5.2. SR 05-10-2010ITEM 5.2.
wer
TO: City Council
FROM:
DATE:
MEMORANDUM
Tina Allard, City Clerk
May 10, 2010
SUBJECT: Review of Board/Commission Handbook
At the March 8 worksession Council asked for the following:
Review the Board/Commission Handbook
2. State laws governing consequences to commissioners for certain actions
Attached is the handbook information distributed to new commissioners when their terms
begin in March. The gift, open meeting, and conflict of interest laws discuss violation
consequences.
If the Council wanted to incorporate some of the state statute language into the handbook,
the following options could be considered for the Advisory Board and Commission Policy
regarding removal from office.
Option A (Mould apply to all commissionerlboard members)
Removal; Hearing Notice
The City Council may remove acommission/board member 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
commission/board member must be given a copy of the charges at least 10 days
prior to a hearing at which the commission/board member has an opportunity to be
heard in person or by counsel. The Council may temporarily suspend a
commission/board member until the hearing process. The commission/board
member shall immediately be reinstated if the charges have not been substantiated.
When acommission/board member is removed, a record of the proceedings shall be
filed with the city clerk (MN Statutes 134.09, 412.111, 469.010).
All commission and board members should be aware that criminal penalties may
apply depending on the nature of the violation.
Or
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Option B (This option would folloav more inline with state .rtatute.r)
Removal; Hearing Notice
Economic Development Authority and Housing & Redevelopment
Authority Commissioner
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. Causes for
removal include, but are not limited to, misconduct ox neglect.
All commission and board members should be aware that criminal penalties may
apply depending on the nature of the violation.
Below are the various state law sections that reference consequences and the city's authority
for removal:
134.09 LIBRARY BOARDS.
Subd. 3.Removal of members.
The mayor with the approval of the council, or the board of county commissioners may remove any
member for misconduct or neglect.
412.111 DEPARTMENTS, BOARDS. (Under Statutory Cities Chapter)
The council may create departments and advisory boards and appoint officers, employees, and agents
for the city as deemed necessary for the proper management and operation of city affairs. The council
may prescribe the duties and fix the compensation of all officers, both appointive and elective,
employees, and agents, when not otherwise prescribed by law. The council may require any officer or
employee to furnish a bond conditioned for the faithful exercise of duties and the proper application
of, and payment upon demand of, all moneys officially received. Unless otherwise prescribed by law,
the amount of the bonds shall be fixed by the council. The bonds furnished by the clerk and treasurer
shall be corporate surety bonds. The council may provide for the payment from city funds of the
premium on the official bond of any officer or employee of the city. The council may, except as
otherwise provided, remove any appointive officer or employee when in its judgment the public
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welfare will be promoted by the removal. This provision does not modify the laws relating to veterans
preference or to members of a city police or fire civil service commission or public utilities
commission.
471.87 PUBLIC OFFICERS, INTEREST IN CONTRACT; PENALTY. (Municipal Rights,
Powers, Duties Chapter)
Except as authorized in section ~%1.1±8, 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. Every public officer
who violates this provision is guilty of a gross misdemeanor.
469.010 REMOVAL; HEARING; NOTICE. (Applies to EDA & HRA)
For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the
governing body of the municipality. The commissioner must be given a copy of the charges at least
ten days prior to a hearing at which the commissioner has an opportunity to be heard in person or by
counsel. When charges in writing have been preferred against a commissioner, pending final action
thereon the governing body may temporarily suspend the commissioner. If it is found that those
charges have not been substantiated, the commissioner shall immediately be reinstated in office. When
any commissioner is removed, a record of the proceedings, together with the charges and findings
thereon, shall be filed in the office of the clerk.
469.009 CONFLICT OF INTEREST; PENALTIES FOR FAILURE TO DISCLOSE. (EDA &
HRA)
Subdivision 1.Disclosure.
