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HomeMy WebLinkAbout19990415 Charter MInutesMINUTES Charter Commission Meeting City of Hastings April 15, 1999 PRESENT: Terry Sieben Gene Sabaitis Connie Blasing ABSENT: Scott 5ydor Dan Greil GUEST; Dave Osberg, C Mary Hoffman Kevin Burke Dan Knak SOa.w 3ole~aa ity Administrator CALL TO ORDER AND bETERMINATION OF UORUM Chair Terry Sieben ca[[ed the meeting to order at 7:11 PM and declared a quorum present. APPROVAL OF MINUTES Moved by Blasing, seconded by Burke to approve the minutes of the ,lanuary 15, 1999 Charter Commission meeting. All voted in favor. UNFINISHE© $USINESS Moved by Blasing, seconded by Hof#man to ratify the change made by the City Council in Section 3.08 of the City Charter regarding interim investigations. The change reflects the action by the City Council that clarifies that it is a majority of the entire City Council, not simply a majority, that is necessary to the action regarding the conducting of interim investigations. All voted in favor. The Charter Commission reviewed Chapter VII of the City Charter. Moved by Blasing, seconded by Sabaitis, directing City Staff to review the section in the City Charter regarding ethics and gifts, to be certain it is consistent with the City's Pthics Ordinance and the State Statutes regarding ethics and gifts. All voted in favor. OTHER BUSINESS The Charter Commission agreed that the next meeting would be conduc#ed on Thursday October 21, 1999 at 7:00 PM ADJOURNMENT Moved by Blasing, seconded by Burke to adjourn the meeting at 7:45 PM. All voted in favor. SECTION 7.07. PRESENT OFFICERS TO CONTINUE IN OFFICE. The -present elected officials ol;the e~ty__ shall:continue~in.:their respective offices and ~fiinctions for the term which they were elected. SEC I ION 7.08. STATUTES NOT AFFECTED BY CHARTER.. All general laws ' and statutes of the State applicable to all cities operating under home rule charters, or . applicable to cities of the same class as the City of Hastings operating under home axle charters, and not inconsistent with the provisions of this charter,- shall apply to the City of Hastings and shall be construed as supplementary to the provisions of this charter. SECTION 7.09. EXISTING ORDINANCES CONTINUED. Ail ordinances and regulations of -the City in force when this charter takes effect and not inconsistent with the provisions hereof, are hereby continued in full force and effect until amended or repealed. , SECTION 7.1D. PENDING CONDEMNATIONS AND ASSESSMENTS. Any condemnation or assessment proceeding in progress when this charter takes effect shall be continued and completed under the laws under which such proceedings were begun. All Assessments made by the city prior to the time when this charter takes effect shall be collected and the lien thereof enforced in the same manner as if this charter had not been adopted_ SECTION 711.ORDINANCES TO MAKE CHARTER EFFECTIVE. The Council shall by ordinance make such regulations as may be necessary to carry out and make effective the previsions of this charter. SECTION 7.12_ Gl~ i'S AND GRATI~TiIES. Employees of the City in the course of or xn relation to their official duties shall not directly or indirectly receive or agree to receive any compensation, payment of expense, gift, reward, gratuity, favor, service, or promise of future employment or other future benefit from any source except the City for any activity related to the duties of the employee unless otherwise provided by law. However, acceptance of any of the following shall not be a violation of this section: {a) Gifts of only nominal value {b) Plaques ar similar mementos recognizing individual services in a field of specialty or to a charitable cause. SECTION 7.13. CONTRACTS. Except as otherwise permitted by law, no employee of the City who is authorized to take part in any manner in making any contract. on behalf of the City shall knowingly have a personal financial interest in or personally benefit financially front such contract. A violation of this section shall be grounds for termination of the employee. The offender maybe removed from employment after compliance with all required procedures for termination established by Federal law, State law, City Ordinance, anion contract or City personnel policy. _~_ I. Familiarize himself with alternate and supplemental sources of revenue, including but not limited to Federal and State aids, loans, grants and other sources of revenue, and prepare and submit proposals to the Council and other appropriate agencies of the City recommendations for actions