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6.6. SR 03-11-2013 Cit/of Elk - River REQUEST FOR ACTION TO ITEM NUMBER Mayor and City Council 6.6 AGENDA SECTION MEETING DATE PREPARED BY Work Session March 11, 2013 Cal Portner, City Administrator ITEM DESCRIPTION REVIEWED By Council Roles, Conduct, and Public Hearings REVIEWED BY ACTION REQUESTED Review policies and discuss Council Liaison roles,meeting conduct,and public hearing process and provide direction as desired. BACKGROUND/DISCUSSION A few months ago, a Council Member asked to discuss the role of members serving as liaisons to city commissions. With the recent addition of two new Council Members it is a good time to review existing policies and discuss/clarify council roles or conduct if needed. Council Liaison Attached is the Advisory Board and Commission Policy. The policy includes a brief Council Liaison description (#12). Also attached are two sections from the City of Prior Lake Mayor and Council Member Bylaws. Council Code of Conduct The Council Guidebook contains information on pertinent state statutes regarding the Minnesota Open Meeting Law, Conflict of Interest, Gift Law, and Contracts. We have recurring comments regarding a formal Code of Conduct. The Council discussed in 2010 and took no further action. Attached is a template from the League of Minnesota Cities and two policy areas from Prior Lake, Statement of Ethics and Commendation and Censure. Public Hearings With new members on the Council,it is a good time to discuss the Public Hearing process to ensure an orderly process. The city has no formalized process and one may not be needed,however it may be helpful to discuss the process. ATTACHMENTS • Advisory Board and Commission Policy • City of Prior Lake Mayor and Council Member Bylaws,Liaison excerpt • Elk River Star News Article 6/8/12 • Elk River City Council Minutes 3/8/10 • Template Code of Conduct,LMC • City of Prior Lake Mayor and Council Member Bylaws, Statement of Ethics excerpt • City of Prior Lake Mayor and Council Member Bylaws, Commendation and Censure excerpt • City of Prior Lake Mayor and Council Member Bylaws, Public Hearing Format excerpt p0NERID 0y NAWREI Adopted by Council August 2,2004 j Revised 2011 O City of Ells River ADVISORY BOARD AND COMMISSION POLICY Document Purpose The Council is directly responsible for the actions of its advisory boards and commissions and this policy serves to provide guidance to those bodies. It is hoped that through this policy the expectations of the Council,with respect to its advisory boards and commissions will be clearly understood and followed. The Councilmembers welcome any request for discussion or clarification of information that is contained or thought appropriate to be contained in this policy. The goals of the Council are better communication with its advisory boards and commissions and better service to the citizens of Elk River. Creation of Advisory Commissions and Independent Commissions State statutes govern the creation of Council advisory commissions. These commissions are authorized to exercise all duties which the Council has legally assigned to them. They are frequently authorized to conduct investigations and make recommendations. It should be remembered, however,that advisory commissions may not make decisions on behalf of the Council. In many cities,it is routine practice for the Council to accept an advisory commission recommendation if the commission has done a thorough and competent job. It must be emphasized,however, that it is the Council's final decision on the matter and not simply the commission recommendation which is effective to bind the municipality. No recommendation of any advisory commission takes effect unless it has been adopted by formal action of the Council. These advisory commissions may be organized in any manner deemed appropriate by the Council. The Council may create and dissolve them,appoint persons to serve on them, and exercise powers of general supervision over them.A Planning Commission,however, must be established by ordinance (per Minnesota Statutes, Sections 462.351-462.365) and, once established, may be dissolved only by an ordinance,which passes, by a 2/3-majority vote of the Council. There are several differences between independent commissions and advisory commissions. State statutes establish most independent boards and commissions and give them some discretionary powers. Advisory commissions conduct studies and investigations on behalf of the council, and submit reports and recommendations for council consideration. Advisory commission decisions do not take effect until the council has accepted the decision by passing an ordinance or resolution. Advisory Commissions The Elk River City Council currently has five standing advisory commissions. They are: ■ Heritage Preservation Commission ■ Planning Commission ■ Ice Arena Commission ■ Energy City Commission. ■ Parks and Recreation Commission Page 1 of 8 Independent Commissions Minnesota statutes authorize the Council to create independent citizen boards and commissions. The amount of discretionary power the Council can give to such bodies varies. The City of Elk River has the following four: • The Economic Development Authority (EDA) is established as authorized by Minnesota Statutes, Sections 469.090-469.108, to include,but not be limited to, promoting commercial and industrial growth and development in the City of Elk River. • The Housing and Redevelopment Authority (HRA) in and for the City of Elk River was created by an act