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HomeMy WebLinkAbout20100315 - VIII-C-7 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: March 11, 2010 SUBJECT: City Charter Amendment RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the First Reading of the attached ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING THE CITY CHARTER SECTION 3.06: MAYOR-LAW ENFORCEMENT AND SECTIONS 3.11; POWERS AND DUTIES OF THE CITY ADMINISTRATOR, AND RECOMMENDING THESE AMENDMENTS BE ENACTED BY ORDINANCE OF THE HASTINGS CITY COUNCIL. Furthermore, it is recommended that the City Council take action scheduling a public hearing for April 5, 2010, with the second reading of the Ordinance scheduled for Monday April 19, 2010. CHARTER CHANGES REQUIRE A UNANIMOUS VOTE OF THE CITY COUNCIL. ONE VOTE IN OPPOSITION WILL DEFEAT THIS ACTION. BACKGROUND On Monday January 4, 2010 the Mayor, with the support of the City Council, asked that the newly established Charter Commission review the current provision of the City Charter, Section 3.06 Mayor: Law Enforcement, and research and discuss the possibility of amending that section of the City Charter, to remove the Mayor as the head of the Police Department and place under the direction of the City Administrator, like all other Departments in the City. At its meeting on Monday March 10, 2010 the Charter Commission, approved by a vote of 9-0 (one absent) , the attached “Resolution of the Charter Commission of the City of Hastings Recommending Changes in the Hastings Charter Section 3.06: Mayor-Law Enforcement and Recommending This Amendment by Enacted by Ordinance of the Hastings City Council.” As you will note in the attached Resolution, in the enabling portion: 1.)The Charter Commission recommends that the Hastings Home Rule Charter, Section 3.06: Mayor –Law Enforcement and Section 3.11-Powers and Duties of the City Administrator by amended as shown on the Attached Exhibit A. 2.)The Hastings Charter Commission further recommends that the Hastings City Council adopt this charter amendment by ordinance in the manner provided by Minnesota Statute #410.12 Subd. 7. 3.)The Charter Commission recommends the establishment of an Advisory Police Commission, once the existing Police Civil Service Commission is abolished Staff has shared throughout the last several months, information regarding other communities comparable to Hastings, and certain elements of the organizational structure, and in particular how it relates to the Police Department. Of the 33 communities Hastings may compare, (Twin Cities metropolitan area, with populations 15,000-35,000 who provide certain compensation information to the League of Minnesota Cities); a.)11 have a Police Civil Service Commission b.)None have a Mayor that is head of the Police Department c.)All have a Police Chief who reports directly to the City Administrator/City Manager. During the course of its deliberation, the Charter Commission heard from Mayor Hicks, Police Civil Service Commission Chair Joe Drexler, Police Chief Mike McMenomy, Assistant City Administrator Melanie Mesko Lee and me, regarding the support and recommendation to make the change, placing the Police Chief and Police Department under the same organizational structure as all other Departments in the City and place under the City Administrator. Considerable thought, “pros and cons” were discussed and lively debate was prevalent during the course of the meetings of the Charter Commission. The Public Safety Committee (Councilmembers Schultz, Nelson and Balsanek) also reviewed the concept at its most recent meeting on February 24, 2010 and are supportive of the change. The City Council is reminded that should the change be approved, there will be a ninety day waiting period following the final adoption and publication before it is fully implemented to allow for the opportunity for the submission of a valid petition, requesting that the item be placed on the general election ballot. In addition, if implemented, the Mayor and City Council will remain responsible for the hiring of the Police Chief. David M. Osberg City Administrator City of Hastings Charter Resolution No. 2010-01 Resolution of the Charter Commission of the City of Hastings Recommending Changes in the Hastings City Charter Section 3.06: Mayor-Law Enforcement and Section 3.11: Powers and Duties Of the City Administrator and Recommending these Amendments be Enacted by Ordinance of the Hastings City Council Date: March 10, 2010 Commissioner Jauquet introduced the following resolution and moved its adoption: Whereas, the present Hastings City Charter Section 3.06: Mayor-Law Enforcement provides that “the Chief of Police shall be accountable to the Mayor for the administration, efficiency, effectiveness and discipline of the police department and the deployment of police department personnel”; and Whereas, the present Hastings City Charter Section 3.10: The City Administrator and Section 3.11: Powers and Duties of the City Administrator provide that the City Administrator “shall be the chief administrative officer of the City” and “shall be responsible to the council for the administration of the City's affairs” and “shall exercise control over all departments and divisions of the City Administration created by this charter or by the council, except the police department”; and Whereas , the Charter Commission has met on January 13, 2010; February 3, 2010; February 25; 2010; and March 10, 2010 to discuss this issue; and Whereas , at the meeting of February 3, Mayor Paul J. Hicks and City Administrator David M. Osberg attended and provided support for a charter amendment, and at the meeting of March 10, 2010, Police Chief Michael C. McMenomy and Police Civil Service Commission Chair Joseph Drexler attended and provided support for a charter amendment; and Whereas, according to the League of Minnesota Cities, a local government membership organization that provides advocacy, education and training to local governments, of the 33 communities the City compares itself to for compensation market review (which are cities in the seven county metro with a population between 15,000 – 35,000 and who report salaries in the League of Minnesota Cities’ salary report), none have a mayor who is the head of the Police