necessary to fully take advantage of such sources. J. Personally maintain amicable relations with City employees and the public and promote such relations between the Council and its employees and constituents and adjoining and overlapping governmental entities. K. Recommend to the Council any other measures required for the efficient administration of City affairs and promotion of community welfare. Source; Ordinance No. 1, Second Series Effective Date: 9-~-73 L. Such other and further duties and responsibilities as maybe assigned to him by the Council, including some of those delegated to the City Clerk under City Code provisions. Source: Ordinance No. 76, Second Series Effective Date: 11-9-78 SEC. 2.81 CODE OF ETHICS Subd. 1. Definitions. As used in this ordinance, "Public Officials" shall mean only the following persons: (a} All persons elected to serve in any public office, or appointed to serve in any public office for the unexpired term of any person vacating said office. (b) All appointed Commissioners serving an City Commissions_ (c} City Administrator. (d} City Attorney and Assistant City Attarneys_ (e) All City Department Heads. (f) City Clerk. Subd.-2. Declaration of Palk The proper operation of democratic government requires that public officials be independent, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government, In recognition of these goals there is hereby established by this ordinance, A Code of Ethics. The purpose of this code is to establish ethical standards of conduct. The provisions and purpose of this code are hereby declared. to be in the best interest of the City of Hastings, Minnesota. 57 Subd. 3. Res onsibilities of Public Office. Public Officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States, the Constitution of Minnesota and to impartially carry out the Laws of the nation, state and the City of Hastings and thus foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern.. Their conduct in both their official and private affairs should be above reproach. Subd. 4. Dedicated Service. (a) All public officials of the City of Hastings should be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives. {b) Public Officials should not exceed their authority or break the law, or ask others to do so. They should work in full cooperation with other public officials unless prohibited from doing so by law. Subd. 5. Fair and E al Treatment. (a) No public official shall request or permit the use of-City owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or provided by municipal policy far the use of such public official in the conduct of official business. (b) No public official shall grant any special consideration, .treatment, or~advantage to any citizen beyond that which is available to every other citizen. Subd. 6. .Conflict of Interest. (a) No public official shall engage in any business or transaction or shall have a financial or other personal interest direct o.r indirect, which is incompatible with the proper discharge of their duties in the public interest or which impairs their independence of judgement or action in the performance of their official duties. This includes an interest arising from blood or marriage relationships, close business or political association. (b) The following acts, although not intended to be all inclusive, shall be deemed to be a conflict of interest: {1) Incompatible employment as provided by Minnesota Statutes. 58 {2) Use of confidential information, obtained as a result of public position, far personal gain. (3) Soliciting of personal gifts and favors by a public official. (~) Use of official position for personal gain. (5) Representation by a public official of private interests before City governmental agencies and participation in the profits from such representation. (6} Contracting with the City by a business in which a public official has a substantial or controlling interest. Subd. 7. Public Disclosure. (a) Not later than ninety (90) days after the date of this ordinance, each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form approved by the City Council by resolution and which must contain,. at a minimum, the following information: (1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with or in the City of Hastings, in which said public official is connected thereto as an employee, owner, director, officer, adviser or consultant, or in which said public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan. (2) A description of all parcels of real property, other than property occupied by said public official as a personal residence, in which said public official has any interest, including the right to occupy any such property_ (3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be considered an interest of said public official for purposes of filing the statement required. (b} Each person who becomes a public offical shall within thirty (30) days after assuming such office or position, file a public disclosure required by this subdivision. (c) Within ninety (90) days after each anniversary date of-the initial filing, all public officials shall file a new sworn statement as required by this subdivision. 