HomeMy WebLinkAbout[01] Joint Powers AgreementJOINT 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 Powers Agreement who is not
an Initial Member, having joined after the fust 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.
3.1 The Initial Members are: The Cities of St. Cloud, St. Joseph, Sartell, and Sauk
Rapids.
3.2 No change in governmental boundaries, structure, organizational status or
character will affect the eligibility of any Member listed above to be represented on
Y the Board as long as such Member continues to exist as a separate political
subdivision.
4. Board of Directors.
4.1 The 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
Directors appointed by the governing body of each Initial Member listed in
Section 3.1 above. Each Member may designate an alternate for its appointed
Director. Each Director and alternate must be a Mayor or member of the
governing body of their respective Member. Directors will serve one year terms
on the Board.
4.2 Directors 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. Ouonun/Voting,
5.1 A 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.
5.2 There 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.
6.1 The officers of the Board will be a Chair and a Vice -Chair.
6.2 At 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.
6.3 A Director must be elected in the same manner as above to fill out an unexpired
term of any office which becomes vacant.
7. Meetings.
7.1 The Board must meet at least annually on a schedule determined by the Board.
7.2 Meetings of the Board may be called by the Chair and may be called upon written
request of a majority of the Directors.
7.3 All meetings must be conducted in compliance with the Minnesota Open
Meeting Law, Minnesota Statutes Chapter 13D.
7.4 The Board will select a Member City to provide administrative support to act as
the Boards Fiscal Manager.
8. Powers and Duties of the Board
The powers and duties of the Board are limited to the following:
8.1 Establish a Regional Human Rights Commission,
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 Rights Act." The
Board, in making its appointments will strive to create gender balance,
representation of protected classes, a balance of interest, 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 in member cities.
(c) All Members will be appointed by the Board with the advice and consent of
the governing body of each Member and with due regard to their fitness to
fulfill the functions powers, and duties vested in and imposed upon the
Commission.
(d) The Board may remove any member of the Commission in the best interests
of the Member cities.
(e) Members of the Commission will serve without compensation.
Subd. 3. Terms of Members Vacancies Participation.
(a) Appointment: Members of the Commission will be appointed to three year
staggered terms.
(b) Meetings: The Commission 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, Vice -Chairperson and a secretary. No person will serve
more than two consecutive terms as Chairperson or Vice Chairperson.
(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 the Board.
(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.
(iii) The Secretary shall provide a record of meeting that is distributed to
commission members, JPA members and staff members assigned to the
regional human rights office.
(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
nghts 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 the State 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. 5. 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 Board on 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
individuals or 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 Board or the Member
city. The Commission will not partici ate 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 active program 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.
8.2 Enter into an agreement with the State of Minnesota Department of Human
Rights to operate a regional human rights office in the St. Cloud area. That office
should provide the following services:
1. Complaint intake.
2. Pre -investigative dispute resolution.
3. Forwarding of the complaint to the State Office staff when necessary.
4. Education and outreach services in the form of training about the Minnesota
Human Rights Act.
5. Coordinate forums and cultural diversity events that may be conducted by
other entities or consultants.
6. Serve as staff in support of a regional human rights office.
8.3 Annually report to Members on Board activities and progress in meeting goals.
The annual report shall be distributed to the Members no later than March 1 st.
8.4 The Board may research and make recommendations to the Members regarding
matters related to the purpose of this Agreement.
8.5 The 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.
8.6 The Board must contract for or purchase such insurance as the Board deems
necessary for the protection of the Board and the Members.
8.7 The Board may accumulate reserve funds for the purposes herein mentioned and
may invest funds not currently needed for its operations.
8.8 The Board may collect money, subject to the provisions of this Agreement, from
its Members and from any other source(s) authorized by law.
8.9 The 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.
8.10 The 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.
8.11 The 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.
8.12 The 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.
8.13 The 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.
9.1 Other 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 Members shall not be required to resign.
9.2 The 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.
10. Employees.
10.1 Employees 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
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 contribute each year to a general fund. The annual contribution by each
Member will be determined in accordance with a budget approved by the
Members governing bodies.
10.2 No 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.
I 1. Member's Financial Contributions
11.1 Each year, the Board will, by approval of a 2/3 vote of all its Directors, adopt
a proposed general adminishration budget for the ensuing year and decide
upon the total amount necessary for the general fund. The Board must certify
the budget on or before July 1 to the clerk of the governing body of each
Member, together with a statement of the proportion of the budget to be
contributed by each Member. Each member must approve or object to the
proposed budget and the Members' financial contribution and give notice of
its action to the Board. The budget will be deemed approved by a Member in
the absence of action by August 1. Final Action adopting a budget for the
ensuing calendar year must be taken by the Board on or before October 15 of
each year. Each Member's contribution must be paid by January of the
following year. The per capita rate will be the same for each member.
11.2 Upon the failure of any Member to contribute its financial obligation in a
timely manner, or to fulfill any of its other material obligations under this
Agreement the Board may expel a Member upon 2/3 vote of all its Directors.
11.3 Contributions to the general fund are to be used for general administration
purposes including, but not limited to expenses, supplies, insurance and
bonds. In addition, the Regional Human Rights Commission will be provided
a general fund appropriation for its outreach and education efforts.
12. Duration. This Agreement will continue for a period of five years after its effective
date unless earlier terminated as provided herein.
13. Termination.
13.1 During 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.
13.2 During 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.
13.3 Upon termination of this Agreement, all monies on hand shall 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
period as is necessary to wind up its affairs, but not for other purpose.
14. Withdrawal.
14.1 During any portion of the term of this Agreement in which there are more than
two Members, a Member 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 fitrther 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.
15.1 The 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.
15.2 Nothing 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.
15.3 Any excess or uninsured liability must be 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.
16.1 If any 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.
17.1 This Agreement shall be in full force and effect when all members sign s
thi. Each member shall file
Agreement. All members need to sign the same copy
the signed Agreement with the St. Cloud City Clerk who will notify all
members of the effective date of the Agreement.
IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by
action of their governing bodies, in accordance with law.
�F ST. CLOUD
By its Mayor
i
AnItti y Clerk
I�
Date
C
OF SARTELL
a,. "A
y its Ma r
And its i Clerk
I -,2S lG
Date
CITY OF SCT. J/O'SEP
By its Mayor
Date