HomeMy WebLinkAbout01-12-2022 Workshop PacketCALL TO ORDER - Workshop Meeting - 6:00 P.m.
Roll Call
Workshop Topics
Discuss Amending City Code Chapter 802, Tobacco Products
TOBACCO PRODUCT CODE AMENDMENTS.PDF
City Council Code Of Conduct Policy
CITY COUNCIL CODE OF CONDUCT POLICY.PDF
Adjourn
This agenda is subject to change by additions and deletions.
Mayor
John T. Keis
Council Members
Tom Fischer
Michael McGraw
Christian Torkelson
Teresa Miller
Workshop Meeting of the
Little Canada City Council
Wednesday, January 12, 2022
6:00 p.m.
City Center Conference Room
A G E N D A
515 Little Canada Road
East
Little Canada, MN
55117
www.littlecanadamn.org
City Administrator
Chris Heineman
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Documents:
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Documents:
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STAFF REPORT
TO: Mayor Keis and Members of the City Council
FROM: Heidi Heller, City Clerk/HR Manager
DATE: January 12, 2022
RE: Workshop – Discuss Potential Amendments to Tobacco Licensing
ACTION TO BE CONSIDERED
Discuss potential amendments to City Code Chapter 802, Tobacco Products.
BACKGROUND
Last June when the Little Canada tobacco license renewals were being considered, Council
members stated that they would like to consider amendments to the tobacco code. After the issues
from one of the tobacco store owners during the pandemic, and learning that more cities are further
restricting the number of tobacco licenses issued and products that can be sold, Council questioned
why the City was still issuing licenses for tobacco product sales when there is so much information
about how harmful tobacco is to public health.
Little Canada has two types of tobacco licenses: Tobacco Store or General Sales & Display. The
tobacco store license is for a business whose primary business is tobacco products, and the sales &
display license limits the amount of square footage in the store that can be dedicated to tobacco
products. This license type is for retailers like a gas station or liquor store. The City Code limits
the number of tobacco stores licenses to two, but has no limit on the number of sales & display
licenses that can be issued. The current tobacco license holders are:
GENERAL SALES & DISPLAY TOBACCO LICENSES - no limit on number of licenses
1. BP Station - 300 Little Canada Road
2. Hoggsbreath - 2504 Rice Street
3. Speedway (Kath Bros) - 3096 Rice Street
4. Tierney’s Liquors - 2770 Rice Street
5. CV Liquor - 2760 Rice Street
TOBACCO STORE LICENSES – limit of 2 licenses issued at the same time
1. Little Canada Smoke Shop – 27 Little Canada Road E.
2. Hookah Hideout – 3 Little Canada Road E.
In May 2013, the City Council amended the tobacco code to no longer permit any indoor smoking
and sampling, but included specific language that would allow the indoor smoking to continue at
the two tobacco stores that were in existence at the time of the ordinance adoption. Both of these
businesses are still operating and offering indoor smoking. The number of general sales & display
licenses has remained very consistent for the last several years.
In 1975 Minnesota was the first state to enact a Clean Indoor Air Act, the Minnesota Clean Indoor
Air Act (MCIAA) was passed, and then was amended by the Freedom to Breath Act of 2007, which
substantially expanded the prohibition on smoking to nearly all indoor areas to provide protection
from secondhand smoke. The MCIAA was further amended in 2014 to prohibit the use of
electronic cigarettes in certain settings. The MCIAA allows the lighting of tobacco or the use of
electronic delivery devices within the indoor area of a defined tobacco or vape shop “by a customer
or potential customer for the specific purpose of sampling tobacco products.” This sampling
exception is how tobacco and hookah stores are allowed to have indoor smoking.
Staff receives inquiries regularly about how to open a new tobacco or hookah shop in Little Canada.