Before taking an action or making a decision which could substantially affect the commissioner's or an
employee's financial interests or those of an organization with which the commissioner or an
employee is associated, a commissioner or employee of an authority shall (1) prepare a written
statement describing the matter requiring action or decision and the nature of the potential conflict of
interest and (2) submit the statement to the commissioners of the authority. The disclosure shall be
entered upon the minutes of the authority at its next meeting. The disclosure statement must be
submitted no later than one week after the employee or commissioner becomes aware of the potential
conflict of interest. However, no disclosure statement is required if the effect on the commissioner or
employee of the decision or act will be no greater than on other members of the business, profession
or occupation or if the effect on the organization with which the commissioner or employee is
affiliated is indirect, remote, and insubstantial. A potential conflict of interest is present if the
commissioner or employee knows or has reason to know that the organization with which the
commissioner or employee is affiliated is or is reasonably likely to become a participant in a project or
development which will be affected by the action or decision. Any individual who knowingly fails to
submit a statement required by this subdivision or submits a statement which the individual knows
contains false information or omits required information is guilty of a gross misdemeanor.
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Subd. 2.Effect of disclosure.
If an employee has a potential conflict of interest, the employee's superior shall immediately assign
the matter to another employee who does not have a potential conflict of interest. A commissioner
who has a potential conflict of interest shall not attempt to influence an employee in any matter
related to the action or decision in question, shall not take part in the action or decision, and shall not
be counted toward a quorum during the portion of any meeting of the authority in which the action or
decision is to be considered. Any individual who knowingly violates this subdivision is guilty of a
gross misdemeanor.
Subd. 3.Conflicts forbidden.
A commissioner or employee of an authority who knowingly takes part in any manner in making any
sale, lease, or contract in the commissioner's or employee's official capacity in which the
commissioner or employee has a personal financial interest is guilty of a gross misdemeanor.
Subd. 4.Agent or attorney.
For one year after termination of a position as a commissioner or employee of an authority, no former
commissioner or former employee of an authority shall appear personally before any court or
governmental department or agency as agent or attorney for anyone other than the authority in
connection with any proceeding, application, request for ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or other particular matter in which the authority is
substantially interested, and with respect to which the commissioner or employee took any action or
made any decision as a commissioner or employee of the authority at any time within a period of one
year prior to the termination of that position.
Subd. S.Limitations.
With respect to each program established by the authority to provide financial assistance or financing
for real property other than rental assistance programs, an employee or commissioner may receive
such financial assistance or financing not more than once.
Subd. 6.Injunction.
The county attorney may seek an injunction in the district court to enforce the provisions of this
section.
469.098 CONFLICT OF INTEREST. (Under Economic Development Chapter)
Subdivision 1. Disclosure; criminal penalty.
(a) Before taking an action or making a decision which could substantially affect the commissioner's
or an employee's financial interests or those of an organization with which the commissioner or an
employee is associated, a commissioner or employee of an authority shall:
(1} prepare a written statement describing the matter requiring action or decision and the nature of
the potential conflict of interest; and
(2) submit the statement to the commissioners of the authority.
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(b) The disclosure under paragraph (a) shall be entered upon the minutes of the authority at its next
meeting. The disclosure statement must be submitted no later than one week after the employee or
commissioner becomes aware of the potential conflict of interest. However, no disclosure statement is
required if the effect on the commissioner or employee of the decision or act will be no greater than
on other members of the business, profession, or occupation or if the effect on the organization with
which the commissioner or employee is affiliated is indirect, remote, and insubstantial.
(c) A potential conflict of interest is present if the commissioner or employee knows or has reason to
know that the organization with which the commissioner or employee is affiliated is, or is reasonably
likely to become, a participant in a project or development which will be affected by the action or
decision.
(d) Any individual who knowingly fails to submit a statement required by this subdivision or submits a
statement which the individual knows contains false information or omits required information is
guilty of a misdemeanor.
Subd. 2. Effect of disclosure; criminal penalty.
(a) If an employee has a potential conflict of interest, the employee's superior shall immediately assign
the matter to another employee who does not have a potential conflict of interest.
(b) A commissioner who has a potential conflict of interest shall not attempt to influence an employee
in any matter related to the action or decision in question, shall not take part in the action or decision,
and shall not be counted toward a quorum during the portion of any meeting of the authority in
which the action or decision is to be considered.