59 (d) This ordinance shall not be construed to require the filing of any information relating to any person's connection with any professional society or any charitable, relegious, social, fraternal, recreational, civil or political organization or any similar organization not conducted as a business enterprise. (e) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall furnish each such person with a copy of this ordinance and the required statement form. The City Administrator shall inform the City Council when any person, who is required to file a statement, fails to file said statement in a timely manner. Source: Ordinance 263, Second Series Effective: 12-8-89 (Sections 2.82 through 2.98, inclusive, reserved for future expansion) SEC. 2.99. VIOLATION A MTSbEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is~thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. source: City Code Effective Date: 9-1-73 60 ~tcmnt, tucfrrs, povt~es, ~trrlt~s a7i.s9s 1175 meat is immediately terminated er di ne districthas no further rights to employment while serving as a school board memo History: 1961 c 651 s~ ,s 965979 ~ 20 s~' 1986 399~art 2 ~ 38110,31956 c 400 s 1977 c 55 s 1-3; 1978 c 65 380; 1956 c 444; 1 Sp1986 1996 c 47~ar-t9118 65 s 1,2; 1992 c 380 s 7; 1992 c 52 s 42,43; 1993 c 224 art 9 s 43, 471.881 EXCEPTIO oSided in sect`an 40711.$$ shall apply notwithstanding the provisions The exceptions p of any other statute or city charter. History: 1967 c 1S .r 1 471.89 CONTRACT, WHEN VOiD. Subdivision 1. Procedure faeldOw~d•rescribed by subdi~visionst2s nd 3~s follow~,dub- division S, is void unless the pro p Subd. 2. Resolution by governing body. Except in an emergency snaking such proce- dure impracticable, the govec~~tg ~ ~} iogta>e ~olutson Sett ngnoutlthele.sstentiTl facts andrdet in advance of its peri'orman y l lermining that the contract id~elsewhecle) ]n~case of aei en errglencyrwllen thercont act almot be or services could be obtame authorized in advance, pays e ]tct Dire also statedhall be authorized by a like resolution In which the facts of the emerl, y Subd. 3. Claims, affidavits Ella hodef aneaff day tlstatina aid, the interested officer sh file with the clerk of the gover b Y (a) The name of the officer and the office held by the officer; (b} An itemization of the commodity or services furnished; (c) The contract price; (d) Tile reasonable value; {e) The interest of the officer in the contract; and {t~ That to the best of thi}ichfthe camlmod~y ornsebrvi estcould be obtained from other lower than, the price at w sources. History: 1951 c 379 s 3; 1965 c 45 .s 64-66; 1967 c 125 s 1,2; 1978 c 651 s 2, ; 1986 c 444 1 to this section. 471.895 CERTAIN GIFTS BY INThe deftn EonPtnRthlONbd R on app y Subdivision 1. Dei"rnitions. (a) (b} "Gift" has the meaning given it in section 10A.071, subdivision 1. (c) "interested person" means a person ar a representative of a person or association that has a direct financial interest in a decision that a o ntedfoffi ialSOf a county oor ~ y or of an (d) "Local offlciai" means an elected or app agency, authority, or instrumentality of a county ar city. ift or request another to give Subd. 2. Prolril;<ition. An interested persotl may not give a g ift from an interested person. a gift to a local official. A locaThefi rohibituns in this secgtion do not apply if the gift is: Subd. 3. Exceptions. (a) p (1) a contribution as defined in section 211A.01, subdivision 5; (2) services to assist an offris>atlt<d Tone info~matian, andf cammuntication in connectito i limited to providing advice, co with legislation, and services to constituents; (3) services of insignificant monetary value; (4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause; (5) a trinket or memento of insignificant value; 1177 471.895 MUN'IC1PA1.1t1GH'rS, POWERS, OtTTIFS I l7(~ 471.925 DEFINITIONS. (6) informational material of unexceptional value; or ' Fox ptuposes of sections on engaged in the s (7) food or a beverage