Some of the draw to Little Canada is the assumption that indoor smoking is allowed since there are
two stores that offer it. If a tobacco store license were to become available, it would be taken
quickly. Several cities in the metro area have adopted or are considering adopting, a variety of the
following restrictions on tobacco products:
Possible amendments to Chapter 802:
1. Allow 0 tobacco licenses. This would have the ultimate goal of eventually not having any
tobacco products sold in Little Canada. No tobacco licenses would be approved for new
businesses or owners - only the current businesses (or owners) could be issued a renewed
tobacco license
2. Put an end date to the allowance of all indoor smoking and sampling for all businesses.
3. Require a minimum distance between tobacco retailers
4. Prohibit specific business types from selling tobacco products (pharmacies is the type of
business typically prohibited from selling tobacco, but any type can be designated)
5. Point-of-Sale requirements:
a. Prohibit the sale of certain or all flavors of tobacco products
b. Regulating the price of commercial tobacco products, such as establishing minimum
prices for cigars and restricting the redemption of price promotions and coupons
This is the initial discussion for staff to receive feedback and direction to see if Council is agreeable
to amending the tobacco products chapter of the City Code. If Council would like to proceed with
any changes, staff would notify the seven tobacco license holders in order to give them an
opportunity to review potential City Code changes and comment on the changes.
RECOMMENDATION
Review and discuss potential amendments to City Code Chapter 802, Tobacco Products. If Council
agrees to move forward with amendments, direct staff to notify current tobacco license holders and
draft language for an ordinance amending City Code Chapter 802.
More information:
Minnesota Department of Health – Minnesota Clean Indoor Air Act
https://www.health.state.mn.us/communities/environment/air/mciaa/index.html
Attachments
• City Code Chapter 802, Tobacco Products
• 1-25-2012 Council Workshop Minutes – discussion prior to adopting ordinance prohibiting
indoor smoking but allowing the existing two businesses to continue indoor smoking
• MN Clean Indoor Health Information
802-1
802. TOBACCO PRODUCTS
802.005 PURPOSE AND INTENT
Because the City of Little Canada recognizes that tobacco use has been shown to be the
cause of several serious health problems which subsequently place a financial burden on all
levels of government; this ordinance is intended to regulate the sale of tobacco, tobacco-related
devices, and electronic delivery devices for the purpose of enforcing and furthering existing laws,
and to protect youth and young adults against the serious effects associated with use and
initiation. Youth and young people are particularly susceptible to the addictive properties of
tobacco products, and are particularly likely to become lifelong users. National data show that
about 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a
critical period when many smokers move from experimental smoking to regular, daily use.
Electronic delivery device use among youth has recently tripled. Young minds are particularly
susceptible to the addictive properties of nicotine. As a result, approximately 3 out of 4 teen
smokers end up smoking into adulthood.
This ordinance is intended to regulate the sale of tobacco, tobacco-related devices, and
electronic delivery devices to protect the public, especially youth and young adults, and to further
the official public policy of the state in regard to preventing young people from starting to smoke
as stated in Minn. Stat. § 144.391, as it may be amended from time to time.
802.010. DEFINITIONS. For purposes of this regulation, the following terms shall mean:
(a) “General Sales and Display” means a section of any business establishment not
meeting the definition of Tobacco Store in paragraph (e) of this section, which
displays for sale Licensed Products as an accessory use to the establishment’s
primary business purpose. The sale of such Licensed Products shall be merely
incidental to the establishment’s primary business purpose. The section displaying
Licensed Products shall comprise an area no greater than fifty (50) cubic feet and
must be located within the immediate vicinity of the establishment’s primary point of
sale. There can be no entrance door from the outside opening directly to the section
of store displaying Licensed Products. A separate point of sale for Licensed Product
sales shall be prohibited.
(b) "Tobacco Product" means any product containing, made, or derived from tobacco
that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
component, part, or accessory of a tobacco product including but not limited to
cigarettes; cigars; cheroots; stogies; perique; granulated, plug-cut, crimp-cut, ready
rubbed and other smoking tobacco; snuff; snuff flowers; cavendish; plug and twist
tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings,
cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in
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such a manner as to be suitable for chewing or smoking in a pipe, or other tobacco
related devices. Tobacco Product does not include any product that has been
approved by the U.S. Food and Drug Administration for sale as a tobacco-cessation
product, as a tobacco-dependence product, or for other medical purposes, and is
being marketed and sold solely for such an approved purpose.
