HomeMy WebLinkAbout19980423 Charter AgendaMEMORANDUM
TO: Charter Commission Members
FROM: Dave Osberg, City Administrator
DATE: April 16, 1998
SUB]ECT: Charter Commission Meeting
A meeting of the Hasting Charter Commission is scheduled for Thursday Apri123,
1998 at 7:00 PM in the Community Room at the Hastings City Hall. An agenda for
the meeting is as follows:
I. Call to Order and Determination of a Quorum
II. Approval of minutes of the February 19, 1998 Meeting
III. Unfinished Business
a.) Chapter V, Taxation and Finance
N. New Business
a.} Chapter II, Nominations and Elections
V. Adjournment ~ ~c~' m~'i nq "1 ~2~ } Q~ ~ -L "~t.n~, 6~,~D ~~'• ~~
1 have enclosed several attachments for the Charter Commission to review at Uthe
meeting on Thursday Apri123, 1998:
A.) Minutes from the February i9, 1998 meeting
B.) Chapter V, Taxation and Finance from the existing City Charter.
C.) The same draft of Chapter V, Taxation and Finance from the City Charter
that was prepared by Staff and reviewed by the Charter Commission at the
meeting on February 19, 1998. This is the draft that had changes underlined
and struck from the original, current section of the City Charter.
D.} A "clean" draft of the proposed new Chapter V, Taxation and Finance from
the City Charter. This draft incorporates several of the changes discussed by
the Charter Commission at the meeting on February 19, 1998 as well as
subsequent changes I have made, after further discussions with Finance
Director Lori Webster and City Attorney Shawn Moynihan. Once this
draft is reviewed by the Charter Commission, and any changes made,
I will then have the City Attorney prepare the necessary Resolution for the
Charter Commission to adopt at its next meeting, currently scheduled for
July 23, 199$, and then present to the City Council for approval at a meeting
in August.
E.) Chapter II, Nominations and Elections, from the City Charter is enclosed
for review and discussion by the Charter Commission at the meeting on
April 23, 1998. At the last meeting, it was agreed the Charter
Commission would review a different section of the City Charter at each
meeting, to determine if any changes are warranted, and to gain a better
understanding of the complete City Charter.
Please feel free to contact me if you should have questions or will be unable to attend
the next meeting of the Charter Commission scheduled for Thursday Apri123, 1998
at 7:00 PM.
M. Osberg
City
cc. Joyce I~~~~inger, City Clerk
Lori ebster, Finance Director
Shawn Moynihan, City Attorney
G~RREJVTGs~f/RTER
SECTION 2.04. PRIMARY ELECTIONS. On the first Tuesday after the
second Monday in September preceding any general City election or on the third
Tuesday preceding any special election held for the purpose of election of City
officials, an election of nominees hereinafter designated as the "primary election" shall
be held in each voting precinct for the selection of candidates for all elective offices
within the City of Hastings to be filled at such ensuing election. A primary election
shall only be called in the event that three {3} or more qualified persons ha~re filed for
the same ward council seat or the Mayor`s position. ~-~ ~® ~-~,-1~ ~1~x-~i~
~~at~ ~®~ ~ix~~ ~. ~~~am ~~~~ ~~.~ ~~ ~~~~ ~~ inn ~-~ ~~ ~~
~n~ ~~ ~t;ice ~tt~e~~ ~~~-t ~I~ ~~ ~ ~I~~~ ~- ~ ~hh~l~ ~ ~~~~ ~~ ~-
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~~~~. The City Clerk shall cause to be published in a newspaper of general
circulation, at least once, a notice of the primary election which shall state the time
and place of holding such election and of the officers to be elected at sand election. At
said primary election, there shall be nominated by the qualified electors of the City,
two candidates for each office to filled within the City at the next ensuing general or
special election.
SECTION 3.02. COUNCIL COMPOSITION AND ELECTION. The
Council shall be composed of a mayor and six members of the City Council, two of
whom shall be elected at large for a terzxt of four {4} years at the 19$6 City election.
