Brainerd charter commission directs staff to draft language clarifying hiring authority and utility duties

The Brainerd Charter Commission voted Monday to direct city staff to draft proposed changes to the city charter that would codify the City Council’s interpretation of chapter 5, section 4 and clarify which body has hiring authority for public utilities employees.

The commission’s action followed a presentation from a city staff member identified in the meeting only as Nick, who summarized an Aug. 4 council resolution asking the commission to consider turning the council’s interpretation into charter language. Nick told commissioners, “If we understood the intent of this board, we could draft up something relatively quickly.” The commission approved a motion asking staff to return suggested language within 30 days.

Why it matters: Commissioners said the wording of section 4 has caused confusion about whether the word “employ” in the charter refers to hiring authority or to a broader set of duties. Clarifying that language could affect who formally hires and supervises public utilities employees and could shape the reporting structure for the utilities department. A subsequent council vote or a referendum would be required to make a final charter change; commissioners noted a council-approved charter amendment requires a 70% council vote or referral to the voters.

Discussion and next steps: Commissioners debated options ranging from leaving the charter unchanged to codifying the council’s interpretation or proposing more comprehensive chapter-five edits. Several members said staff should prepare draft language that references section 1 of chapter 5 to avoid duplicating or contradicting existing duties listed elsewhere in the charter. One commissioner noted the city council has already begun a hiring process for a public utilities director, adding urgency to the request for a relatively quick turnaround.

Separately, commissioners asked staff to consider whether sanitary sewer operations, including gravity lines, lift stations and force mains, should be consolidated under a single operational director. Nick said he discovered during his tenure that those assets are split across departments and called that arrangement “functionally inefficient.” He said staff would research the historical reasons for the split and include recommendations or context when returning proposed language.

What the commission approved: The commission’s motion directs staff to draft charter language that 1) codifies the council’s interpretation of chapter 5, section 4 (referencing chapter 5, section 1 as appropriate) and 2) propose options for consolidating sanitary functions under one director. The motion was amended on the floor so staff must return proposed language within 30 days; the motion passed by voice vote. The meeting did not record a roll-call tally; the commission’s action was by unanimous voice vote as recorded in the minutes.

Official documents referenced: The commission considered the text of chapter 5, section 4 of the Brainerd city charter and an Aug. 4 council resolution (both attached to the meeting packet). The staff presentation and meeting packet will be provided to commissioners for editing and review before the next meeting.

What’s next: Staff said it will draft suggested language and schedule a follow-up meeting within the requested 30-day window so the commission can review and either revise or approve a proposal to forward to the city council. The commission also asked staff to brief them on the history of prior decisions that split sanitary responsibilities among departments and to include that context with any proposed charter language.