(c) Any individual who knowingly violates this subdivision is guilty of a misdemeanor.
Subd. 3. Conflicts forbidden; criminal penalty.
A commissioner or employee of an authority who knowingly takes part in any manner in making any
sale, lease, or contract in the commissioner's or employee's official capacity in which the
commissioner or employee has a personal financial interest is guilty of a misdemeanor.
Subd. 4. Agent or attorney.
For one year after termination of a position as a commissioner or employee of an authority, no former
commissioner or former employee of an authority shall appear personally before any court or
governmental department or agency as agent or attorney for anyone other than the authority in
connection with any proceeding, application, request for ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or other particular matter in which the authority is
substantially interested, and with respect to which the commissioner or employee took any action or
made any decision as a commissioner or employee of the authority at any time within a period of one
year prior to the termination of that position.
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A Review of the Gift Law
By Susan Naughton
ity officials are generally prohibited
from accepting gifts, with some
limited exceptions.This article
reviews the basic requirements of
what is commonly referred to as
the "gift law"The gift law provides
that an interested person may not
give a gift or request another to
give a gift to a local official, and that
a local official may not accept a gift
from an interested person. (Minn.
Stat. § 471.895.)
Definitions. An "interested person" is
a person, or a representative of a person
or association, with a direct financial
interest in a decision the local official
is authorized to make.The gift law does
not require that there be a specific
decision involving the interested person
pending at the time of the gift. As a
result, an interested person likely includes
anyone that may at some time provide
goods or services to the city, such. as
engineers, attorneys,, financial advisors,
contractors, and sales representatives.
In addition, virtually every resident of the
city might at some time have a direct
financial interest in a decision a city
official is authorized to make, such as the
levying of property taxes, the spreading .
of special assessments, the valuation of
property for tax purposes, the issuing of
a license, the zoning of property, or the
granting of a land-use permit.
A "gift" is money, real or personal
property, a service, a loan, a forbearance
or forgiveness of indebtedness, or a
promise of future employment that is
given and received without the giver
receiving consideration of equal or
greater value in return (Minn. Stat.
§ 10A.071).
A "local official" is an elected or
appointed official of a city, or of an
agency, authority or instrumentality of
a city. Therefore, the law applies to all
mayors, councilmembers, and members
of appointed boards, commissions, and
committees of the city. In addition,
the definition of an interested person
implies that the gift law covers local
officials who are authorized to make or
recommend decisions that could impact
someone financially.As a result, the gift
law likely covers top appointed city
employees, such as managers, admin-
istrators, clerks, financial officers, and
other department heads. Other covered
employees could include inspectors and
employees who can make or recommend
purchasing decisions. Because of the
difficulty in determ;n;ng who qualifies
as a local official, it may be wise to take
the most cautious approach and simply
prohibit all city employees from accept-
ing gifts.
Exceptions. There are some excep-
tions to the gift law The following
types of gifts are allowed:
^ Political contributions.
^ Services to assist in the performance
of official duties, such as providing
advice, consultation, information, and
communication in connection with
legislation, and services to constituen .
^ Services of insignificant monetary
value.
^ A plaque or similar memento recog
nizing individual services in a field
of specialty or to a charitable cause.
^ A trinket or memento costing $5 or
less. (The $5 limit was added by the
2005 Legislature.The exception
formerly allowed for a trinket or
memento of"insignificant value.")
^ Informational material of unexcep-
tional value.
^ Food or beverage at a reception, meal
or meeting away from the recipient's
place of work by an organization
before whom the recipient makes a
speech or answers questions as part
of a program.
^ Gifts given because of the recipient's
membership in a group, a majority of
whose members are not'local officials,
if an equivalent gift is given. to the
other members of the group.
^ Gifts given by an interested person
who is a member of the family of
the recipient, unless the gift is given
on behalf of someone who is not a
member of that family.
^ Gifts given by a national or multi-
state organization of governmental
organizations or public officials (if a
majority of the dues to the organiza-
tion are paid from public funds) to
attendees at a conference sponsored
by that organization, if the gift is food
or beverage given at a reception or
meal and an equivalent gift is given
to all other attendees.