(c) "Self-Service Merchandising" means a method of displaying Licensed Products, in a
manner in which such Licensed Products are accessible to the public without the
intervention of any employee.
(d) "Vending Machine" means any mechanical, electric or electronic device, appliance or
any other medium or object designed or used for vending purposes which, upon
insertion of money, tokens or any other form of payment, dispenses Licensed
Products.
(e) “Tobacco Store” means a retail establishment with an entrance door opening directly
to the outside that derives more than 90 percent of its gross revenue from the sale of
Licensed Products in which the sale of other products is merely incidental. This
definition does not include an accessory tobacco section of any business
establishment meeting the definition of General Sales and Display in paragraph (a) of
this section.
(f) “Tobacco-Related Device” means any pipe, rolling papers, ashtray, or other device
intentionally designed or intended to be used with Tobacco Products. Tobacco-
Related Devices include components of tobacco-related devices or tobacco products,
which may be marketed or sold separately. Tobacco-Related Devices may or may not
contain tobacco.
(g) “Compliance Checks” are the system the city uses to investigate and ensure that those
authorized to sell Licensed Products are following and complying with the
requirements of this ordinance. Compliance checks shall involve the use of persons
under the age of 21 as authorized by this ordinance. Compliance checks shall also
mean the use of persons under the age of 21 who attempt to purchase Licensed
Products for educational, research and training purposes as authorized by state and
federal laws. Compliance checks may also be conducted by other units of government
for the purpose of enforcing appropriate federal, state or local laws and regulations
relating to Licensed Products..
(h) “Individually Packaged” means the practice of selling any Licensed Products
wrapped individually for sale. Individually wrapped Licensed Products shall include
but not be limited to single cigarette packs, single bags or cans of loose tobacco in
any form, single cans or other packaging of snuff or chewing tobacco, e-cigarettes,
and vapor inhalers. Cartons or other packaging containing more than a single pack or
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other container as described in this definition shall not be considered individually
packaged.
(i) “Electronic Delivery Devices” mean any product containing or delivering nicotine or
lobelia any other substance, whether natural or synthetic, intended for human
consumption that can be used to deliver nicotine, lobelia or any other substance
through inhalation of vapor or any other product or byproduct by any means, or any
component part of such a product, that is not a Tobacco Product as defined in this
section. Electronic Delivery Devices include, but are not limited to: e-cigarettes, e-
cigars, personal vaporizers, e-pipes, vape pens, mods, tank systems, or any other
product where it delivers a substance into the human body through the inhalation of
vapor or any other product or byproduct. Electronic Delivery Devices do not include
any product that has been approved or otherwise certified for legal sale by the U.S.
Food and Drug Administration as a tobacco-cessation product, a tobacco-dependence
product, or for other medical purposes, and is being marketed and sold solely for that
approved purpose.
(j) “Smoking” means inhaling or exhaling smoke from any lighted or heated cigar,
cigarette, pipe, or any other lighted or heated tobacco, plant, natural or synthetic
product. Smoking includes carrying or using an activated Electronic Delivery
Device. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe,
or any other lighted or heated tobacco or plant product intended for inhalation.
(k) “Indoor Area” means all space between a floor and a ceiling that is bounded by
walls, doorways, or windows, whether open or closed, covering more than 50
percent of the combined surface area of the vertical planes constituting the
perimeter of the area. A wall includes any retractable divider, garage door, or
other physical barrier, whether temporary or permanent. A standard window
screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall.
(l) “Licensed Products” mean the term that collectively refers to any tobacco product,
tobacco-related device, or electronic delivery device.
802.020. LICENSE REQUIRED. No person shall, directly or indirectly, keep for retail sale,
sell at retail, keep for wholesale, sell at wholesale or otherwise dispose of Licensed Products unless
licensed by the City of Little Canada. A Tobacco Store license is available to a premises meeting the
definition in Chapter 802.010 (e); a General Sales and Display license is available to a premises
meeting the definition in Chapter 802.010 (a). License applications shall be submitted to the City
Administrator, as required under Chapter 802.030, together with the applicable license fee as
determined from time to time by City Council resolution. A license may be issued only for the
specific premises and individual identified in the application.
