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Home My WebLink About20100405 - VII-1MEMORANDUM TO: Ilonorabie Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: April 1, X010 SUBJECT: Public Hearing on Proposed City Charter.Amendments RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action conducting a public hearing to receive comments on the proposed Charter Amendment, recommending changes in the Hastings City Charter, Section 3.06; Mayor and Law Enforcement and Section 3.11: Powers and Duties of the City Administrator. BACKGROUND At its xneeting on Wednesday March 10, 2010 the Charter Commission approved the attached "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." In addition, the City Council approved the fast reading of an Ordinance Amending the City Charter, Section 3906; Mayor-Law Enforcement and Section 3.11: Powers and Duties of the City Administrator. The City Council is aware that this change would remove the Mayor as the head of the Police Department, and place the Police Departrrzent under the direction of the City Administrator. No action is required, as the sole agenda item is to conduct the public hearing. The second reading of the Ordinance is scheduled for April 19, 2010. David M. Osberg City Administrator City of Hastings Charter Resolution No. 2Q1fl-131 Resolution of the Charter Commission of the City of Hastings Recommending Changes in the Has#ings City Charter Section 3.fl6: Mayor-Law Enforcement and Section 3,11: Powers attc[ Duties Of tl~e City Administrator and Recommending these Amendments be Enacted by Ordinance of the Hastings City Council Date: March 10, 2010 Conunissioner Jauquet urtroduced the follo~~-ing resolution and moved its adoption: Whereas, the present Hastings City- Charter Section 3.06: Ma~-or-Lair Enforcement pro~;-ides Chat "the Chief of Police shall be accountable to the I4Ia~-or for the administration, efficienc~•, effectiveness and discipline of the police department and the deplo~-nient of police department personnel''; and Whereas, the present Hastings Cit<- Charter Section 3.1p; The City- Ad~ninistratar and Section 3.I l; Po~~-ers and Duties of the Cite- Administrator provide that the Cit_~• Administrator "shall be the chief administrative officer of the Cite" and `'shall be responsible to the council for the administration of the Citt-'s affairs'' and `shall elercise control over all departments and divisions of the Cite Administration created b~- this charter or by the council, except the police department"; and Whereas, the Charter Conunission has met on Januar<- I3, 2010: Februart- 3, 2010; February- 2~; 2010: and March 10, 2010 to discuss this issue; and Whereas, at the meeting of Febnaan- ;, Ibla~-or Paul J. Hicks and City- Administrator David M. Osberg attended and provided support far a charter amendment, and at the meeting of March 10, 2011}, Police Chief 1~Iichael C. IVIcMenomy- and Police Civil Service Conunission Chair Joseph Dre~Ier attended and provided support for a ch~uter 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 nilrket review- (Z~~hich are cities in the seven count~• metro with a population bet«-een 1 ~,p00 - 35.0(10 and tvho report sai~ries in the League of IVlinnesota Cities' salon- report}, none hate a ma_i-or ~iho is the head of the Police Department: and Whereas, the stnlcture of the ma~~or as head of the police department is unique and upon review by the Charter Commission, the Charter Commission has determined that the current Ch~u-ter Section 3.06: Mai or-La~~- Enforcement should be changed to more accurately- reflect the professional operations of the police department and cit<- administration; and Whereas, the Citi- has the position of City Administrator, ~i-laich 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 CitS-'s affairs: and Whereas, the Cit_<~ Council retains the right to appoint and remo~-e all department heads and the change supported b~~ the Charter Commission ~t-ould result in a police chief being appointed and removed bj~ the City- Council. NOW, THEREFORE BE IT RESOLVED BY THE H~~STINGS CH:~RTER COtiIiVTISSION AS FOLLOWS: The Hastings Charter Conu-nission recommends that the Hastngs Home Rule Charter, Section ~.E)6:11~~1a~-or-La«- Enforcement and Section .i.11-Pon-ers and Duties of the Cit~- Administrator be amended as shal~n on the attached Elhibit A. The Hastings Charter Cazrunission fiirther reconuaaends that the Hastings City- Council adopt this charter amendment b~• ordinance in the manner