Gifts to cities. The gift law prohibits
gifts to city officials, not to cities. City
councils may accept gifts on behalf
of the city by adopting a resolution
approved by atwo-thirds majority vote
of its members, expressing any condi-
tions attached to the gift (Minn. Stat.
§ 4 5.03).
xolations. No criminal penalties are
specified in the gift law But violations
of the gift law could trigger prosecutions
for acceptance of a bribe (a felony under
Minn. Stat. § 609.42) or for misconduct
of a public official (a gross misdemeanor
under Minn. Stat. § 609.43 and a mis-
demeanor under Minn. Stat. § 645.241).
And even if prosecution is unlikely,
negative public opinion may result in _
voters voting violators of the gift law
out of office at the next election. ~
Susan Naughton is research attorney
unth the League of Minnesota Cities.
Phone; (657) 281-1232. E-mail:
snaughto @Imnc. org.
t~UGUST 2~0$ MINNESOTA CITIES 23
OPEN MEETING LAW
The open meeting law applies to "any committee, subcommittee, department, board, or
commission" of the city. With certain exceptions, all boards and commission meetings must be open
to the public.
A `meeting"is a gathering of a majority of the members of a board or commission at which official
business is discussed. It is not necessary that action be taken for a gathering to constitute a `meeting':
Serial meetings in groups of less than a quorum held in order to avoid open meeting law requirements
may also be found to be a violation, depending on the facts in the case.
Scheduling of meetings with the staff liaison will help prevent conflict with other groups over
meeting times when public participation is particularly desired.
Notice of special meetings other than regularly scheduled meetings must be posted by the chair ox
his/her designee at least three days before the meetings. The city's official bulletin board in the
entry way at City Hall has been designated fox this as well as other commission information.
Meetings may be closed only if closure is expressly authorized by statute or permitted by the
attorney-client privilege.
Intentional violations subject an individual to personal liability in the form of a civil penalty
up to $300,
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CONFLICT OF INTEREST
Conflict of interest questions arise periodically and can become complex. Generally, a legal conflict
of interest occurs when you, as a member of a commission, are slated to vote on a matter involving
you and/or a business owned by you or a member of your family by blood or marriage. You could
have a conflict of interest when the outcome could be economically advantageous to you, or to a
member of your family, or to a business owned in whole or in part by you or a member of your
family. In such cases, you have a responsibility to disclose this information to the commission you
serve and abstain from any discussion and/or vote on this matter.
In addition to the above-mentioned situations, all commission members must be aware of situations
in which there is an appearance of conflict of interest. In some cases -such as an individual's alliance
to an organization or group - a matter may be pending before the commission which will not
benefit you or a family member, but may leave doubt as to that member's ability to make an
objective determination. Although there may not be any legal preemption from voting under such
circumstances, discretion should prevail.
When these issues arise, discuss them with the staff liaison who, if necessary, will discuss with the
City Attorney. If you are in doubt, the safest course of action is to abstain from participating in any
discussions on that particular issue.
Members of boards and commissions may not participate in matters in which they have a personal
financial interest. Five factors determine whether there is a disqualifying interest.
1. The nature of a decision being made.
2. The nature of the financial interest.
3. The number of interested officials making the decision.
4. The need, if any, for the interested official to make the decision.
5. Other means available to review the decision to ensure that officials do not act in
their own interest.
Examples of personal financial interest are:
An official who owns property abutting a public street proposed to be
vacated may not participate in the street vacation proceedings.
2. An official owning property across from a bar may not participate in a liquor license
renewal decision for the bar.
The following examples would NOT be considered conflict of interest situations:
An official is not disqualified from voting on a zoning ordinance change because the
official's brother is employed by a corporation interested in the change.
2. A member of a planning commission who is afinancially-contributing member of a
church is not disqualified from voting on a variance application requested by the
church.
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3. An officer of a bank where zoning applicant did 90% of its business is not barred
from participating in the decision where the applicant's project would be financed
through another bank.
