99-033 ORDORDINANCE NO. 99- 33
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 218
OF THE CITY CODE OF ORDINANCES,
ENTITLED "PERSONNEL ORDINANCE",
AND AMENDING THE CITY CODE OF ORDINANCES
BY ADOPTING NEW SECTION 220,
ENTITLED "CONFLICT OF INTEREST"
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 218 of the City of Elk River Code of Ordinances, is hereby
amended to read as follows:
Section 218-Personnel Ordinance.
218.00-Policies and Administration
The City Council may adopt and amend personnel policies and procedures
from time to time. The City Administrator is authorized and directed to
administer such policies in accordance with the Administrator's" statutory
responsibilities and the adopted policies.
218.02-Hiring Authority and Procedures
The City Council shall have authority to make the final hiring decision on
all new employees. The hiring process shall be administered by the City
Administrator and shall be in accordance with all applicable state and
federal laws.
218.04-Criminal History Checks
1. Applicants for Employment with the City shall be subject to a
Criminal History Check.
Criminal History Checks shall be performed by a Certified Records
Specialist at the direction of the City Administrator or his or her
designee.
o
An Applicant for Employment shall be advised of the need for a
Criminal History Check and the rights of the Applicant for
Employment under law, if any, with respect to such checks. A copy of
such rights shall be executed by the Applicant for Employment and
o
forwarded to the Certified Records Specialist with the request for a
Criminal History Check.
The City will not disqualify an Applicant for Employment solely or in
part because of a prior conviction of a crime which is not directly
related to the position of employment, the City shall consider:
a. The nature and seriousness of the crime for which the Applicant
for Employment was convicted;
b. The relationship of the crime to the purpose of regulating
employment with the City;
The relationship of the crime to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of
the position of employment.
If the City determines that the crime for which an Applicant for
Employment was convicted is directly related to the position for
employment sought pursuant to 4 above, the Applicant for
Employment will not be disqualified if the Applicant for Employment
shows competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the position, as set forth in Minn. Stat.
364.03, subd. 3.
If the City determines that an Applicant for Employment is
disqualified from the position solely or in part because of the prior
conviction, the City shall notify the Applicant for Employment in
writing of the following:
a. The masons for the disqualification;
bo
That the City will initiate a contested case heating under the
Administrative Procedure Act, Minn. State. 14.57, et. Seq., upon
the request of the Applicant for Employment.
c. The earliest date the person may reapply for a position with the
City; and,
Pursuant to Minn. Stat. 364.09(a), parts 4, 5 and 6 above shall not
apply to the practice of law enforcement or to fire protection agencies.
The provisions of this section shall not be deemed to be a limitation on
the scope of background checks and such checks may be as broad as
the City deems reasonable and prudent in a given circumstance within
the limits of state and federal laws and regulations.
218.06-Pay Resolution and Compensation Plan
The City Council shall adopt and amend, from time to time, a Pay
Resolution and Compensation Plan, in accordance with federal and state
laws. ,
218.08-Indemnificati on
The City shall defend and indemnify its officers and employees for
damages claimed or levied against them, to the extent required by state
law.
Section 2. The City of Elk River Code of Ordinances is hereby amended to add
thereto new Section 220, as follows:
Section 220-Conflict of Interest.
220.00-Policy
The credibility of the local government rests heavily upon the confidence
which citizens have in public officials and employees to render fair and
impartial services to all citizens without regard to personal interest and/or
political influence. Thus, City officials and employees must scrupulously
avoid any activity which suggest a conflict of interest between their
private interests and City responsibilities. Officials and employees of the
City, or their family members, shall not engage or have financial interest
in any business or other activity which could reasonably lead to a conflict
of interest with the official's or employee's primary City responsibilities.
"Family members" of an official or employee shall be deemed to be the
official or employee's spouse, parents, children, siblings, father-in-law,
mother-in-law, brothers -in-law, and sisters-in-law and the lineal
descendants of any of them. Examples of activities which are not in
accordance with this policy include, but are not limited to, the following:
1. Entering into any sale, lease or contract in violation of
Minnesota Statutes, Section 471.87-471.89;
2. Acceptance by a local official of any gift from an interested
person in violation of Minnesota Statutes, Section 471.895;
o
Activities which require the official or employee to interpret
City codes, ordinances, or regulations which such activity
involves matters with which the official or employee has
business and/or family ties;
Consulting activities carded out within the City if such
consulting involves talents or skills primarily related to the
official's or employee's City work responsibilities;
5. Using an official's or employee's authority, influence, or City
position for the purpose of private or personal financial gain;
6. The use of city time, facilities, equipment, or supplies for the
purpose of private or personal financial gain;
7. Entering into a business transaction when it involves using
confidential information gained in the course of employment;
o
Accepting other employment or public office where it will
affect the official's or employee's independence of judgment or
require use of confidential information gained as a result of
City duties;
9. Conducting personal business while working regularly
scheduled hours; and
10. Accepting rebates or procuring any financial gain through the
bidding process or employment of outside personnel; and
220.02-Enforcement
Any official or employee engaging in any activity involving either an
actual or potential conflict of interest or having knowledge of such activity
by another official or employee shall promptly report the activity to the
City Administrator, or if such activity be by the City Administrator, to the
Mayor. The City Administrator or Mayor shall investigate the matter and
make a determination as to whether or not an aCtual or potential conflict
exists. If the City Administrator or Mayor determines a conflict exists, it
shall be presumed that the continuation of the practice would be injurious
to the effectiveness of the official or employee in carrying out his/her
duties and responsibilities. In such cases the official or employee shall
immediately terminate the conflicting activity or be subject to termination
of employment or removal from office.