provided b~ ll-linnesota StEatlzte 5~l10.1?, Subd. 7. . The Hastings Charter Commission fi~rther reconlznends that the Hastings City Council form an advisory policz~ commission Conunissioner Hoeschen made a second to the foregoing rzsolution. A~ es: Braucks, Hoeschen, Hoizem, Jauquet. Jonas, I~nalc, O'Donnell, Olson and Vaughan Na~~s: None Absent: BlasinQ Whereupon, the Chair declared the resolution to be dull- passed. Hastings Charter Commission 14Ia1-lc Vaughan, Chair Attest: Melanie 11~iesko Loo Cite Clerk ORDINANCE NO. 2410- ,THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS. MINNESOTA AMENDING THE CITY CHARTER SECTION ~.OC: MAYOR-LAW ENFORCEIvfENT AND SECTION 3-11: POWERS AND DUTIES OF THE CITY ADMINISTRATOR EE IT ORDAINED b~- the City- Council of tlae City- of Hastings as follotrs: Hastings City Charter Sections 3AG and 3.1I slfall be amended as follows: l~r-#~~I~~st~ie~ r~:~:~c°c-~iniiss-ie~A~~ art, A~f.,v-,-..- .,t,.,~~ t„ -Ft,~, ., „+:'.,,..,,,+~,n'-~ek: t,.- +t,~ un,.+:.,n., o,.t:n~ r:..;t co,4.-;n~ r'n ......:....:..t~ttle~ _rn,~ r't,;u~ „+ n.,t;.,, ~t,.,tt t,~ ., „+.,tit +n +t $Ff l}$k~~c~SBnn~~3oii~c, ~Elc~3~r'-F-ci'xi~t-6~tttG ~~rrc't`s~Hib i"tc~ri-=uc b Al--~}1~E)1;,•,r~,7 +.. +1, „I; •1~, •, cn~~k2~-1}° ~1;~.~.7 ,.] 5 _ o i'~'r"u~ vt/E:i, t9~c`tG~i-itt~~tB-c'tEl~'35~--~1i 1}t'1•t~f~~13;v cr'uil, •,,-cam SECTION 3.11 Powers and Duties of the City Administrator ,S2rGdrvisiolz I. The City- Administrator shall be responsible to the council for the administration of the Cit~-'s affairs and shall 1>a~ e the po«-ers and ditties set forth iu the fol[o~~~irta subdivkstons: ,SarGdrvi.siol~ ?. The Citj- Administrator shall sc~; that this charter and the laws, ordinances and resohrtians of the City are enfarcecl. ,52rGc2'Ivl.sTnn 3. The Citj- Administrator shall appoint and remove upon the basis of ktterit and/at- fitness alone- 111 enrplo~-ees of the Cite, ^r;=n~~-~~+i,~ ~~~:.,~ r~,,,.,,~r,,, ,r, ezcept that the Cite Administrator shall recei~-e council approval to either appoittt or remove department heads and division heads established bi-either resolution or ordinance. .S2r1x1ivi.sk~27 -~. The Cits- Administrator shall etercise control o~~er all departments and divisions of the Cit` Administration created bi this charter or b~- the cotkncil, ~~e~}~~tk:~l~~c~~}~atrt. Etcept for the purpose of incluit-~- the Council and its members shall deal n~ith and control the adrnitkistrati~e sek-~~ices solely- through the C'its- Adulinistrator-. and neither the Council nor any member thereof shall gi~-e orders to anS- subordinates of the City- Administrator either publicly or privately . ,52117CjIl'l.SI011 J. The C'it~ Administrator shall attend a[1 meetings of the council and mad- take part in discussion but not vote. .StrGdivi,tinn 6. The City Administrator shall reconunend to the council for adoption such measures as he ar she deems necessan-~~for the «elfare of the people and the efficient administration of the Cit~-'s affairs. .Subclivisir1n 7. The City- Administrator shall keep the council fii11~- ad~~ised on the financial condition and needs of the Cit}~, and shall prepaee and submit to the council and annual budget and capital program. SuGct'ivision 8. The City Administrator sha[1 submit to the council and make a~-ailable to the public a complete report on the finances Ind administrati~~e acti~~ities of the City- at the end of each fiscal ~•ear. ,Su6c~ivision 9. The CitS~ Administrator shall ~nalce recommendations for terminating and suspending Depan~#nnent heads and Di~~ision heads, et. "gym=--F~;.,~~ and may- suspenc[ an~~ Department head ar Di~-isian head. e~-^°"* ~^~~ *'~ ~ °^'~^ ~ f''3ii~`, until the nest Council meeting «lien the Council shall affirm, modifi- or rescind the suspension. ,Sarbclivisian 1 ~). The Cite Administrator shall perform such other duties as are prescribed b~ charter or mati~ be required b~-the council. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED. THIS ORDINANCE AND CHARTER ANIENDNIENT SHALL BECOME EFI+ECTIVE 90 DAYS AFTER PASSAGC AND PUBLICATION. ADOPTED bti~ the Hastings City Council on this da~~ of , 2(1 ATTEST: Paul J. Hicks. Ma~~or Melanie Meslco Lee. City' Clerk (Citi~ Seal) I HEREBI' CERTIFY that the aUoi e is a tide and correct copy of an ardui~unce presented to and adopted b1~ the Cih~ of Hastings. Gonnh of Dakota, Minnesota. on tine da~~ of . 2(E . as disclosed bs~ the records of the Cih of Hastings on file and of record in the office. Melanie Mesko Lec, Cih~ Clerl~ (SEAL)