play when governments fail to listen to citizens. They are an extreme form of the idea of checks and balances. And typically, even after passage, governments can be slow to become believers. In recent years, Mandan has seen several referral efforts fail, and the members of the city commission have lauded the citizens on those votes. They should do the same for this initiated measure.
Making business in Mandan handicapped accessible seems like an achievable and intelligent thing to do, with or without the initiated measure. And in truth, the people of Mandan should be proud of themselves and their neighbors for moving the city in this direction.
The Mandan City Commission should do what it needs to do and keep the faith with the citizens who voted for the initiated measure.

Susan Beehler wrote on Nov 15, 2008 6:13 AM:
States a definition of a meeting: "Meeting" includes work sessions, but does not include chance or social gatherings where public business is not considered and does not include the attendance of members of a governing body at
meetings of any national, regional, or state association to which the
public entity, the governing body, or individual members belong.
Public business was discussed with two members of a governing I will wait for the AG opinion but from reading the above and other AG opinions, I believe it was a meeting and the issue was on whether this was a meeting not if it was a quorum, two different definitions. "
Susan Beehler wrote on Nov 15, 2008 6:08 AM:
To Susan wrote on Nov 14, 2008 2:43 PM:
This measure is not enforceable. You can't retroactively make businesses pay thousands of dollars. That was not part of the original contract. This is like a measure passing saying that everyone who rode the bus in the past has to pay an addition fee. You can't unilaterally change the rules after the game has been played. "
jeff wrote on Nov 14, 2008 2:11 PM:
Meeting means any gathering of a quorum of the members of a governing body of a public entity re-
garding public business, and includes: committees and subcommittees, informal gatherings or work
sessions, and discussions where a quorum of members are participating by phone, either at the same
time or in a series of individual phone conversations. If a governing body delegates any authority to two or more people, the newly formed committee is also subject to the open records and meetings laws.
Would a quorum be three members being it takes at least three commissioners to call a meeting and conduct official business?I was at the last commission meeting and I don't recall the commission appointing or giving any two members the right to decide anything. What am I missing? "
sunshine law wrote on Nov 14, 2008 1:57 PM:
Daycare Mom wrote on Nov 14, 2008 1:17 PM:
babyt wrote on Nov 14, 2008 12:48 PM:
Susan Beehler wrote on Nov 14, 2008 11:47 AM:
jeff wrote on Nov 14, 2008 11:21 AM:
confusion wrote on Nov 14, 2008 9:25 AM:
Susan Beehler wrote on Nov 14, 2008 8:38 AM:
just me wrote on Nov 14, 2008 7:11 AM:
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