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3.5. SR 05-17-2010~/ Elk _ River REQUEST FOR ACTION To Item Number Ci Council 3 v Agenda Section Meeting Date Prepared by Consent Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Amendment to the Advisory Board and Commission Policy Lori ohnson, Ci Administrator Reviewed by Action Requested Council motion approving the following amendment to the Advisory Board and Commission Policy: 16. Removal From Office EDA and HBA 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. Background/Discussion At the May 10 worksession Council agreed to the above-mentioned amendment to the Advisory Board and Commission Policy and asked the changes be brought back in the policy on a future Consent Agenda. The amendment is at the top of page 5 of the attached policy. Attachments ^ Advisory Board and Commission Policy Action Motion by Second by Vote Follow Up S:\Public Bodies\Council\Council RCA\Boards\2010\Advisory Board Language.doc Adopted by Council August 2, 2004 Revised April 2008 Revised May 17, 2010 Kiver 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 S:U'ublic Bodies\Boards\Board and Commission Handbook\New Board and Commission FolderlAppointment PolicyADOPTEDREV l .doc 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 Ciry 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 ~'ver Star Neavs, The Current newsletter, ERtV 12, and the city website. Appointments The Council will review all applications. Applicants will be interviewed by the City Council to make board and commission appointments and reappointments. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment 2 PolicyADOPTEDREV I.doc 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, 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. 03-001, 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. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment 3 PolicyADOPTEDREV l .doc 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. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment 4 PolicyADOPTEDREV l .doc 16. Removal From Office EDA and HRA The Ciry 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 Ciry 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. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment $ PolicyADOPTEDREV I.doc 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. S:\Public Bodies\Boazds\Boazd and Commission Handbook\New Board and Commission Folder\Appointment PolicyADOPTEDREV l .doc 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. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment '] PolicyADOPTEDREV l.doc 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 Max 1 -Feb 28 3 rs Elk River Resident 3 members 1 Councilmember Heritage Preservation Max 1 -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 City Commission Max 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. S:\Public Bodies\Boards\Board and Commission Handbook\New Board and Commission Folder\Appointment g PolicyADOPTEDREV l .doc