Charter Commission Meeting Date: September 10, 2026
To: Chair and Members of the Charter Commission
From: Ben Martig, City Administrator
Title
Consider Proposed Amendment to Charter Section 3.4 Incompatible Offices.
Body
Action Requested:
The Northfield Charter Commission is asked to consider a proposed amendment to Charter Section 3.4 Incompatible Offices.
Summary Report:
The Charter Commission is asked to consider amendments to Charter Section 3.4 Incompatible Offices. Section 3.4 currently restricts elected City officers from being employed by the City or holding another City office during their term and for one year following the expiration of their term. Exact wording is as follows:
Section 3.4. - Incompatible Offices.
An elected officer of the city may not be appointed administrator, hold any other city office nor be employed by the city in any other capacity for pay; nor for a period of one year after expiration of the officer's term of office, hold a city office nor be employed by the city for pay.
The City Administrator has identified this section of the Charter as an area that may not align with state statues and requested a review from the City Attorney. A City Attorney memo is attached (attachment 1) and identifies concerns with the current language and recommends it be amended. The City Attorney concludes that the one-year restriction on a former elected officer holding another City office is likely unconstitutional and recommends its removal. The memorandum also discusses potential concerns regarding the one-year waiting period for City employment and presents several options for the Charter Commission’s consideration.
The attached memorandum includes three draft amendment options:
A. Amend Section 3.4 to restate the applicable state law regarding employment restrictions.
B. Amend Section 3.4 to incorporate the applicable state law by reference.
C. Amend Section 3.4 to remove the restriction regarding holding another City office without addressing the employment restriction.
Those options are also attached separately in ordinance form (attachments 2-4). If the Charter Commission chooses to propose amendments to the City Council, it will be via a motion. However, the City Council will consider the amendment as an ordinance. Therefore, it is the practice to send the amendments in ordinance form to the Charter Commission while they are being reviewed and considered.
The Charter Commission is asked to review the attached memorandum and potential options and determine whether it wishes to pursue an amendment to Charter Section 3.4.
City Administrator Ben Martig will attend the meeting to present on the three proposed amendments. The presentation for all three items is attached.
City Plans & Policies Relevance:
N/A
Alternative Options:
Three options were provided by the City Attorney, as outlined in the summary report, but the Charter Commission may choose to pursue other options.
Financial Impacts:
N/A
Tentative Timelines:
• Discussion only for this meeting.
• The Charter Commission Chair Lindstroth will discuss process with the Charter Commission at the meeting.
For reference, staff has attached the City Attorney Memo outlining the process and timeline for Charter Commission amendments (attachment 5).