220.04-Officials
For the purposes of this Section 220.04, the term "official" shall include
all elected and appointed officials of the City including, but not limited to,
the City Council, the Economic Development Authority, and the members
of the Boards and Commissions established by Chapter 11 of the City Code
of Ordinances. "Employee" shall include any individual employed by the
City on a full or part-time basis.
220.06-Elections
No elected official shall require, either directly or indirectly, any
employees of the City to campaign on his/her behalf as a condition to
employment. No employees shall use City time or resources in promoting
or advocating the election of any individual.
220.08-Applicability
Nothing in this policy is intended to violate, supersede, or conflict with
any applicable state or federal law regarding conflicts of interest in public
employment or disclosure requirements.
.Section 3. This Ordinance shall take effect upon its adoption and publication as
provided by law.
Adopted this 20thday of December
Stepha~hie A. Klinzing ~ I
Mayor
GP:656622 vl
1999
City Clerk
Affidavit Of publication
Emp
b.Th
purp
with t
C:. The rellltio
."a,hiUty,.ctlPW1"
to perform the d ~isch~rge
. the reapot).f!ibili les ,posit;on 'pf j
erqplo}rinent. . . " . . .
. 'p. If tU!l City detepnineEl that the .
crime fOJ-which an Applicant for
lQyinent was convicted is directly
re d to the position for emploYIpent ,',
,soqght pursuant to 4'a.bove. the,'
Applicant for Employment shovvEl co~" ·
p~tent evidenc!l of s nt r~habih-
ta.tiona.nd present.fi to
the duties of the osition~ al;l
in Minn. Sta
6. If '
Appl
fied,
he"a.
City
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
S \ i1..Clb-etn IDf r\S
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth<;lr applicable
laws, as amended. l\ \ I
(B)Theprinted U'( cU f\C\JY\tJL ct.9 -' -:i3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for \ suc-
cessive weeks; it was first published on Wednesday, the c29=:tn
day of kc -t'Xn \)ey ,19..99-, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy ofthe lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
BY:
TITLE:
.
RATE INFORMAT
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$4t,/,~~
$ ::l89.91
$ B-S9.9/
~2J8.06:PiW-'~ '~tlesol(ltion "<, , ana' 1
COlIlpensation Plan,
" The City Council shilll adopt and
a:Q'leIld, from time to time, a Pay
nd ensation Plan, in
Wi " lind state
p oyees ,
y activity
t ofinterel3t betWeen their ,
eljts and city responsiQil~ '
sand l!nlployeell of the
, 'faIJ:lily lIliilIJ:lberl3, shaU,
or hlivefinanclj;ll iIlterest I
in anyuslnesl3' or other aQtivity which
could rea~lOmlb,ly lead to a conflict of
interel3t with the officia1's or employ-
ee's, primary City responsibilities;
"FamHy mllmbers" of an, official or
yee ,shliU b,e deemed to be the
loy-ee's spouse, parents,
.in.law,'moth-
, and sist,8II's-
ants of'
Sta ,
2, Acceptance b,y a local offici8;l of. any ,
gift from an interested person m Vl~la~
tion ' of Minnesota Statutes, SectlOn
47U\95; '. . I
tivities which reqUlre the offic1a ,
" ployee to interpret Cit~ codes,
ea, or regulations w!:llch s~ch ,
,involves IJ:latters With which
cial or employee has business
arid/or family ties; . "
4. Consulting activities carned, ~ut
, within' . the City if sUllh, cQn~ultl~g ,
talerits or skills prull,anly
, . ' aI's or' ' lQyee's
Hities
aCl ities;
eq supplies for the purpose
of private or per{;!onal financial gain;
7, Enterin!l', into a business transac-'
Hon when it invqlves u!ling cop-fidel).-
tial informl;ltion gained hi the course
of employment;
'8. Accepting othl'lr employment or pub-
lic office where it will affect the offi-
cial's or employee's independence of
judgment or require the use of confi--
'dential information gained as a result
, of City duties;
9, Conducting personal business while
working regularlY, scheduled hourl3;
and' "
1-0, ates, or procuring any
'fiila hrough the biddiil,g'
~process /01' "P Oynlent of out,sidl3 Pflr~ ,
Isonnel; ap.!i , ..,.~. ",. j ".. .
222,02,Enforcement' , .
Any official or emplf,lyee engaging in
any activity involving either an actual
or potential ,conflict of interest or hav-'
ing 'knowledge of such ~ctivity by
anoth!!r official or employe!! shall
promptly report the activity to the
City Administrator, or if such activity
~' e by the City \A ,dm in istra t 01,", to the
, ayor, , The City Administrator or
ayor shall inv!!stigate I the matter
and l!1ake a d,etermination as to
whether or not an actual or potentii'll
confliCt ,exil3ts. If th!!;" City
.!\Hl!1ini~trator Or Mayo . rmines Ii.
conflict' exists, itshaU presumed
that the continuation of the praCtice
woul4 be injurious to the effectiveness
of the official or employee in carrying.
out his/her duties an4 responsibilities. ,
. In such Cases the official or employee
l;IhaUimmediately terminate the con- '
j~~~~~ ofc:~%;~:ts::~::~ale;;:~
office.' . , , " '
2
AnYQ
any acti
or PQten
ingkno ;,
anoth!!r 0 e s aU'
'promptly report the.' activity' to t4e;
City AdministratQr, or if such activity.
~ e, by th eC,ity\Ad.ministratof,to th'e
. ayor, ',The City/,Administrator or
ayorshaU " , matter'
and make n as to
whe ntial
. ,City;,
es a'
med'
that the continuation' of t e practice
would be injurious to the effectiveness
of the official or employee in carrying.
out hislher duties and responsibilities.
<;ases the, official or employee
lIlediately tel'lIlinate' the con-
ting 'vityor 'bject to termi-
plpyPl l' reIIJ,()Val from