of the Legislature of the State of Minnesota entitled the "Municipal Housing and Redevelopment Act,"Minnesota Statutes, Sections 469.001-469.089. The HRA may not transact any business or exercise any powers until the Council,by resolution, finds the city has substandard, slum, or blighted areas that cannot be redeveloped without government assistance; or,has a shortage of decent, safe,and sanitary low-income dwellings. • The Elk River Public Library Board of Directors is established as authorized by Minnesota Statutes, Sections 134.07-134.15. • The Utilities Commission is established as authorized by Minnesota Statutes, Sections 412.321-412.391. This statute gives the Utilities Commission all discretionary authority necessary to operate the utilities. This Advisory Board and Commission Policy applies to each of these groups as appropriate and as permitted by the laws and ordinances that establish them. Nothing in this policy is intended to supersede any provision in state law or city code. To the extent that there is any conflict between state law or city code with the provisions of this policy, state law or city code shall prevail. Nothing in this policy is intended to limit, expand, or otherwise modify the authority given to city boards and commissions by state law or city code. Commission Organization and Procedures I. Applications All applicants,including board and commission members who are seeking reappointment, must complete an"Application for Appointment to City Board or Commission"and submit the application to the City Clerk by the deadline date. 2. Notification of Openings Except for openings filled by Mayoral appointment,board and commission expirations and vacancies will be advertised in the Elk River Star News, The Current newsletter,ERtV 12, and the city website. 3. Appointments The Council will review all applications.Applicants will be interviewed by the City Council to make board and commission appointments and reappointments. Page 2 of 8 4. Vacancy Board and commission applications will be kept on file for one year. If a vacancy occurs during the year,the Council may make an appointment from the applications on file. Vacancies in commissions are filled for the remainder of the unexpired term. 5. Terms Beginning in March Planning Commission, Parks and Recreation Commission, Utilities Commission, Heritage Preservation Commission,the Ice Arena Commission, and the Energy City Commission terms run from March 1 to the last day in February in any given year The term of office is for three years as provided in the governing ordinance and is designated by the Council at the time of the appointment. If the appointment is to fill a vacancy for an unexpired term,the appointment is for the balance of the term. Interviews for these annual term expirations will be held in January or February so that terms can begin on March 1. 6. Terms Beginning in January HRA, EDA, and Library Board terms run from January 1 to December 31 in any given year.The Mayor,upon approval of the Council, shall make appointments to the HRA, EDA, and Library Board.The term of office for the HRA is five years, six years for resident members of the EDA, and three years for members of the Library Board as provided in the governing ordinance and is designated by the Council at the time of the appointment. If the appointment is to fill a vacancy for an unexpired term,the appointment is for the balance of the term.The Mayor shall decide whether or not to advertise for these positions. 7. Residency Applicants to the Parks and Recreation Commission and Ice Arena Commission, do not need to reside in Elk River. However,it is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. (Ord. No. 03-001, 03-002, 03-003).Applicants to the Library Board are to reside within Sherburne County. Residency is not a requirement to be a member of the Energy City Commission. 8. Officers Each standing advisory commission shall elect officers as stated in their By-laws or in the governing ordinance. 9. By-laws or Rules of Procedure Each commission shall adopt By-laws or Rules of Procedure governing its work and these By-laws should be reviewed every three years. 10. Resignation Voluntary resignations from a commission should be communicated by letter from the person resigning to the Mayor or City Clerk. Page 3 of 8 1 1. Orientation It shall be the responsibility of the Chair or his designee to provide to each new member as soon as possible after that member's appointment, a copy of the commission's current By-laws or Rules of Procedure, a membership roster, minutes of meetings from the last three months,this Appointment Policy, and any other information necessary to the orientation of new members.A formal orientation of newly appointed commission members shall take place during the month of March or April. 12. Council Liaison The Mayor shall appoint one Council Member as an ex-officio member without voting rights to each of the following commissions: Planning Commission, Parks and Recreation Commission, Heritage Preservation Commission, and the Library Board. The Council Member shall serve as liaison between the Council and the commission for a determined length of time established at the time of appointment. 