HomeMy WebLinkAbout[04e] Human Rights JPA
4(e)
Council Agenda Item
MEETING DATE: October 3, 2013
AGENDA ITEM: Joint Powers Agreement
SUBMITTED BY: St. Cloud Regional Human Rights Office
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Joint Powers Board met to review the JPA and
recommended each City authorize execution. This is the same agreement that was executed when the office was
first formed and amended to reflect the participating cities have not cost.
PREVIOUS COUNCIL ACTION: The Council resolved to be a partner in the St. Cloud Regional Human Rights
office for 30 months at no charge along with the Cities of Sartell and Sauk Rapids.
BACKGROUND INFORMATION:
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Joint Powers Agreement
REQUESTED COUNCIL ACTION: Authorize execution of the Joint Powers Agreement as recommended by the Joint
Powers Board.
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JOINT POWERS AGREEMENT
ESTABLISHING A BOARD OF DIRECTORS
TO ORGANIZE AND GOVERN
A COMMUNITY BASED EFFORT TO
PROVIDE HUMAN RIGHTS SERVICES AND
SUPPORT A REGIONAL HUMAN RIGHTS OFFICE
The parties to this Agreement are governmental units of the State of Minnesota. This Agreement
is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59 and
§462.358.
1.General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of
Directors to organize and govern a community-based effort to provide human rights
services and support a regional human rights office which will be staffed and operated by
the Minnesota Department of Human Rights.
2.Definitions.
2.1“Additional Member.” A signatory of this Joint PowersAgreement who is not a
Member, having joined after the first year of its existence.
2.2“Board.” The Board of Directors established by this Agreement.
2.3“Director.” A member of the Board of Directors.
2.4“Initial Member.” An original signatory of this Joint Powers Agreement as
identified in Section 3.1.
2.5“Member.” Any city which is a signatory to this Agreement.
3.Membership.
3.1The Members are: The Cities of St. Cloud, Sartell, Sauk Rapidsand St. Joseph.
No change in governmental boundaries, structure, organizational status or
character will affect the eligibility of any Member listed above to be represented
on the Board as long as such Member continues to exist as a separate political
subdivision.
4.Board of Directors.
4.1The community based effort to provide human rights services set forth in this
Agreement must be governed by a Board of Directors which must consist of two
Directorsappointed by the governing body of each Member listed in Section 3.1
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above. Each Member may designate an alternate for its appointed Director. Each
Director and alternate must be a member of the governing body of their respective
Member.Directors will serve one year terms on the Board.
4.2Directors must serve without compensation from the Board. This does not
prevent a Member from providing compensation to a Director for serving on the
Board.
5.Quorum/Voting.
5.1A majority of all of the Directors will constitute a quorum. A simple majority
vote of the Directors present at a meeting with a valid quorum is required for the
Board to take action, unless otherwise provided by law.
5.2There is no voting by proxy. Except as otherwise authorized in this Agreement,
all votes must be cast by the Director or designated alternate at a Board Meeting.
Each Director shall have one vote.
6.Officers.
6.1The officers of the Board will be a Chair and a Vice-Chair.
6.2At its first meeting, the Board must elect a Chair and a Vice-Chair who will serve
through December 31 of the year when first elected and until a successor is
elected. At the meeting prior to completion of the initial term(s) and at the
completion of every term thereafter, a Director must be elected to each respective
office for a one-year term.
6.3A Directormust be elected in the same manner as above to fill out an unexpired
term of any office which becomes vacant.
7.Meetings.
7.1The Board must meet at least annually on a schedule determined by the Board.
7.2Meetings of the Board may be called by the Chair and must be called upon
written request of a majority of the Directors.
7.3All meetings must be conducted in compliance with the Minnesota Open Meeting
Law, Minnesota Statutes Chapter 13D.
8.Powers and Duties of the Board.The powers and duties of the Board are limited to the
following:
8.1Establish a Regional Human Rights Commission.
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Subd. 1. Purpose.The purpose of the Human Rights Commission is to
secure for all citizens and visitors equal opportunity in education, employment,
housing, public accommodations, and public services, and full participation for all
its citizens in the affairs of this community.
Subd. 2.Composition and Qualifications, Appointment and Removal,
Compensation.
(a).The Commission will be comprised of persons expressing a commitment
and interest in protecting the rights of protected classes as defined by
Minnesota Statute Chapter 363A entitled the “Human RightsAct.”. The
Board, in making it appointments, will strive to create gender balance,
representation of protected classes, a balance of interests, and a make-up
that represents the diversity of the community.
(b)The Commission will consist of eight members. Five of the eight
Commission members must be persons residing within the member cities.
(b)All members will be appointed by the Boardwith the advice and consent
of the governing body of each Memberand with due regard to their fitness
to fulfill the functions, powers, and duties vested in and imposed upon the
Commission.
(c)The Boardmay remove any member of the Commission in the best
interests of the Member cities.
(d)Members of the Commission will serve without compensation.
Subd. 3.Terms of Members, Vacancies, Participation.
(a)Appointment: At the time of the initialappointment, members of the
Commission will be appointed to termsof three years, except that any
person appointed to fill an unexpired term will serve only until the
expiration of that term. No person will serve more than two consecutive
terms.