given at a reception, meal, or meeting away from the recipient before whom the recipient appears to make a speech or an- i i means a pers but not limited to coins, gold, s~ on zat place of work by an organ vehicles ar motor vehicles int saver questions as part of a program. (b) The prohibitions in this section do not apply if the gift is given: h b goods and merchandise taken History: 1985 c 289 s I ose mem ers are (1}because of the recipient's membership in a group, a majority of w not local officials, and an equivalent gift is given to the other members of the group; or 471 42~ RELATION TO O' (2) by an interested person who is a member of the family of the recipient, unless the gift Any ordinance adopted t is given on behalf of someone who is not a member of that family. element and be in addition to History: 1994 c 377 s b t or rule. s HOSPITAL; TRANSFER TO COUNTY. ORY CITIES History: 1985 c 289 s 1 , 471.9D STATUT Authorization. When duly authorized by unanimous vote of its govern- bdivision 1 S 47I 927 COOPERATION . u ing body auy statutory city owning real estate and a Hospital building situated thereon and in which said statutory city is located, may, for a nominal ith the count l The governing body of condhand or junk leak y y w equipment joint ideration rn- without consideration, transfer its title and interest in the real estate, hospital late se commissioners for administl cons building, and equipment to said county. may accept. Said county, wtlen authorized by a majol7ty vote of its Count 2 bd S ravisians within the border P History: 1985 c 289 s y . . u governing body, may accept such grant and conveyance. Statutory city obligations not assumed by county. SucH county does not as- bd 3 471 928 RECORDING. . . Su same and shall not be liable for any part of the obligations incurred by said statutory city in in the cc}nstruction or operation of said unt d Any ordinance adapte' The count r d # y co the joint enterprise of the statutory city an . e county recor hospital. History: 1985 c 289 .~ History: 1951 c 497 s l-3; 1973 c 123 ar•t S s 7 471.929 ENFORCEMEI` 471.91 AIR TRAVEL ACCOUNTS. i of the first class or any county containing a city of the it f THe duties of enfarcin by the county board upon y any c The governing body o first lass is authorized to enter into a contract witH any airline company regularly engaged in e for the establishment of an air Histor 1985 r. 289 y' carrying passengers on schedule flights in interstate commerc ccount for any such city or county, subject to such terms and conditions as maybe or it l h 471 9~ API'AOPRIATIE a y [rave e c necessary and proper to facilitate air travel by [he officers and employees of t a sum not exceeding $500 to the credit of an m i li l^ cities of the second l meeting of t i y p ne co r county, and to deposit with the a a called spec storing, housi ving such account. History 1951 c 630 s I , preser rial pertaining to the histu~ tSla d Oll Any ]mpal'tant all 471.92 DANGEROUS EXCAVATIONS. basins as nuisance. The guvern'sng body of any cisterns l material for future genera year. , s, Subdivision 1. Wells, poo county, city or town may regulate the maintenance or abandonment of open wells, cesspools, far the violation thereof. lti History: 1957 c 35~ es cisterns, recharging basins, catch basins and may provide pena nt of any such installation so as to endanger the safety of d 471.y4 ~Itepealed, 1959 onme The use, maintenance or aban nsiderable number of persons, may be deemed as a public nuisance and abated par- 471 941 APPROPRIA' any co scant to the laws relating to public nuisances. The abatement of any such nuisance may include suit- fence r b For the purposes a1 r . , y cove Subd. 2. Abate ably covering such installation or surrounding the same with a suitable protective fence. tcloeatio n performan~e,~ History: 1955 c 601 s 1,2; 1973 c 123 art 5 s 7 to: music, dance, drama. gEaphlC and craft hy 47L92A COUNTY REGULATION OF SECONDHAND AND JUNK DEALERS. morals, an safety the health i p , tape and sound record` hibition of the art for , , ng Subdivision 1. Authority. For the purpose of promot county in the state may regulate the activities of second- n d ex ronment. y ents, a general welfare of its resi A county, statutory hand and junk dealers. oses and ob ectives of the authority granted by this Subd. 2. Iri~plementation. The pure ~ wide regulations or ordi- ount f artistic organizations. 7 [ions that the county b~ y c _ section shall be furthered by the adoption and passage o History: 1989 c - nance provisions. History: 1985 c 289 s 9; 1946 c 404 s 15