One member of the Council shall be elected from each ward of the City for a term of
four (4) years at the 1988 City election ..............flll other provisions of Section
3.42 would remain the some, regardless of any changes in Council election procedures.
OPTION 2
SECTION 3.20. COUNCIL COMPOSITION AND ELECTION. The
Council shall be composed of a Mayor and six members of the City Councile-e€
~. The Ma or shall be elected at large for a term of four (4} years at the 1986
i election. One member of the Council shall be elected rr°m-°^~~ •_•~~~ Ward I and
Ward 2 and one shall be elected at
i lar e at the 2004 election. The initial term for the Cit Council seats for Ward I
,,
and Ward 2 shall be for two ears continuin throw h December 2006. Thereafter
the Cit Council seats in Ward I and Ward 2 shall be four 4 ears. In November f ,
2002, the City election shall include an At-large Seat A and an At-large Seat B. ~~~~~~
_. _ ~,
Candidates shall be required to specifically file for,one.of the at-Large Seats. The ~ P-
. , . ....
initial term for the at-Large seat A shall be for a period of two (2~years, continuing ~~
throw h December 2004. Thereafter the term for the at-lar e seat A shall be far
four(4) years. The term for at-large Seat B shall be for four (4).,years.
~~
OPTION I
SECTION 3.02. COUNCIL COMPOSITION AND ELECTION. The
Council shall be composed of a mayor and six members of the City Council,e-e€
One member of the City Council shall be elected from each ward of the City for a
term of four (4) years at the 198$ City election. Effective in the 2002 City election,
the at-Lame members of the Citv Council shall file for a suecifzc "seat A and seat $.
Candidates shall be required to specifically file for one of the at-Large seats. The
term of office far each at-large seat shall be four (4} .rte w .t{~~~
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~~
OPTION 3
SECTION 3.02. COUNCIL COMPOSITION AND ELECTION. The
Council shall be composed of a mayor and six members of the City Council,-t~s-e€
One member of the Council shall be elected from each ward of the City for a term of
four (4) years at the 1988 election. In November 2002, the City election shall
include an at-large Seat "A" and an At-large Seat "B". Candidates shall be required to
specifically file for one o~ the at-large Seats. The initial term for the At-large Seat A
shall be for a period of two L) years, continuing through December , 2004.
Thereafter, the term for the at Large Seat A shall. be for four (4) years. The term for
the at Large Seat B shall be for four (4) .'
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1
CHAPTER III
FORM OF GOVERNMENT
SECTION 3.01. FORM OF GOVERNMENT. The form of Government established
by this charter shall be lmown as the "Mayor-Council Plan". All legislative powers, all policy
malting powers, all executive powers and all admi-nistrative powers of the City of Hastings
shall vest in and be exercised by the City Council; provided, however, the City Council may,
by ordinance, delegate to an appointed city employee or employees, all or a portion of the
administrative functions and powers. Any city employee to whom administrative powers are
delegated shall however be responsible to the City Council in all respects and shall be
governed by the terms of this Charter or the ordinance by which administrative powers were
delegated to him or her. Further, the City Council may by ordinance create such
departments, divisions and bureaus far the administration of the Cit}~s affairs as it deems
necessary for efficient and responsive government, and from time to time may alter the
powers and organization of the same.
BOARDS AND COMMISSIONS. The City Council may establish. commissions or
boards to advise the Council with respect to any municipal function or activity, or to
investigate any subject -of interest to the City or to perform quasi }udicial functions. The
boards or commissions so created shall be created by the City Council by' ordinance, and any
board or commission so created maybe terminated by the City Council except those boards
or commissions that are specifically created by or pursuant to State or Federal Statutes, in
which case said board or commission maybe terminated in accordance with the applicable
State or Federal Statute.