(b)Meetings: TheCommission will meet monthly and may meet additionally
at the call of the Chairperson or of any two members.
(c)Officers: The Commission will at its first meeting in January of each year,
elect a Chairperson and Vice-Chairperson. No person will servemore
than two consecutive terms as Chairperson or Vice Chairperson. The
State of Minnesota Department of Human Rights will provide staff
support including acting as the Recording Secretary for the Commission.
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(i) Chairperson:The Chairperson will preside and maintain order at
all Commission meetings and will make such
reports as required by law and as ordered by the
Commission to theBoard.
(ii) Vice Chairperson:The Vice Chairperson will fulfill the duties of the
Chairperson in the absence of the Chair including
the calling of Commission meetings and assist the
Chairperson with administrative duties, and monitor
the expenditure of funds allocated for human rights
through the Commission.
(d)Procedure: All business of the Commission will be conducted in an
orderly and lawful manner, and the Commission will at all times be
vigilant to preserve and protect the rights and privacy of both persons
having human rights complaints and persons against whom human rights
complaints have been made. Specific human rights complaints made
against named individuals will not be heard by the Commission. However,
the Commission may be addressed by individuals regarding problems and
issues generally with due regard for the privacy of all persons. Persons
having specific human rights complaints will be referred to theState of
Minnesota Department of Human Rights. The Commission may also enact
bylaws, with the approval of the Board, to govern its own affairs. The
bylaws will not provide for the removal of Commission members by the
Commission, but may provide a procedure by which the Commission may
recommend removal of a Commission member to the Board. The bylaws
may include recommendations for the training of Commission members as
deemed appropriate by the Commission.
(e)Public: All meetings of the Commission, records and minutes will be
open to the public except as otherwise may be provided by applicable law.
Subd. 4.Duties and Responsibilities.
(a)Working in cooperation with the State of Minnesota Department of
Human Rights the Commission will foster, through education, conferences
and public information, general awareness and understanding of human
rights issues and laws in the Member cities. The Commission may make
recommendations to the Boardon legislation and policy changes at any
level of government. Except for their advice to the Board, the
Commission will not attempt to directly influence the legislation or policy
changes the Commission recommends. Individual Commission members
may, as individualsor representatives of other organizations, advocate
before other legislative or executive bodies as individuals or
representatives of other organizations, but they will not represent that they
are representing the Board or any Member city unless so authorized by the
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Board or the Member city. The Commission will not participate or
intervene in (including the publishing or distributing of statements) any
political campaign on behalf of (or in opposition to) any candidate for
public office.
(b) In addition to the State of Minnesota Department of Human Rights the
Commission will enlist the cooperation of agencies, organizations, and
individuals in the community, and will cooperate with the human and civil
rights agencies of other communities, in an activeprogram directed to
create equal opportunities and equal rights for all persons.
(c) The Commission will advise the Board on human relations and civil rights
issues including the functioning of the agreement with the State of
Minnesota described in paragraph 8.2 below.
8.2Enter into an agreement withthe State of Minnesota Department of Human Rights
tooperate a regional human rights office in the St. Cloud area. That office should
provide the following services:
(a)Complaint intake.
(b)Pre-investigative dispute resolution.
(c)Forwarding of the complaint to the State Office staff when necessary.
(d)Education and outreach services in the form of training about the Mi
nnesota Human Rights Act.
(e)Coordinate forums and cultural diversity events that may be conducted by
other entities or consultants.
(f)Serveas staff in support of a regional human rights office.
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8.3Annually report to Members on Board activities and progress in meetinggoals.
The annual report shall be distributed to the Members no later than March 1st.
8.4The Board may research and make recommendations to the Members regarding
matters related to the purpose of this Agreement.
8.5The Board may consult with persons knowledgeable in human rights such as
research organizations, educational institutions, other political subdivisions, and
any other persons who can provide pertinent information.
8.6The Board mustcontract for or purchase such insurance as the Board deems
necessary for the protection of the Board and the Members.
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8.7The Board may accumulate reserve funds for the purposes herein mentioned and
may invest funds not currently needed for its operations.
8.8The Board may collect money, subject to the provisions of this Agreement, from
its Members and from any other source(s) authorized by law.
8.9The Board may make contracts, employ consultants, incur expenses and make
expenditures necessary and incidental to the effectuation of its purposes and
powers, in conformance with the requirements applicable to contracts and
purchases of all of the Members.
8.10The Board will cause to be made an annual audit of the books and accounts of the
Board and must make and file a report to its Members at least once each year.
Strict accountability of all funds and report of all receipts and disbursements must
be made.
8.11The Board’s books, reports and records will be available for and open to
inspection by its Members at all reasonable times. The Board’s records shall be
available for inspection by the public pursuant to Minnesota Statutes, Chapter 13.
8.12The Board may appoint such committees as it deems necessary to exercise to
powers of the Board in accordance with by-laws adopted by the Board and as
allowed by law.
