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Home My WebLink About[09b] Correction - Ordinance 21CPP~' OF S'1'.Jl)tiNa'H Council Agenda Item 9 b MEETING DATE: April 2, 2009 AGENDA ITEM: Ordinance Clarification SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: It was noticed that Ordinance 21 has two incorrect reference numbers. The highlighted Ordinance indicates the errors. This matter does not require a public hearing to change, only a publication of the change. Therefore I have included the resolution for adoption and publication. BUDGET/FISCAL IMPACT: ATTACHMENTS: Resolution 2009-008; Ordinance 21 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2009- 008 Amending Ordinance 21, causing the same to be published. Resolution 2009-008 Amendment ito Ordinance 21 Regarding clerical reference error The Council for the City of St. Joseph does hereby ordain that Ordinance 21.05 be amended to correct a clerical error citing a reference in the same Ordinance. Therefore, Ordinance 21.05 subd. 3 is amended as follows: Subd. 3(a) Warning. Appropriate for initial violations of Sections 21.02, 21.04 or failure to comply with a resolution o1' the City Council. This amendment is adopted the day of publication. 2009 and shall be effective upon CITY OF ST. JOSEPH By AI Rassier, Mayor By Judy Weyrens, Administrator This amendment published on , 2009 CHAPTER II-OPERATIONS, ADMINISTRATION & ORGANIZATION ORDINANCE 21 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL.. 21-1 Section 21.01: CITY COUNCIL MEETINGS .................................................................21-1 Section 21.02: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS.........21-2 Section 21.03: PERSONAL INTEREST ..........................................................................21-3 Section 21.04: ATTENDANCE AT MEETINGS ............................................................21-3 Section 21.05: DISCIPLINE .............................................................................................21-3 Section 21.06: PENALTIES ............................................................................................. 21-4 21-0 CHAPTER II -OPERATIONS, ADMINISTRATION & ORGANIZATION ORDINANCE 21 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL Section 21.01: CITY COUNCIL MEETINGS. Subd. 1: Meetings. (First and Third Thursday). The City Council shall hold regular monthly meetings on the first and third Thursday of each calendar month at 7:00 p.m. unless a different time is set by the Council. Any regular meeting falling upon a legal holiday may be rescheduled by the Council to another date near the date originally scheduled for meeting. Subd. 2: Special Meetings. Special meetings of the City Council may be called by the Mayor on oral notice to the Administrator/Clerk or by any two members of the Council in writing filed with the Administrator/Clerk at least 24 hours prior to the time specified for such meeting. The City Administrator/Clerk shall immediately notify each member of the Council of the time and purpose of the meeting by telephonic notice to each member, if he or she can be found, and if not, notice to an adult known to reside in the abode of the Council member. Special meetings may be held without such notice when all members of the Council are present in person, or when the absent members have consented to the holding of said meeting. Any special meeting attended by all the members of the Council shall be a regular meeting for the transaction of any business that may come before such meeting. The City Administrator/Clerk shall also give notice of special meetings to the local media and post notice at City Hall. Subd. 3: Agenda. An agenda of business to come before the City Council shall be prepared by the City Administrator/Clerk on the Monday immediately preceding the regular City Council meetings. The Administrator/Clerk shall furnish each member of the Council with a copy of the agenda prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. Any person desiring to be heard by the Council shall make his or her intention known to the Administrator/Clerk not later than one week prior to the Council meeting, and shall inform the Administrator/Clerk of the substance of the matter to be presented so that it can be included in the agenda. Any matters not so presented shall not be considered by the Council, unless the Council is satisfied that the omission of said item from the printed Agenda was inadvertent, or the matter is of such urgency that Council, by unanimous vote, suspends the rules for the consideration of the matter. Subd. 4: Addressing the Council. Each person addressing the Council shall be limited to five minutes, unless further time is granted by a majority vote of the Council. All remarks shall be addressed to the Council as a body and not to any member thereof. No questions shall be asked of a council person except those presented through the presiding officer. 