When in doubt, check with the staff liaison. If a conflict of interest exists, disclose the interest as
soon as possible. Don't participate in discussions leading up to the decision, don't attempt to
influence other members regarding the decision, and don't vote or take any other official action
relating to the decision.
Consequences for violations of conflicts of interest could include misdemeanor, gross ~'
misdemeanor charges, and/or removal from the board/commission. (MN Statute 469.009,
469.098 and 471.87).
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DATA PRACTICES LAW
The Minnesota Government Data Practices Act is a series of state laws that attempt to balance the
public's right to know what their government is doing, individuals' right to privacy in government
data created, and maintained about them, and the government's need to function responsibly and
efficiently.
The Data Practices Law governs all data maintained by a public entity. There are three classifications
of data:
1. Public -Accessible to anyone;
2. Private/non public- Accessible to the person who is the subject of the
Data and to the governmental entity; and
Confidential/protected non public -Accessible only to the governmental entity.
The identity of individuals who register complaints concerning violations of state laws or local
ordinances concerning the use of real estate/real property is confidential data.
Data pertaining to members of boards and commissions is publicgovernmental data:
1. Names of board and commission members are public.
2. Residential address.
3. Either a telephone number or electronic email address where the member can be
reached, or both at the request of the appointee.
Guidelines for Electronic Communications
Between Members of Council, Commissions and Boards
in the City of Elk River
These guidelines apply to all members of the city council and all members of council and city
committees, commissions, sub-committees, etc. in the City of Elk River.
For purposes of these guidelines, reference to councilmembers includes members of all
other city committees and groups subject to the Open Meeting Law. Reference to the
council shall include all such groups and meetings.
For purposes of these guidelines, "electronic means" means email, instant messaging,
chatrooms, social media, microblogs and related electronic conversation.
For purposes of these guidelines, "staffl' means the administrator, city clerk, or his/her
designee.
These guidelines apply regardless of whether the councilmember is using acity-provided
email address and account, his/her personal email address or account, or one provided by
his/her employer; and to all social media accounts to which a councilmember posts.
Meeting materials
Electronic communication of meeting materials should generally be conducted in a one-way
communication from a city staff person to the council.
Councilmembers may receive agenda materials, background information, and other
meeting materials via email attachment or other electronic means (such as file
sharing) from city staff.
If a councilmember has questions or comments about materials received, s/he
should inquire via electronic means directly back to staff. A councilmember should
not copy other committee members on his/her inquiry.
If the clarification is one of value to other councihnembers, staff may send follow-up
materials or information to the council.
Materials relating to agenda items of a meeting must also be made available to the public at
the meeting.
Communication during council meetings
• Councilmembers should not communicate with one another via electronic means
during a public meeting.
• Councilmembers should not communicate with any member of city staff via
electronic means during a public meeting.
^ Councilmembers should not communicate with the public via electronic means
during a public meeting.
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Communication outside of council meetings
^ Councilmembers should generally act with caution when using electronic means to
communicate with one another, being mindful of the Minnesota Open Meeting Law.
^ If a councilmember wishes to share information with other members, s/he should
do so through staff. The councilmember may request staff to distribute materials to
others. The communication should not invite response to or discussion between any
councilmembers, including replies to the person making the distribution request.
This should be considered a method for providing one-way information to other
members of the council. Again, remember that materials relating to agenda items for
city business must be provided to the public at the meeting.
^ If a councilmember wishes to address only one other member through electronic
means on any topic related to city business, s/he can do so directly but should be
mindful of the following:
o One-to one communication is ideal.
o The recipient of an electronic message or inquiry should reply only to the
sender, should not copy others on the reply, and should not forward the
original communication to other councilmembers.
o The sender of an electronic message should not forward or copy the
recipient's reply to any other councilmember.
o Neither the recipient nor sender should publish such correspondence on any
blogs or other social media site unless it is part of an official communication
of the whole of the Council, and part of the city-managed electronic
communication strategy.