Department; and Whereas¸ thestructure of the mayor as head of the police department is unique and upon review by the Charter Commission, the Charter Commission has determined that the current Charter Section 3.06: Mayor-Law Enforcement should be changed to more accurately reflect the professional operations of the police department and city administration; and Whereas, the City has the position of City Administrator, which is a professional position hired on the basis of their training, experience and executive and administrative qualifications and is responsible to the Council for the administration of the City’s affairs; and Whereas, the City Council retains the right to appoint and remove all department heads and the change supported by the Charter Commission would result in a police chief being appointed and removed by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE HASTINGS CHARTER COMMISSION AS FOLLOWS: 1. The Hastings Charter Commission recommends that the Hastings Home Rule Charter, Section 3.06: Mayor-Law Enforcement and Section 3.11-Powers and Duties of the City Administrator be amended as shown on the attached Exhibit A. 2. The Hastings Charter Commission further recommends that the Hastings City Council adopt this charter amendment by ordinance in the manner provided by Minnesota Statute §410.12, Subd. 7. 3. The Hastings Charter Commission further recommends that the Hastings City Council form an advisory policy commission Commissioner Hoeschen made a second to the foregoing resolution. Ayes: Braucks, Hoeschen, Holzem, Jauquet, Jones, Knak, O’Donnell, Olson and Vaughan Nays: None Absent: Blasing Whereupon, the Chair declared the resolution to be duly passed. Hastings Charter Commission /s/ Mark Vaughan, Chair Attest: /s/ Melanie Mesko Lee City Clerk APPENDIX A ORDINANCE NO. 2010- , THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING THE CITY CHARTER SECTION 3.06: MAYOR-LAW ENFORCEMENT AND SECTION 3.11: POWERS AND DUTIES OF THE CITY ADMINISTRATOR BE IT ORDAINED by the City Council of the City of Hastings as follows: Hastings City Charter Sections 3.06 and 3.11 shall be amended as follows: SECTION 3.06 Mayor: Law Enforcement The Mayor shall appoint the Chief of Police, with the approval of the City Council, as so governed by the Hastings Police Civil Service Commission Rules. The Mayor shall be the appointing authority for purposes of appointment, promotion or dismissal, in consultation with the Chief of Police and as required by the Hastings Police Civil Service Commission Rules. The Chief of Police shall be accountable to the Mayor for the administration, efficiency, effectiveness and discipline of the police department and the deployment of police department personnel. The police department of the City of Hastings shall be administered and directed by the Chief of Police. The department shall be composed of the Chief of Police and such other number and rank of personnel as may be authorized and budgeted for by the City Council. All persons appointed or promoted to the police department shall be persons qualified and certified by the Hastings Police Civil Service Commission, in accordance with the ordinances of the City of Hastings and Minnesota State Statutes. The Mayor may appoint citizens, including city council members, to a committee to advise the Mayor on police department matters. The authority of the committee shall be advisory only. SECTION 3.11 Powers and Duties of the City Administrator Subdivision 1. The City Administrator shall be responsible to the council for the administration of the City's affairs and shall have the powers and duties set forth in the following subdivisions: Subdivision 2. The City Administrator shall see that this charter and the laws, ordinances and resolutions of the City are enforced. Subdivision 3. The City Administrator shall appoint and remove upon the basis of merit and/or fitness alone, all employees of the City, other than employees of the Police Department, except that the City Administrator shall receive council approval to either appoint or remove department heads and division heads established by either resolution or ordinance. Subdivision 4. The City Administrator shall exercise control over all departments and divisions of the City Administration created by this charter or by the council, except the police department. Except for the purpose of inquiry the Council and its members shall deal with and control the administrative services solely through the City Administrator, and neither the Council nor any member thereof shall give orders to any subordinates of the City Administrator either publicly or privately. Subdivision 5. The City Administrator shall attend all meetings of the council and may take part in discussion but not vote. APPENDIX A Subdivision 6. The City Administrator shall recommend to the council for adoption such measures as he or she deems necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 7. The City Administrator shall keep the council fully advised on the financial condition and needs of the City, and shall prepare and submit to the council and annual budget and capital program. Subdivision 8. The City Administrator shall submit to the council and make available to the public a complete report on the finances and administrative activities of the City at the end of each fiscal year. Subdivision 9. The City Administrator shall make recommendations for terminating and suspending Department heads and Division heads, except for the Police Chief, and may suspend any Department head or Division head, except for the Police Chief, until the next Council meeting when the Council shall affirm, modify or rescind the suspension. Subdivision 10. The City Administrator shall perform such other duties as are prescribed by charter or may be required by the council. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED. THIS ORDINANCE AND CHARTER AMENDMENT SHALL BECOME EFFECTIVE 90 DAYS AFTER PASSAGE AND PUBLICATION. ADOPTED by the Hastings City Council on this day of , 20 . _________________________________ Paul J. Hicks, Mayor ATTEST: ______________________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the day of , 20 , as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Melanie Mesko Lee, City Clerk (SEAL)