HomeMy WebLinkAboutCharter Change to Council 20100311
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:
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.
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.
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);
11 have a Police Civil Service Commission
None have a Mayor that is head of the Police Department
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