13. Scheduled Meetings The commissions shall meet as stated in their respective By-laws and governing ordinance, and meet as necessary to fulfill the objectives of the commission. Meetings shall be governed and operated pursuant to the By-laws of the Commission and Robert's Rules of Order,Newly Revised Ninth Edition. Meetings are subject to the Open Meeting Law. Dates, time,and place of meetings shall be published in the City Newsletter, and posted on the City's Principal Bulletin Board located in the entryway of City Hall. Notice shall be published in the City's Official Newspaper if stated in the governing ordinance. The Open Meeting Law applies to "any committee, subcommittee, department,board or commission" of the City. 14. Special Meetings Meetings of commissions held for a specific purpose outside of their regularly scheduled meetings must have a special meeting notice posted on the City's Principal Bulletin Board in the entryway of City Hall 72 hours in advance of such special meeting,in accordance with state law. Special meetings may be called in accordance with the By-laws established by each Commission. 15. Attendance Commission members are asked to regularly attend all meetings. A standard commission attendance form shall be used by all commissions for the commission secretary to record attendance.The Chair or their designee shall forward the attendance record to the City Council at the end of June and December for the Council's review of the attendance of members of city commissions. Excessive absenteeism, excluding illness or necessary travel,is cause for removal of a commission member. Three unexcused absences within a calendar year will be considered as a resignation from the commission. Commission members should notify the staff liaison or Chair of planned absences prior to the meeting missed. Page 4 of 8 16. Removal From Office EDA and HRA The City Council may remove an EDA or HRA commissioner when in its judgment the public welfare will be promoted by removal. Causes for removal include, but are not limited, to inefficiency, neglect of duty, or misconduct in office. The commissioner must be given a copy of the charges at least 10 days prior to a hearing at which the commissioner has an opportunity to be heard in person or by counsel. The Council may temporarily suspend a commissioner until the hearing process. The commissioner shall immediately be reinstated if the charges have not been substantiated.When a commissioner is removed,a record of the proceedings shall be filed with the city clerk (MN Statutes 134.09, 412.111, 469.010). All Other Commission/Board Members The Council may remove any commission/board member when in its judgment the public welfare will be promoted by the removal. (MN Statutes 412.111) All commission and board members should be aware that criminal penalties may apply depending on the nature of the violation. 17. Acting as a Private Citizen A commission member testifying before the Council as a private citizen should clearly note before testimony that he/she is not representing the advisory commission on which they serve. 18. Compensation and Expenditures Commission members shall serve without pay with the exception of members of the EDA and Utility Commission; state statute allows compensation. Members of some commissions may be reimbursed for actual expenses incurred while performing duties as a commission member as stated in the governing ordinance. 19. Minutes Staff will be provided by the City to take minutes for the advisory commissions.All such minutes are matters of public record and shall be kept at City Hall. The minutes should contain an accurate report of the sequence of events and names of citizens who appear and are heard. 20. Staff Liaison A staff liaison is provided for each commission. The purpose is to provide direct information to each commission regarding City policy and practices within its area of interest. Commission members do not have the authority to direct staff personnel. Any commission recommendation for modification of City policy and practices should be directed to the Council. (see Commission Requests to Council) 21. Work Sessions The Mayor and Council may hold an annual goal-setting work session with board and commission members, as well as other meetings when circumstances dictate. This work session serves as an opportunity for open dialogue regarding matters of mutual concern and to address issues that may have budgetary or policy impacts. Page 5 of 8 22. Training Board and commission members are allowed on a voluntary basis (mandatory for Planning Commissioners) to attend training courses, meetings and conferences offered by the city, state, and other governmental units and agencies subject to availability of funds. Involvement in relevant professional organizations as a member is also encouraged. Planning Commissioners must attend,within their term, at least one State Planning Annual Conference. Planning Commissioners are strongly encouraged to annually attend other training opportunities afforded them. 23. Subcommittees From time to time, the Council may appoint subcommittees of certain commissions in order that special attention is concentrated in specified areas.At the same time, the Council also wants the opinion of the commission regarding each subcommittee's recommendations. Each subcommittee should submit any report or recommendations,intended for the Council, first to the commission for review and comment. Such review and comment should take place at the next regularly scheduled meeting of the commission. If it does not,the report or recommendation of the subcommittee shall be forwarded to the Council without commission consideration. The subcommittee report or recommendation,together with the commission's comments, should be submitted to the Council at its next regularly scheduled meeting. As