HomeMy WebLinkAboutOrdinance 201 - Organizations and Procedures of the City Council CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 201 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL 201-1
Section 201.01: CITY COUNCIL MEETINGS .......................................................... 201-1
Section 201.02: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS .... 201-2
Section 201.03: PERSONAL INTEREST................................................................... 201-3
Section 201.04: ATTENDANCE AT MEETINGS ..................................................... 201-3
Section 201.05: DISCIPLINE..................................................................................... 201-3
Section 201.06: PENALTIES ..................................................................................... 201-4
201-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 201 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL
Section 201.01: CITY COUNCIL MEETINGS.
Subd. 1: Meetings. The Council shall have regular sessions in the City Hall on such days
and at such times as determined by Resolution of the City Council. The first meeting of the year
shall be the organizational meeting and shall include: election of acting mayor to preside in the
absence of the Mayor, designate an official newspaper, select official depositories, annual
appointments to board and commissions, and assignments of Council committees.
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 and distributed by the City Administrator/Clerk no later than two (2) days before 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.
Section 201.01,Subd.3 amended 3/2015
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.
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
201-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
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 201.02: 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.
f) 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.
Subd. 3: Individual Authority of the Mayor. The Mayor is hereby authorized to act in
the following matters on behalf of the City:
201-2
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
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.
f) Provide direction to City employees where emergency action is necessary and the
convening of a Council meeting is impossible.
Section 201.03: 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 201.04: 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 201.05: 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.
f) Theft or embezzlement of public funds or property.
201-3
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
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 201.02, 201.04 or failure
to comply with a resolution of the Council.
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.
Section 201.06: PENALTIES. The first violation of a provision of this Ordinance shall
constitute a petty misdemeanor. Any subsequent violation shall constitute a misdemeanor.
Updated: 3/18/94,4/17/09
Updated:12/2013
201-4