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HomeMy WebLinkAbout20120206 - VI-18 City Council Memorandum To: Mayor Hicks & City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Date: February 1, 2012 Item: Ordinance Amendment Relating to 32.01(D) Council Action Requested: Approve the first reading/order the second reading and public hearing for February 21, 2012 with regards to an ordinance amendment relating to prohibiting city employees from purchasing at City of Hastings auctions. Background Information: Current Section 32.01(D) of City Code prohibits certain positions (member of the administrative staff, department head, a member of the Council, or an adviser serving the city in a professional capacity) from purchasing property for sale at a City auction. It is staff recommendation that the attached ordinance amendment , which would prohibit all City employees from purchasing property for sale at a City auction, be considered for adoption. This would be consistent with a recent directive from the Office of the State Auditor requiring Police Departments to prohibit police staff from purchasing property for sale at a City auction. In compliance with that directive, the Hastings Police Department did institute such an internal policy in 2011 Financial Impact: None. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Proposed language and state statutory language setting the minimum standards a City must impose with regard to City auctions. CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2012-___, THIRD SERIES An Ordinance of the City of Hastings Prohibiting City Employees from Purchasing Abandoned Motor Vehicles, Unclaimed Property and Excess Property BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 32, SECTION 32.04(D) IS AMENDED BY ADDING THE FOLLOWING (new language is underlined, strikethrough language is deleted): (D) Persons who may not purchase; exception. (1) No full time, part time, paid on-call firefighter or seasonal employee of the city, including any person who is a member of the administrative staff, department head, a member of the Council, or an adviser serving the city in a professional capacity, may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least 1-week’s published or posted notice of sale is given. (2) It is unlawful for any person to be a purchaser of property under this section if the purchase is prohibited by the terms of this section. (Prior Code, § 2.63) This Ordinance shall be effective upon its passage and publication. Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this ____ day of ________, 2012, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: ___________________________________ Melanie Mesko Lee Assistant City Administrator/City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2012, as disclosed by the records of the City of Hastings on file and of record in the office. Assistant City Administrator/City Clerk Minnesota Statutes Annotated Currentness State Agencies (Ch. 14-15A) Chapter 15. State Agencies in General General 15.054. Sale or purchase of state property; penalty No officer or employee of the state or any of its political subdivisions shall sell or procure for sale or possess or control for sale to any other officer or employee of the state or subdivision, as appropriate, any property or materials owned by the state or subdivision except pursuant to conditions provided in this section. Property or materials owned by the state or a subdivision and not needed for public purposes, may be sold to an employee of the state or subdivision after reasonable public notice at a public auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. Requirements for reasonable public notice may be prescribed by other law or ordinance so long as at least one week's published notice is specified. An employee of the state or a political subdivision may purchase no more than one motor vehicle from the state at any one auction. A person violating the provisions of this section is guilty of a misdemeanor. This section shall not apply to the sale of property or materials acquired or produced by the state or subdivision for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the state or a political subdivision from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or normal course of the employee's duties. Current through the end of the 2011 First Special Session. (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.