in the case of commission presentations, a spokesperson for the subcommittee should attend the Council meeting and be prepared to make a presentation and answer questions. The commission is free to appoint subcommittees of their membership as the commission sees a need. Council Requests to Commissions From time to time, the Council will refer items to commissions for recommendation. The purpose of such a referral is to assist the Council in gathering all pertinent facts. The request will be referred to the commission in writing by the Mayor and will include a specific time period to complete the study. The Council would request a written report from each commission with regard to each such referral. The report should set forth all the pertinent facts and detailed recommendations from the commission. The report should be submitted to the City Clerk the Wednesday before the Council meeting so that it may be included on the agenda. Any time a commission report comes before the Council, one representative of the commission should be present to make a presentation and answer questions. In the event there is a difference of opinion on the commission, a minority report written by the commission may be presented in the same manner. Page 6 of 8 Commission Requests to Council Any commission request or recommendation for Council action should be communicated by letter from the Chair to the Mayor,giving a full explanation of the background of the matter.Along with the letter, the commission should submit or refer to the pertinent portion of its minutes on the subject. The letter to the Mayor should be delivered to the City Clerk on the Wednesday before the Council meeting.A presentation for commission should be made by a representative from the commission. A minority report may also be presented. Communications With Those Other Than the City Council The Council believes that there is some potential for misunderstanding regarding communications with persons and governmental units or agencies other than the City Council of Elk River. In order to prevent a misunderstanding,it is essential that members of commissions understand and observe appropriate policies and practices in this regard. The Council alone has the responsibility and authority to adopt the decisions,policies,and recommendations of the City of Elk River. The Council values the opinions and advice of its commissions and invites the communication of the same to the Council. The Council will take such opinions and advice into account in formulating the City's official position.Any such communication,which purports to, or has the effect of communicating an official City position or decision, should be submitted to the Council for prior approval. Other types of communications,which are purely informational and do not involve unresolved questions of City policy,may be disseminated without prior Council approval. This method of proceeding does not preclude a commission from gathering such information as may be pertinent to its activities. Commissions are free,without prior Council approval,to make inquiries and to give necessary background for such inquiries, but careful consideration must be given that these communications cannot be reasonably construed as statements of official City policy and opinion. Page 7 of 8 ELK RIVER BOARDS AND COMMISSIONS Board/Commission Term Length Residency Number Other Issues Requirement of Members Mayor/Council Jan 1—Dec 31 (4 yrs) Elk River Resident 1 mayor 4 council Planning Commission Mar 1 —Feb 28 3 yrs) Elk River Resident 7 members Parks and Recreation Mar 1—Feb 28 (3 yrs) Preference given to 7 members Commission city residents,but residency by itself shall not be a disqualification. Utilities Commission Mar 1 —Feb 28 3 yrs) Elk River Resident 3 members 1 Councilmember Heritage Preservation Mar 1—Feb 28 (3 yrs) Elk River Resident 5-members 1 Sherburne County Commission Historical Society member if available Ice Arena Commission Mar 1 —Feb 28 (3 yrs) Preference given to 7 members 1 Youth Hockey city residents,but 1 School Dist. residency by itself 1 Park&Recreation shall not be a 1 Councilmember disqualification 2 Public 1 Elk River Skating Club Economic Development Jan 1—Dec 31 (6 yrs) Elk River Resident 7 members 1 Mayor Authority(EDA) Length of council term 3 Councilmembers for Council/Mayor 3 Residents Housing and Jan 1—Dec 31 (5 yrs) Elk River Resident 5 members 1 Councilmember Redevelopment Length of council term 4 Residents -Authority HRA for Council/Mayor Library Board Jan 1—Dec 31 (3 yrs) Sherburne County 5 members 3 term maximum Resident 1 Member may be a member of the city council. Energy City Commission Mar 1—Feb 28(3 yrs) Residency not 15 1 Member from the City necessary. members Council; 1 member from the Elk River Municipal Utilities; Up to 6 Members from energy related businesses as determined by the Council;1 Member designated by ISD 728;1 Member designated by Sherburne Cty Brd of Commissioners; 1 member from the EDA; 1 member from the ER Chamber of Commerce; 1 member from Suburban NW Builders Assoc.; 1 member from Elk River Landfill;1 member from an environmental group. This Commission will expire on 12/31/2010 unless upon evaluation the Elk River City Council decides to maintain. Page 8 of 8 i le U [�7 CITY OF PRIOR LAKE, MINNESOTA IN10-so' Mayor and City Council BYLAWS 1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the City Council shall appoint a council member to serve as a liaison to the Advisory Committees listed in Section 1001.3. The role of the liaison is