21-1 CHAPTER II -OPERATIONS, ADMINISTRATION & ORGANIZATION Subd. 5: Conduct at Meetings. Any person making personal, impertinent, or slanderous statements, or who shall become boisterous while addressing the Council, shall forthwith be barred from further audience before the Council by the presiding officer unless permission to continue be granted by a majority vote of the Council. Subd. 6: Sergeant at Arms. The Chief of Police or such other member or members of the Police Department as the Chief may designate, shall serve as Sergeant at Arms at the Council meetings upon the request of the Mayor. When serving in this capacity, the officer shall maintain order and decorum at the meeting, and act at the direction of the presiding officer. Section 21.02: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS. Subd. 1: General Responsibilities. Except as otherwise provided by Statute or these Ordinances, neither the Mayor nor any Council member has authority to undertake any action on behalf of the City, unless that action is authorized by the Council acting as a body. No Council member may individually engage in any of the following activities unless authorized by the Council, or permitted by Statute or Ordinance: a) Enter any contracts on behalf of the City. b) Direct or discipline an employee of the City. c) Review, copy, disclose or remove documents held by the City which are confidential under the Data Practices Act or attorney-client privilege. d) Express an opinion which does not accurately represent a position of the City while preporting to speak for the City. e) Engage in any negotiations, request action, respond to requests or undertake other contact with another political subdivision under the appearance that the action is taken on behalf of the City. ~ Communicate directly with the City Attorney, City Engineer, Accountant and other independent contractors retained by the City regarding City business. Subd. 2: Individual Action Permitted. Notwithstanding the provisions of Subd. 1 herein, a Council member may individually undertake actions on behalf of the City under the following circumstances: a) As authorized by Minnesota Statute. b) As authorized by these Ordinances. c) As authorized by motion or resolution of the Council. 21-2 CHAPTER II -OPERATIONS, ADMINISTRATION & ORGANIZATION Subd. 3: Individual Authority of the Mayor. The Mayor is hereby authorized to act in the following matters on behalf of the City: a) The Mayor shall serve as police commissioner and shall field complaints or comments regarding the police department and report to the Council with his or her finding. The Mayor shall not discipline an officer nor set enforcement policy. b) Appear as a representative of the City at functions, accept and present awards on behalf of the City, and serve as an "ambassador of good will". c) Oversee the function of the departments of the City and serve as a liaison between the Council and the departments. d) Solicit opinions on behalf of the City from the City Attorney, City Engineer and other independent contractors of the City. e) Serve as City representative on the St. Cloud Area Planning Organization. ~ Provide direction to City employees where emergency action is necessary and the convening of a Council meeting is impossible. Section 21.03: PERSONAL INTEREST. City Council members may not use their position on the Council to advance any personal interests or concerns, or take any action on matters in which he or she has a personal or financial interest. A Council member shall identify any such personal conflict of interest and abstain from consideration of the issue. Section 21.04: ATTENDANCE AT MEETINGS. City Council members shall make reasonable efforts to regularly attend Council meetings. Due consideration in attendance will be made for personal vacations, military service, illness, emergency or irreconcilable conflicts. Repeated unexcused absences may be grounds for discipline. Section 21.05: DISCIPLINE. Subd. 1. Grounds. The following are considered grounds for discipline of a council member: a) Violation of a provision of this Ordinance. b) Violation of state law governing the activities of a Council member. c) Violation of or disregard of a duly authorized resolution of the Council. d) Conviction of a felony, or a crime involving dishonesty or moral turpitude committed while in office. e) Malfeasance or misfeasance in office. 21-3 CHAPTER II -OPERATIONS, ADMINISTRATION & ORGANIZATION f) Theft or embezzlement of public funds or property. Subd. 2: Initiation of Action. Disciplinary action against a Council member shall be initiated by resolution of a Council member and approved by 4/5th vote of the Council. Subd. 3. Discipline. The following disciplinary action is available and appropriate to the following offenses: a) Warning. Appropriate for initial violations of Sections 21.2, 21.4 or failure to comply with a resolution of the Council. Should be 21.02 and 21.04 b) Reprimand. Repeat violations for matters for which a warning was issued, violation of state law governing activities of a Council member, or malfeasance or misfeasance in office. c) Removal from Office. Conviction of a felony or other crime involving dishonesty or moral turpitude, gross malfeasance, embezzlement or theft of public funds or repeated violations of the offense for which there has been prior warning and reprimand. Subd. 4: Removal. Removal shall be initiated by 4/5th vote of the Council which shall authorize a recall election of the Council member or direct the City Attorney to instigate available legal action to remove the Council member from office. Section 21.06: PENALTIES. The first violation of a provision of this Ordinance shall constitute a petty misdemeanor. Any subsequent violation shall constitute a misdemeanor. Updated: 3/18/94 21-4