Good faith key to opening doors in Mandan

 
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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.
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Good faith key to opening doors in Mandan
Comments

Susan Beehler wrote on Nov 15, 2008 6:13 AM:

" To Jeff , you have quoted what a quorom is. P10 of the open meetings document.
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 To Susan, Where in the world does this say anything about being retroactive? This has nothing to do with my county run for office. Because I loss this election by 50 some votes, I am supposed to disappear? I had the opportunity to withdraw my request for the one of the two ag opinions which were ruled in the favor of the entities. I choose not to withdraw them, because the opinions can be used for future entities when they question whether a meeting is open are not or are in a similiar situation. As far as me costing the taxpayers tens of thousands, show me the money. The decisions of our city commission leaving the taxpayers in over $80 million dollars deserves taxpayer watchful eye. Worry about who is really racking up the $80 million taxpayers debt. "

To Susan wrote on Nov 14, 2008 2:43 PM:

" Please stop wasting the taxpayers money by filing this requests with the AG's office. In the past month two of your requests have been denied. You have personally cost the taxpayers tens of thousands of dollars to conduct these reviews. You lost in another bid for election. I understand you are disappointed, but please take a hint and stop wasting everyone else's money.

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:

" Susan, Thanks for your answers to my questions but I just looked at the NDAG's website and this is what it says about a meetings
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:

" according to previous rulings by the ag a meeting is when three or more commissioners are present. "

Daycare Mom wrote on Nov 14, 2008 1:17 PM:

" Just a question, Now that this has passed how will it effect Daycares for instance? Many are home businesses, not handicap accessible, but do recieve payment for services from the state for childcare for low income children. "

babyt wrote on Nov 14, 2008 12:48 PM:

" to confusion, I'm sorry, it is a private business, NO ONE, disabled or otherwise, has a 'right' to enter a private business. "

Susan Beehler wrote on Nov 14, 2008 11:47 AM:

" Hi! Jeff, when I refer to a closed meeting, I am referring to what appears to be a meeting held without giving proper notice, in other words it appears to violate our "sunshine laws"; open meeting and records laws under our North Dakota Century Code. When more than one member of commission are in attendance in the same location, private or public building and they start to discuss any public business, our Attorney General has stated this constitutes a meeting requiring public notice and falls under our sunshine law. To read more about our sunshine laws go to the Attorney General's website. Frank went to city hall and told the city of the accessibility issues he had and he wrote a letter to the editor. We submitted two petitions before the third was accepted. When submitting the first of the petitions it was turned over to the city administrator, he never contacted any of us submitting the petition. The former commission, one of them no longer on our commission actually laughed at Frank when he said he could not get around on the streets downtown. When I suggested to the commission they should apply for CBDG federal funding to address the accessibility this same commissioner said they couldn't. Basicly blew us off. Prior to the November 4, several citizens in wheelchairs and scooters came to city hall and stated accessibility issues again the city commission referred it to the City administrator to look into, he has not contacted any of them for follow up as far as I know. When those in wheelchairs and scooters left the meeting it took several city employees to try and get them out , the city elevator became stuck or mal- functioned and Frank was in it. "

jeff wrote on Nov 14, 2008 11:21 AM:

" Mrs. Beehler can you please explain to me what makes a meeting closed? Did the whole commission meet or how does that work?And can you also explain when the City was asked to address this and refused so I have a better understanding of what is going on? "

confusion wrote on Nov 14, 2008 9:25 AM:

" FACT: The disabled have EVERY right that an abled person has. No question. There shouldn't be any vote or debate. They have the right to go to every establishment that we do. There should be no confusion. Do what you gotta do to get it done. No matter the cost. "

Susan Beehler wrote on Nov 14, 2008 8:38 AM:

" Well said! A closed city meeting was held yesterday to discuss the rewriting of the newly passed ordinance, I have submitted a request for an attorney general opinion on the legality of holding such a meeting . I am asking the city for a notice of any of these future meetings. The city does not seem to understand not all businesses have to comply with this, only those receiving public monies. They are propagandizing even Jerry's vacuum will have to comply because he is a city commissioner and he gets public pay. Commissioner Jackson said it will cost Jerry a million dollars to comply. Is he joking? The city needs to meet with the committee; our intent is not to burden business owners they need to stop spreading a "fear" of doing the right thing and what voters supported. It is about accessibility and accountability when using our tax dollars. The ordinance does not call for automatic doors, ramps or other renovations as the city is trying to suggest it calls for electric doors. The ordinance was broadly written because the city of Mandan has been very lax in accessibility issues and refused to address the matter after being approached and still they are excluding the disabled by holding closed door meetings on the subject, as they did yesterday. "

just me wrote on Nov 14, 2008 7:11 AM:

" I believe in the intent of the measure. I had to cast a "no" vote because I saw the confusion in advance. hmm....saw it coming like a freight train. "

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