If a councilmember receives an electronic communication from any source related to
city business and distributed to multiple councilmembers (i.e. an email sent to the
entire council from a member of the public; or an email sent to three council
members from a local business), s/he should reply only to the sender. The reply
should not be copied to all the original distribution or forwarded to any other
councilmember.
If a councilmember receives listserv distributions, electronic newsletters, or
participates in electronic discussion forums, chatrooms, or on Facebook, Twitter or
blogs where other councilmembers are also likely to participate, the councilmember
should not reply to any distribution or comment so that the reply is copied to the
entire distribution group, or any part of the group that might include other
councilmembers. The councilmember should instead respond only to the sender of
any message or inquiry.
Classification and retention of electronic communications
^ Regardless of whether electronic communication by a councilmember is taking place
on acity-provided computer, home computer or other computer system,
classification of information as public, private or other is governed by the Minnesota
Government Date Practices Act (Minn. Stat. Chapt. 13) and should be treated
accordingly.
^ Councilmembers should retain electronic communications in keeping with city
policies and procedures, whether such communication takes place on acity-provided
computer, home computer or other computer system.
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Cable TV Etiquette
1. Speak into microphones and speak at or just above your normal conversational level.
Avoid speaking in monotone.
2. Avoid
a. chewing gum
b. tapping microphones or table top
c. clicking pens
d. moving papers on or around microphones.
3. Do not place pop cans, coffee mugs, or other objects in front of you.
4. Assume you are always on camera and behave accordingly.
5. Assume your microphone is always on. No sidebar discussions or interruptions.
6. Come prepared.
7. Don't take things personally.
8. Ensure that you understand.
9. Ensure all are heard.
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The Basics of Robert's Rules of Order
What is Parliamentary Procedure?
A set of rules for conduct at meetings that allows everyone to be heard and to make
decisions without confusion.
Why is Parliamentary Procedure Important?
It's a time tested method of conducting business at meetings and public gatherings. It can be
adapted to fit the needs of any organization. Today, Robert's Rules of Order newly revised is
the basic handbook of operation for most organizations. It's important everyone know these
basic rules!
Four Basic Types of Motions
1. Main Motions
The purpose of a main motion is to introduce items to the membership for their
consideration. They cannot be made when any other motion is on the floor, and
yield to privileged, subsidiary, and incidental motions.
2. Subsidiary Motions
Their purpose is to change or affect how a main motion is handled. They are voted
on before a main motion. For example: "I move to amend the motion by adding the
following condition..."
3. Privileged Motions
Their purpose is to bring up items that are urgent about special or important matters
unrelated to pending business.
4. Incidental Motions
Their purpose is to provide a means of questioning procedure concerning other
motions and must be considered before the other motion.
How Motions Are Presented
Obtaining the floor.
a. Wait until the last speaker has finished.
b. Address the Mayor by saying, "Madam Mayor."
c. Wait until the Mayor recognizes you.
2. Make your motion.
a. Speak in a clear and concise manner.
b. Always state a motion affirmatively. Say, "I move that we..." rather than, "I
move that we do not..."
c. Avoid personalities and stay on your subject.
3. Wait for someone to second your motion.
4. Another member will second your motion or the Mayor will call for a second.
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5. If there is no second to your motion it is lost.
6. The Mayor restates your motion.
a. The Mayor will say, "It has been moved and seconded that we..." Thus
placing your motion before the council for consideration and action.
b. The council then has full and free discussion, or may move directly to a vote.
c. Once your motion is presented to the council by the Mayor it becomes
"assembly property," and cannot be changed by you without the consent of
the members.
Expanding on your motion.
a. The time for you to speak in favor of your motion is at this point in time,
rather than at the time you present it.
b. The mover is always allowed to speak first.
c. All comments and debate must be directed to the Mayor.
d. Keep to the time limit fox speaking that has been established.
e. The mover may speak again only after other speakers are finished, unless
called upon by the Mayor.
8. Putting the question to the membership.
a. The Mayor asks, "Are you ready to vote on the question?"
b. If there is no more discussion, a vote is taken.
c. The decision is announced.