SECTION 3.02. COUNCIL COMPOSITION AND ELECTION. The Council shall
be composed of a mayor and six members of the City Council; two of whom shall be elected
at large for a term of fowr (~) years at the 1986 City election. One member of the Council
shall be elected from each ward of the City for a term of four (4) years at the 1988 City
election. All of saki elective officers shall be qualified electors and residents in and of the
City of Hastings, and in the case of ward councilmembers, residents of the ward from which
they are elected. Candidates for ward Council seats shall be residents of the ward from
which they seek office for at least thirty (30) days prior to the primary election. Candidates
for at large Council seats shall be residents a~ the City for at least thirty (30) days prior to
the primary election. Councilmembers shall serve for a term of four (4) years and until
their successors are duly elected and qualified. The term of all elected officers shall begin
at the first regular meeting in 3anuary following a regular Municipal election and after
talflng the oath of office. T'he City Council shall be the judge of the election of the Mayor
and the Counci]members.
F
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SECTION 3.025. THE MAYOR. Notwithstanding -any provisions of this Charter to
the contrary,-beginning at the'•1986-general..city zleetion, .the..Mayor:shall:be-..elected -and
serve for a period of four (4) years and until his or her successor is duly elected and
qualified: The Mayor shall be a qualified elector and resident in and of the. City of Hastings
for at least thirty (~0) days prior to the primary election. The Mayor shall preside at
meetings of the Council and shall have a vote as a member. Likewise, the Mayor may act
as a member of the Council, make and second motionswhile presiding at Council meetings.
SECTION 3.03. VACANCIES IN THE OFFICES OF COUNCILPERSONS OR
MAYOR. A vacancy in the office of councilperson or Mayor shall be deemed to exist when
a person elected thereto shall fail qualify on or before the date of the second regular
meeting of the council after the beginning• of his or her term, ar by reason of the death,
resignation, removal from office, removal from the G~ty, or in the-case of a Councilpersdn, . .
removal from the ward from which elected, continuous absence from the City for more than .
three months, or conviction o£ a felony after his or her qualification, or by reason of failure
of any person so elected to perform his or her duties for a period of three months. The
Council shall by resolution determine when a vacancy occurs in the office of Mayor or
councilperson. When-a vacancy occurs in the G`ity Council, the City Council shall within
thirty {30} days appoint an eligible person to fill the same until the next regular municipal
election, when the office shall be filled by election for the unexpired term. Tf the Council
is not able to .appoint an~ eligible person within thirty {30) days, the Council shall call a
special election for the purpose of filling the vacancy for the balance of the unexpired term.
When a vacancy occurs in the office of Mayor, the Council, by a majority of its
complete membership, shall select one of the members of the Council to become Mayor -for
the balance of ~ the unexpired term. The councilperson so .selected may decline the
appointment. Upon the selection of a councilperson to become Mayor and upon his or her
acceptance of the of the position of Mayor, the Councl shall forthwith name the qualified
citizen to fill the vacancy in. the Council created by the appointment of the councilperson
to the position of Mayor. -The new councilperson shall -serve for the balance ~ of the
unexpired term of the councilperson replaced. If the Council is not able to select a Mayor,
the Council shall call a special election for the purpose of filling the position of Mayor for
the balance of the unexpired term.
SECTION 3.Q4. ACTING MAYOR. At the first regular Council meeting of the year
and at such other times as a majority of thezCouncil deems it appropriate, the Mayor shall
nominate a councilperson to serve as acting Mayor. The councilperson nominated shall
serve as acting Mayor only if their nomination is approved by a majority vote of the entire
Council including the councilperson nominated. If the councilperson. nominated by the
Mayor does not obtain the majority vote as required, then the at-large councilperson who
has been in the at-large office the longest time shall became the acting Mayor without
further vote of the Council. If both at-large councilpersons have the same tenure in that
office, the acting Mayor shall be determined by Iot from among the at-targe eouncilpersans.
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The acting Mayor shall serve as Mayor in case of the Mayor's disability or absence from'the -- -
city.