to act as a conduit and resource for information by and between the Council and the Planning Commission or Committee. The liaison shall make periodic reports to the Council on the activities of the Planning Commission or committee. The liaison shall not participate in the discussion or deliberation of any matter pending before the Planning Commission or Committee, except where the Planning Commission or committee is meeting in a study or work session. The Planning Commission or committee may, at its discretion, ask the liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The liaison shall never use this occasion as an opportunity to communicate their personal position on the matter under consideration. The liaison shall communicate any Council input on a particular issue. A liaison may always testify or submit comments at a public hearing in their capacity as a private citizen as long as they make clear at the beginning of their testimony or in their written comments that they are speaking on their own behalf and not on behalf of the Council. Code of conduct policy warranted for Elk River City Council I Star News http:Herstarnews.com/2012/06/08/code-of-conduct-policy-warranted-... erstarnews.CoM http://erstarnews.com/2012/06/08/code-of-condLiCt-DOlicy-warranted-for-elk- rive r-city-co u ncil/ Code of conduct policy warranted for Elk River C ily 9- Council By Star News on June 8, 2012 at 10:13 am I would like to express my concern for recent activities by the City Council. There have been numerous cases in which the City Council has shown little regard for the city's staff. Some of those members have not realized that they are there to represent their constituents, not to cast their own opinions without respect for others. Over the past three years I have seen many talented city employees leave just to join other cities (some competing in a sense for the same types of growth and community experience we are trying to achieve). These were individuals who gave many years of service, only to be rewarded with disrespect. We continue to see this exodus and at some point we have to look at what is causing this to happen. I do speak from experience; I had the privilege to serve four years on the Planning Commission. It is Elk River's loss and at some point it has to stop. It's embarrassing! The council has no right in asking for changes in city staff without merit. Most of these actions were based on personal opinions and/or biases. When statements calling for someone's firing are made and not reiterated by others, an investigation of those statements should be conducted. We have to be responsible for what we say and do, and that goes for the City Council, too. Back in 1993, a proposal from then-Mayor Duitsman noted, "He felt it was important that the City of Elk River has a code of conduct" (Mayor Dietz was on the council and had no disagreements at that time). Then again in 2010 Mayor Stephanie Klinzing had the courage to bring this up, only to be met with lots of push back from the now-serving council members. It was said by a few members that they believed the City Council was held to certain "unwritten rules." It is apparent that this is not the case because it continues to occur. Have the courage to make the change and hold yourselves responsible for your actions. As an Elk River resident I expect that of you all. I will echo the recent comment by Council Member Westgaard, "I think it's baloney"! I am hoping that Mayor Dietz will take this opportunity to react in an appropriate manner and follow Stephanie, and many other cities around the state, to implement a long-awaited policy. Anything less than that will tell us all it will be a long, bumpy road ahead. Bottom line here is this: If you want to criticize and hold others to a high standard then you must be willing to hold yourself to the same. — Troy Ives, Elk River 1 of 2 06/08/2012 4:06 PM City Council Minutes Page 2 Match 8,2010 Mayor Klinzing distributed a City Council Code of Conduct that she drafted. She indicated that she used codes from other cities and the League of Minnesota Cities'information as a guide. Councilmember Zerwas stated he has no interest in having a City Council Code of Conduct at this point. He added that if he were interested it would be in having a much shorter code than the one distributed. Councilmember Motin indicated he is not in favor of a formal code. He explained that he believes Councihnembers are already held to the standards outlined in the document and that a formal written code it not necessary. He stated that one example of where the code of conduct may have lapsed is with the Random Acts of Kindness campaign. He stated that it was a good program but he believes it made the Council look bad. He expressed concern that the campaign was promoted to the media before the City Council had discussed it. Mayor Klinzing explained the campaign was not a city-sponsored event and that the City Council was only asked to approve a proclamation of support. She added that the Council has been asked to approve proclamations from many community organizations. Councilmember Westgaard indicated that lie is not in favor of additional policy. He added that he agrees with Councilmember Motin that Councilrnembers are already held to unwritten rules similar to the Code of Conduct. Mayor Khrizing stated it is better to operate under written guidelines for liability reasons. Councilmember Motin indicated that from an attorney standpoint, the liability could increase if written rules are approved. Councilmember