8.13The Board may exercise all other lawful powers necessary and incidental to the
implementation of the purposes and powers set forth herein, including, without
limitation, the adoption of by-laws to govern the functioning of the Board,
provided that no by-law or action of the Board will be contrary to the terms of this
Agreement.
9.Additional Members.
9.1Other cities may become a party to this Agreement upon a 2/3 majority of all
Directors acting upon a resolution of the Board. The new Member shall sign a
copy of this Agreement. Existing Membersshall not be required to resign.
9.2The Board may require Additional Members to pay a fee deemed appropriate by
the Board. Said fee must take into consideration the expenditures of the Board to
date. The Board may allow this fee to be paid over one or more years.
Employees.
10.
10.1Employees of the member Cities serving as a Director or providing project
administrative services will not be considered employees of the Board for any
purpose including, but not limited to, salaries, wages or other compensation or
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fringe benefits; workers’ compensation; unemployment compensation or
reemployment insurance; retirement benefits; social security; liability insurance;
keeping of personnel records and termination of employment.Each Member
agrees to contributeeach year to a general fund. The annual contribution by each
Member will be determined in accordance witha budget approved by the
Members governing bodies.
10.2No Member will be responsible or liable to any other Member for the payment of
wages or other remuneration to the other Member or to the other Member’s
employee(s), notwithstanding the fact that such employee may from time to time
pursuant to this Agreement, provide services which benefit the other.
11.Member’s Financial Contributions.Member cities,other than the City of St. Cloud,will
not have a financial obligation under this agreement through December 31, 2015. Prior
to December 31, 2015 the Board will evaluate and review the regional human rights
office, with anticipation that the State of MN will fund the continuing office.
12.Duration.This Agreement will continue for a period of fiveyears after its effective
date unlessearlierterminated as provided herein.
13.Termination.
13.1During any portion of the term of this Agreement in which there are no more than
two Members if either member wishes to terminate this Agreement, then the
Board must terminate this Agreement, allowing reasonable time to complete work
in progress.
13.2During all other portions of the term of this Agreement when there are at least
three members the Board may receive petitions for termination of this Agreement
from Members. Upon receipt of a petition of a Member the Board must conduct a
public hearing. The Board must provide a minimum of 30 days notice in writing
to the City Administrator/ Manager of each Member and by publication in a
newspaper of general circulation in Member cities. Upon a 2/3 vote of all
Directors acting upon a resolution of the Board, the Board must recommend
termination of this Agreement A copy of the resolution must be submitted to the
City Council of each Member and if ratified by 2/3 of the Members, the Board
must terminate this Agreement, allowing reasonable time to complete work in
progress. Reasonable time to complete work in progress must include time to give
notice and terminate any agreement with the State of Minnesota to establish a
regional human rights office.
13.3Upon termination of this Agreement, all monies on handshall be distributed to the
current Members. Any distribution of assets must be made in proportion to the
total contributions by the respective Members over the entire duration of this
Agreement. The Board will continue to exist after termination for such periodas
is necessary to wind up its affairs, but not forother purpose.
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Withdrawal
14..
14.1During any portion of the term of this Agreement in which there are more than
two Members,aMember may withdraw from this Agreement, by resolution of its
city council, provided that the member gives a 120-day notice to the Board and
the other Members. Any Member formally withdrawing is still obligated to pay
its contribution according to the terms of this Agreement for the then current
budget year but will have no further liability or obligation to the Members except
as to actions, events or responsibilities arising or occurring before the effective
date of withdrawal. Any Member withdrawing under this provision will not be
entitled to any refund from the Board.
15.Indemnification.
15.1The Board of Directors must defend and indemnify its members for any liability
claims arising from Board activities or operations, and decisions of the Board of
Directors. Nothing in this agreement will constitute a waiver of the statutory
limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any
available immunities or defenses, and the limits of liability under Minnesota
Statutes, Chapter 466 for some or all of the parties may not be added together to
determine the maximum amount of liability for any party.
15.2Nothing herein will be construed to provide insurance coverage or
indemnification to an officer, employee, or volunteer of any member for any act
or omission for which the officer, employee, or volunteer is guilty of malfeasance
in office, willful neglect of duty, or bad faith.
15.3Any excess or uninsured liability mustbe borne equally by all the members, but
this does not include the liability of any individual officer, employee, or volunteer
which arises from his or her own malfeasance, willful neglect of duty, or bad
faith.
16.Severability.
16.1Ifany portion of this Agreement is found to be void, unenforceable,
unconstitutional, or any combination of these, by a court of competent
jurisdiction, the remaining portions of this Agreement shall remain in effect.
17.Effective Date.
17.1This Agreement shall be in full force and effect when all members sign this
Agreement. All members need to sign the same copy. Each member shall file the
signed Agreement with the St. CloudCity Clerk who will notify all members of
the effective date of the Agreement.
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IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by action of
their governing bodies, in accordance with law.
CITY OF ST. CLOUDCITY OF ST. JOSEPH
By its MayorBy its Mayor
And its City ClerkAnd its City Administrator
DateDate
CITY OF SAUK RAPIDSCITY OF SARTELL
By its MayorBy its Mayor
And its City AdministratorAnd its City Administrator
DateDate
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