HomeMy WebLinkAbout20100419 - VIII-C-3VIII -C -3
MEMORANDUM
TO: Honorable Mayor and City Councilmembers
FROM: Dave Osberg, City Administrator
DATE: April 15, 2010
SUBJECT: City Charter Amendment
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the City Council take action approving the Second Reading of the
attached ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
THE CITY CHARTER SECTION 3.06: 1VIAYOR -LAW ENFORCEMENT AND
SECTIONS 3.11; POWERS AND DUTIES OF THE CITY ADMINISTRATOR, AND
RECONIlVIENDING THESE AMENDMENTS BE ENACTED BY ORDINANCE OF
THE HASTINGS CITY COUNCIL.
CHARTER CHANGES REQU 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 3.06Mayor: 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 Recommendin 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 Conunission 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
stricture, 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
The first reading of the Ordinance was approved by the City Council at the meeting on
March 15, 2010. The public hearing was conducted on Monday April 5, 2010; with no
person commenting on the proposed change.
David M. Osberg
City Administrator
APPS_ -\F JX 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 TBE C:ZTY ADMINISTRATOR
BE IT ORDAINED by the City Coutioil of the City of Hastings as follolvs:
Hastings City Charter Sections 3,06 and 3.11 shall be amended as follows:
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SECTION 3.19 Powers and Duties of the City Administrator
30divislon 1. The Cih- Administrator shall be responsible to tliLe council for the administration
of the City's affairs and shaft have the powers and duties set forth in the following subdivisions:
Subdivision a The City AdzuirtistRLtor shall see that this charter aad the ialvs, ordinances and
resoluticils of the City are enforced.
.Subdivision 3. The Cite Administrator shall appoint and ieinove upon the basis of merit and/or
fitness alone, all cmploy -ees of the City-, athef z��f o- €-tlYc 1' lie at i , except that the
City Administrator shall receive council approval to either appoint or remove department heads and
division heads established bF either resolution or ordinance,
.Subdivision 1. The City- Adrnirtistrator shall exercise control ovcr all departments and divisions of
the Cit Administration created by this charter or by the council, e�eep€ # elf ee deli rat Ezcept
for the purpose of inquiry the Council and its members shall deal with Ind control the administrative
8arviccs solely through the City Administrator, raid neither the Council nor any- nierniber thereof shall give
orders to any' subordinates of the City Administrator either publicly OF prividely
.Subdivision 5- The City Administrator shall attend all meetings of the council and may take part in
discussion but not vote.
APPENDIX'. A
Subdivision 6L The Cite Administrator shall recommend to the council for adoption such measures
as lie or she deers necessary for the welfire of the people and the efficient administration of the City's
affairs.
,Subdivision 7. The City Adra nistnator shall keep the council fills• advised on the fillianolal
condition and needs of the Cits•, and shall prepare acid submit to the council and annual budget and capital
program.
Subdivision S. The City Administrator shag submit to the council and make available to the public
a complete report on the fmances and administrative activities of the City at the end of each fisoal Year.
.Subdivision 9. The City Administrator shall make recommendations for terminating and
suspending Department heads and Division Iieads, , and may suspend aus
Department head or Division Bead, eNevt for th om , until the next Council meeting when the
Council shall affirm, modify or rescind the suspension.
.Srubtiivision ID. The Cite Administrator shall perform such other duties as are prescribed by
charter or may be required by the council_
ALL OTHER SECTIONS SHALL REMAIN UNCHANGED.
TIHS ORDINANCE AND CHARTER AMENDMENT SHALL BECOME EFFECTIVE 90 DAYS
AFTER PASSAGE AND PUBLICATION.
ADOPTED b3 the Hastings City Council on this dax• of , 20
ATTEST:
Paul J. Hicks, Mayor
Mclhanie lblesko Lee, Cite Clerk (fits Seal)
I BUREBY CERTIFY that the above is a tnie and correct cop} of an ordinance liresented to and adopted by ilia City
❑f Hastings, County ofDakot<q, Mi u)csota. on the dad of _ _ — ,2() as disclosed by
the records of the Cite of Mastiigs on file and Gf record in. Lie office.
Melanie Mesk❑ Lee, City Clerk
(SEAL)
City of Hastings
Chatter 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
Connnissioner Jauquet introduced the folloning 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 Citv'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 Cite 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, the structure 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 Cite 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 Cite Council_
NOW, THEREFORE BE IT RESOLVED BY THE HASTINGS CHARTER
COMMISSION AS FOLLOWS:
The Hastings Charter Commission recommends that the Hastings Home Rule Charter,
Section 3.06: Mayor -Law Enforcement and Section 3.11- Potivers and Duties of the Cite
Administrator be amended as shotvrn on the attached Ezlubit A.
2. The Hastings Charter Conannission firrther reconmiends that the Hastings City Council
adopt this charter amendment by ordinance in the manner providcd by Minnesota Statute
§410.12, Subd. 7.
The Hastings Charter Commission firrther reconrunends that the Hastings City Council
form a Police Advisory Commission.
Commissioner Hoeschen made a second to the foregoing resolution.
Aves: 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
Mark Vaughan, Chair
Attest:
Melanie Mesko Lee
Citv Cleric