SECTION 3.45. DUTIES OF THE MAYOR IN GENERAL. The Mayor shall be
the presiding officer of the City Council,, provided that at the first regular Council meeting
of the year following the general municipal election, the Council shall choose from its
members an acting mayor as provided in section 3.04. The Mayor shall exercise all powers
and performs all duties conferred and imposed upon the Mayor by this Charter, by city
Ordinances, and by laws of the State of Minnesota, and the United States of America. The
Mayor shall be recognized as the official head of the City for all ceremonial purposes, by
the courts for the purpose of serving civil process, and by the Governor for the purpose of
martial law. In time of declared public emergency, the Mayor may, with the consent of the
Council, take command of the police, maintain order and enforce the law. -
The Mayor shall have a vote as a member of the Council. The Mayor shall sign all
warrants and orders drawn upon the City Treasurer as well as all bonds, obligations and
contracts on behalf of the City, unless otherwise provided for in this Charter. Provided,
however, that the City may make disbursements of funds by an -electronic funds transfer
when authorized by the Mayor, or in the Mayor's absence the acting Mayor, and the City
Administrator or City Clerk duly authorized by the Council,
SECTION 3.Ob. 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 Ponce 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 e~ty 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.
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SECTION 3.07, MAYOR AND COUNCIL COMPENSATION-MAYOR ~-
CONTINGENCY EXPENSE FUND. The Mayor and Councilmembers shall receive such - -
compensation as established in accordance with the Minnesota Statutes. In addition, the
Mayor shall also have placed at his or her disposal, a contingency expense fund in an
amount to be established by the City as a part of the annual budget adoption process. The
Council may increase the Mayor's or Councilmembers' compensation but any increase so
determined shall not be effective until after the next succeeding General Municipal election.
Any increase shall be accomplished by ordinance.
SECTION 3.08. INTERIM NESTIGATION, STUDY AND POLICY
COMMITTEES.- The Council by a majority vote, or the Mayor, shall have the power to
make investigations into all City affairs, to subpoena witnesses, to administer oaths, to
compel the production of books and papers, and to demand reports from department heads
on their respective departments' operations. The Council shall provide for a annual audit
of all funds, books and accounts of the City to be conducted by the Auditor of the State of
Minnesota or by a reliable Certified Public Accountant. In addition, the Council may at any
time provide for an examination or audit of the accounts of any officer or department of the
City Government.
The Mayor may appoint Council. and/or citizen committees to study specific issues.
SECTION 3.D9. COUNCIL GONIlViTI TEES. The Council mayby ordinance, establish
committees of the Council and shall set forth the duties of the committees. Said ordinance
shall establish a procedure for appointment of council members to serve on the respective
committees, which ordinance shall provide for appointment to the committees by the Mayor,
subject to council approval. The size of each committee shall be established by ordinance,
but to no event, shall the size of each committee constitute a majority of the City Council.
SECTION 3.10. THE CITY ADMII~IISTRATOR. The City Administrator shall be the
chief administrative officer of the City. The City Administrator shall be ~ chosen by the
council solely on the basis of their training, experience, executive and administrative
qualifications. The City Administrator shall be appointed for an indefinite term and may
be removed at any time by an affirmative vote of a majority of the entire council. But after
the City Administrator has served as Administrator for one year, the City Administrator may
demand written charges and a public hearing on the charges before the council prior to the
date when the City Administrator's final removal takes effect. After the hearing, if one is
demanded, the council shall have unlimited discretion either to reinstate the Administrator
or make the City Administrator's removal final. Pending the hearing and removal, the
council may suspend the Administrator from office. A majority of the entire council may
designate some properly qualified person to perform the duties of the Administrator during
the City Admixustrator's absence, or disability or while the office is vacant.
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SECTION 3.I1. 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. n ~ ~~~~~~~
' ~ ~' ~
Subdivision 3. The City Administrator shall appoint and remove upon the basis of merit ~~ ~`~yV Q ~~
and/or fitness alone, all employees of the City, other than- employees of the Police a ~~~_
Department, except that the City Administrator shall receive council approval to either ~ y
appoint or remove department heads and division heads established by either resolution br
ordinance. ~t,
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 qty Administrator, and
neither the Council nor any member thereof shall give orders #o 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.
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 S. 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 rriake 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 far the Police Chief, until the next
Council meeting when the Council shall affirm, modify or rescind the suspension. ,
Sb~division 10. The City Administrator shall perform such other duties as are prescribed by
charter or may be required by the council.
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