Voting on a Motion
The method of vote on any motion depends on the situation and the bylaws of the
commission. Methods used by most organizations are:
t. By Voice--The Mayor or Chairman asks those in favor to say, "aye", those opposed to
say "no". Any member may move for an exact count.
2. By Roll Call--Each member answers "yes" or "no" as his name is called. This method
is used when a record of each person's vote is required.
3. By General Consent or Unanimous Consent--When a motion is not likely to be opposed,
the Mayor says, "If there is no objection..." The council shows agreement by their
silence, however, if one member says, "I object," the item must be put to a vote.
Parliamentary Procedure is the best way to get things done at your meetings. But, it will only
work if you use it properly.
1. Allow motions that are in order.
2. Have members obtain the floor properly.
3. Speak clearly and concisely.
4. Obey the rules of debate.
5. Most importantly, BE COUKTEOUS.
S:\Administration\Council Guidebook\Roberts Rules Intro.doc
Understanding Basic Motions
The basic element in parliamentary procedure is the MOTION. Robert's Rules lists and
explains eighty-four motions. Instead of trying to learn all those motions it would be
better to concentrate on thirteen frequently used motions. For some motions a second
"modern" name appears in brackets in the listing below. You will find nine of these
motions, listed in order of precedence, on this page and the other four motions, with no
exact order of precedence, on the next page.
Main Motion
The motion used to bring items and ideas before the group for a decision. "I move that
this organization assess each member one dollar at this meeting to be given to the Ciry
Clerk to pay for her dinner."
Amend
The motion used to produce wording changes in motions that have already been made
and are on the floor. "I move to amend the main motion by striking the word "City
Clerk" and inserting "a person from this group selected by a drawing."
Commit [Refer to Committee]
A motion used to send a motion to committee for study and a recommendation. "I
move that the motion concerning collecting money from each member to pay for dinner
be referred to the Finance Committee."
Postpone to a Certain Time [Postpone Definitely]
A motion used to delay action on a proposed motion until the next meeting. "I move to
postpone action on the pending motion until our next meeting."
Limit Debate
The motion to place an exact limit on the amount of debate prior to taking a vote. "I
move to limit the debate to three speeches for the motion and three speeches against the
motion."
Previous Question [Close Debate or Vote Immediately]
The motion which closes all debate on the immediate pending question and brings the
question to a vote. "I move to close debate."
Lay on the Table [Postpone Temporarily]
The motion to temporarily postpone a pending motion so that an emergency matter can
be brought before the group. "I move to table the main motion concerning an
assessment payment." Chair then asks, "What emergency is involved?"
Recess
The motion used to take a short break. "I move that we recess until 3:40 p.m."
Adjourn
The motion used to immediately terminate the meeting. "I move to adjourn."
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The nine motions described on the previous page represent three classes of motions:
MAIN (main); (SUBSIDIARY (amend, commit, postpone to a certain time, limit
debate, previous question, lay on table); PRIVILEGED (recess, adjourn). These
motions are in the order of their precedence with 1 (main) being the lowest and 9
(adjourn) being the highest.
The last group of motions to be listed is classified as INCIDENTAL and will not be
numbered because their precedence is different. An incidental motion is in order only
when it is legitimately incidental to another pending motion, or when it is legitimately
incidental in some other way to business at hand; it then takes precedence over any
motions that are pending.
Appeal
A motion that allows you to get a vote by the members present on a decision made
by the chair. "I appeal the decision of the chair in ruling the main motion for an
assessment for the City Clerk out of order."
Parliamentary Inquiry
A request .for information concerning parliamentary matters before the group.
"Parliamentary Inquiry" -waits for recognition from the chaix. "What method of
voting does the chair propose to use on the pending question?"
Point of Order
A method for calling a possible error to the attention of the chair. "Point of Order" -
waits for a response from the chair - "The motion to amend did not have a second."
Definitions pertaining to motions:
Pending Question
The last motion made which means it is the motion on the floor at that moment.
All Pending Questions
All motions made at this meeting which have not yet been acted upon.
Recognition
The act of the chair in giving you the right to speak or to make a decision.
Putting the Question
The action of the chair in taking a vote on the motion which is pending.