Gumphrey asked for an example of liability. Mayor Khrizing indicated one Councilmember attempting to directly supervise or ditect employees,without Council consent or direction,may create unintended legal liability for the Mayor or City Council members. Mayor Khrizing added that it is important for staff to be aware of this and understand that the Mayor or individual Council members should only be giving advice to employees. Councilmember Morin stated he does not believe a written Code of Conduct needs to be approved to make staff aware of that fact. Mayor Klinzing questioned if this is a governance model that the Council agrees with. Councilmember Motin indicated he agrees to the extent that the Council is governed by state statute. He added that once a Councilmember is elected he/she should be aware this is how they should act. Councilmember Gumphrey concurred. It was the consensus of the Council to not adopt a Code of Conduct at this tune.The Council discussed a board and commission Code of Conduct. Councilmember Zerwas stated he is not in favor of formal codes. He would like to review the board and commission handbook for new commissioners that is currently in place to see if it can be modified. Mayor Klinzing expressed interest in adding consequences for inappropriate actions to the board and commission information. Councilmember Motin asked that this information be discussed at the May worksession. Ms.Johnson noted that consequences for some board and commissions are governed by state statute.The Council asked staff to provide this information to them as well. i Template Code of Conduct .01. Purpose. The city council of the City of determines that a code of conduct for its members, as well as the members of the various boards and commissions of the City of , is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens of in their government and to encourage its citizens to serve on its council and commissions. .02. Standards of Conduct. Subd. 1. No member of the city council or a city board or commission may knowingly: a. Violate the open meeting law. b. Participate in a matter that affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification,profession, or occupation. c. Use the person's public position to secure special privileges or exemptions for the person or for others. d. Use the person's public position to solicit personal gifts or favors. e. Use the person's public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person's performance of official action, or be intended as a reward for the person's official action. g. Disclose to the public, or use for the person's or another person's personal gain, information that was gained by reason of the person's public position if the information was not public data or was discussed at a closed session of the city council. h. Disclose information that was received, discussed, or decided in conference with the city's legal counsel that is protected by the attorney-client privilege unless a majority of the city council has authorized the disclosure. i. Represent private interests before the city council or any city committee, board, commission or agency. (optional) Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 . 3. Complaint, Hearing. Any person may file a written complaint with the city clerk alleging a violation of the standards of conduct in section .02. The complaint must contain supporting facts for the allegation. The city council may hold a hearing after receiving the written complaint or upon the council's own volition. A hearing must be held only if the city council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The city council's determination must be made within 30 days of the filing of the allegation with the city clerk. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the city council's determination. At the hearing, the person accused must have the opportunity to be heard. If after the hearing,the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 U CITY OF PRIOR LAKE, MINNESOTA ylINNE5C}'4e. Mayor and City Council BYLAWS SECTION 1300: STATEMENT OF ETHICS 130.1: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperly to advance personal interests. The City Council of Prior Lake has pledged the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1301.1 The City of Prior Lake finds that the proper operation of democratic representative government requires that: • Elected and appointed officials be independent, impartial and responsible to the people; • Governmental decisions and policy are made in the proper channels of the governmental structure; • Public office and position not be used for personal gain; and • The public have confidence in the integrity of its government. 1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by: • Creating transparency in its actions through honest and open communication; • Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community; • Supporting the public's right to know the public's business; and • Exercising fairness, optimism, responsiveness and respect in communicating with the public. • Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. i NI 1C0unci1\By1@wsV ity Council Bylaws Revised June 2012.doc 20 i 1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 1OA, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. i 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 1306 A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 1306.3 Any council member shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. 