2
There is a different description for each commission but only the Planning Commission
sample is included with this staff report.
PLANNING COMMISSION
giver
Function•
The Planning Commission is an advisory body to the City Council. The Planning
Commission participates in various studies and planning issues that are applied to guiding
the development of the community. The Planning Commission also conducts public
hearings to receive public comments on development proposals, subdivisions, zoning
ordinance amendments, variances, re-zonings, and conditional use permits. The Planning
Commission makes recommendations to the City Council based on information provided by
staff, various agencies, and public input. For more detailed information, see Chapter 2,
Article V, "Boards and Commissions," of the Elk River City Code.
In addition, the Planning Commission assists in preparing and updating the Comprehensive
Plan, which contains the goals, policies, standards, and maps that guide the physical, social,
and economic development of the community. The Planning Commission assists in
establishing these goals and policies by studying background data, examining development
problems and opportunities, and working to create along-range vision of the community.
Meetin~s•
The Planning Commission meets two times per month. Meetings are held on the second
(review of land use applications) and fourth (worksessions) Tuesdays of the month at 6:30
p.m. The meetings are held at the Elk River City Hall, 13065 Orono Parkway.
Members and Term:
The Planning Commission is aseven-member commission. Planning Commissioners serve a
three-year office term.
Questions pertaining to the Planning Commission can be directed to Planning Manager
Jeremy Barnhart at (763) 635-1034.
S:~Public BodieslBoards~Application and Descriptions~PLANNING.DOC Rev 12/05
CITY OF ELK RIVER
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Board/Commission Liaisons
Board/Commission Staff Liaison
Economic Develo went Authori Catherine Mehelich
Ener Ci Commission Rebecca Hau
Herita e Preservation Commission Rebecca Hau
Housin & Redevelo ment Authori Catherine Mehelich
Ice Arena Commission Rich Czech
Libra Board Mick Stoffers
Parks & Recreation Commission Bill Maertz
Plannin Commission erem Barnhart
Utilities Commission Tro Adams
C:\Documents and SettingsMallard\I,ocal Settings\'Temporary Internet Files\OLKF\Liaisons (2).doc
Updated 04-2010
Adopted by the Council on August 2, 2004
Revised Apri1200$
t~ver
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
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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
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 Flk 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.
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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.
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, Ice Arena Commission, and
Heritage Preservation 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. 03-007, 03-002, 03-003). Applicants to the Library
Board axe 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.
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I I . 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.
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16. 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.
17. 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.
18. 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.
19. 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)
20. 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.
21. 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.
22. 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.
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Each subcommittee should submit any report or recommendations, intended for the
Council, fixst 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.
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.
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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 Ciry
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.
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ELK RIVER BOARDS AND COMMISSIONS
Board/Commission Term Length Residency. Number of Other Issues
Requirement Members
Mayor/Council Jan 1 -Dec 31 (4 yrs) Elk River Resident 1 mayor
4 council
Plannin Commission Mar 1 -Feb 28 (3 rs 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
dis ualification.
Utilities Commission Mar 1 -Feb 28 (3 rs Elk River Resident 3 members 1 Councilmember
Heritage Preservation Mar i -Feb 28 (3 yrs) Preference given to 7 members 1 Sherburne County
Commission city residents, but Historical Society member if
residency by itself available
shall not be a
dis ualification.
Ice Arena Commission Mar 1 -Feb 28 (3 yrs) Preference given to 7 members 2 Youth Hockey
city residents, but 1 School Dist.
residency by itself 1 Park & Recreation
shall not be a 1 Councilmember
dis ualification 2 Public
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/Ma or 3 Residents
Housing and Jan 1 -Dec 31 (5 yrs) Elk River Resident 5 members 1 Councilmember
Redevelopment Length of council term 4 Residents
Authori HRA for Council/Ma or
Library Board Jan 1 -Dec 31 (3 yrs) Sherburne County 5 members 3 term maximum
Resident 1 Member may be a member
of the ci council.
Energy Ciry Commission Mar 1 -Feb 28 (3 yrs) Residency not 15 1 Member from the Ciry
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.
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