1307: The purpose behind the creation of a rule, which would disqualify public-officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests. M\Council\B Maws\Oily COMICII By`aw s Revised,.3une 2.0'12.doc 21 p� P1R,T� U �y CITY OF PRIOR AK a TA INNES0V Mayor and City Council BYLAWS SECTION 1400: CITY COUNCIL RECOGNITION 1401: COMMENDATION AND CENSURE: To the extent allowed by law, the City Council desires to encourage appropriate behavior and discourage inappropriate behavior among its members. The City Council, as a body, may by motion and four-fifths (4/5) vote, commend or censure one of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public commendation for the exercise of positive leadership, community vision or other actions considered meritorious by the City Council. 1401.2 Censure: A member may receive a public reprimand for failure to conform to any provisions of these bylaws, state statute, misconduct at meetings, violating confidentiality or the attorney-client privilege, absenteeism, disloyalty, a violation of the standards of ethics or violating other value the City holds dear. The purpose of the censure is to reprimand a council member with the hope of reforming him or her so that he or she won't behave in the same way again. A motion to censure is amendable, debatable, requires a majority vote and cannot be reconsidered. G i a U ter CITY OF PRIOR LAKE, MINNESOTA i Mayor and City Council BYLAWS SECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the agenda item that is the subject of the public hearing. 901.2 It is the intent of the City Council to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The Council may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 901.3 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 901.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the City Council members if they have questions of the staff or consultant. 901.5 The presiding officer requests a motion and second from a member of the Council to open the public hearing and calls for a vote. 901.6 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 901.6.1 Members of the public, interested parties or their authorized representatives may address the City Council orally. If the speaker intends to present written or hard copy materials to support their presentation to the Council, they must provide the staff, at the time of their presentation or before, nine (9) copies of the original for distribution to Council members; the City Manager, City staff and the Recording Secretary. The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation to the Council, such materials must be in an electronic format that is compatible with the City's existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials must be submitted to the staff by 12:00 p.m. noon of the day of the meeting. 901.6.2 If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Nine (9) copies of the comments and materials must be submitted to the City staff prior to the Council meeting. The comments and materials will be distributed to Council members, the City Manager, City staff, and the recording secretary. The written comments and materials will become part of the record, but will not be read aloud at the meeting 901.6.3 Recorded testimony if unable to attend a meeting. Members of the public, interested parties or their authorized representatives may submit testimony to the City Council using a prerecorded audio or video communication. An audio or video communication must be in an electronic format that is compatible of being viewed or listened to on the City's existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The author of the recorded testimony must provide nine (9) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and presentation and summary prepared by the staff will be provided to the City Council as part of their Council agenda package. The audio or visual communication may be used by individual Council members in preparation for the Council meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Council agenda packages are distributed to members of the City Council on the Wednesday preceding the meeting. 901.7 After all persons have been heard, the presiding officer will ask twice whether there are any other persons in attendance who want to be heard on the matter pending. If there is no other testimony, the presiding officer requests a motion. There are two possible motions, seconds and votes: • A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed. The presiding officer announces, for the record, the time the public hearing is closed; or • A motion and second to continue the public hearing to a date certain. The presiding officer, in consultation with the City Manager and Council members, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later specified date. No public hearing may be continued more than once without re-notice, publishing the time, date, location and subject of the public hearing. 901.8 The City Council addresses the subject matter through deliberation. The Council may ask questions of the staff and City Attorney. If the public hearing has been closed Council members should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a "yes" or"no" response. The presiding officer will call upon each member of the Council for their comments and reaction to information received from the staff presentation or public hearing comments. 901.9 If the public hearing has been closed, rather than continued until a date certain, the City Council may take action on the subject matter.