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802.025. RESTRICTIONS ON NUMBER OF LICENSES. The number of Tobacco Store
Licenses within the City shall not exceed two (2). There is no limit on the number of General Sales
and Display Licenses.
802.030. APPLICATION.
(a) Any person desiring a license to engage in the business of dealing and/or selling
Licensed Products shall first make application therefor to the Council of the City by
filing with the City Administrator for presentation to the Council an application in
writing, which application shall set forth the name and place of residence of the
applicant and the exact location of the place at which the applicant proposes to carry
on said business. An application to renew a Tobacco Store license shall include a
certified statement by the business owner that the store is in compliance with: (1) the
requirement that more than 90% of gross revenue is derived from the sale of Licensed
Products and (2) the building criteria set forth in 802.010 (a). Such certification shall
include the following: total gross revenues, total gross revenues derived from the
sale of approved products, and total gross revenues derived from the sale of Licensed
Products, and floor plans. The City reserves the right to request additional financial
information, as deemed necessary. Said application shall be signed by the applicant
in person, and when received by the City Administrator shall be placed on file;
provided, however, that no such application shall be received unless it is
accompanied by the payment of a fee as provided for herein.
(b) The City Council may either approve or deny the license, or it may delay action for a
reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the City Council shall approve the
license, the City Clerk shall issue the license to the applicant. If the City Council
denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant’s right to appeal the City Council’s decision. Grounds for
denying the issuance or renewal of a license under this chapter include, but are not
limited to the following:
(1) The applicant is under the age of 21 years;
(2) The applicant has been convicted within the past five years of any
violation of a federal, state, or local law, ordinance provision, or other
regulation relating to Licensed Products;
(3) The applicant has had a license to sell Licensed Products revoked within the
preceding 12 months of the date of application;
(4) The applicant fails to provide any information required on the application, or
provides false or misleading information;
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(5) The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation from holding a license;
(6) The application fails to meet the requirements of City Code;
(7) To protect the health, safety, and welfare of the City and its residents.
(c) Revocation or suspension. The imposition of an administrative fine upon a licensee
pursuant to Chapter 802.090 and/or suspension of license or revocations of a license
will be processed pursuant to Little Canada City Code Chapter 800. The City
Council may revoke or suspend a license granted under this chapter for any of the
grounds identified in paragraph (b) of this section. If a license is mistakenly issued or
renewed to a person, it shall be revoked upon the discovery that the person was
ineligible for the license under this chapter. Licensees whose licenses have been
revoked shall not be eligible for another license under this chapter for a minimum
period of one year from date of said revocation.
(d) Transfers. All licenses issued under this section shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. No transfer of any license to another location or person shall be valid without
the prior approval of the City Council.
802.040. LICENSE GRANTED BY RESOLUTION. The Council shall, after whatever
investigation it deems necessary, by resolution grant the license applied for by such applicant, if in
the opinion of the Council the applicant is entitled thereto. The issuance of a license issued under
this section shall be considered a privilege and not an absolute right of the applicant and shall not
entitle the holder to an automatic renewal of the license.
802.045. PROXIMITY RESTRICTION. No Tobacco Store or General Sales and Display
license shall be granted pursuant to this section to any person for any retail sales of Licensed
Products within 500 feet of any school, playground, house of worship, or youth-oriented facility, as
measured by the shortest line between the space to be occupied by the proposed licensee and the
occupied space of the school, playground, house of worship, or youth-oriented facility, unless that
person has been in the business of selling Licensed Products in that location before the date this
section was enacted into law for at least one year. For the purpose of this section, a “youth-oriented
facility” is defined to include any facility with residents, customers, visitors, or inhabitants of which
25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services
or products that are consumed or used primarily by persons under the age of 21.
802.050. LICENSE FEE. The annual license fee shall be determined by resolution of the
City Council. If the application is made after July 1, the annual fee shall be pro-rated on a monthly
basis.
802-6
802.060. TERM. Licenses shall be for a term of one year. The annual license shall
commence July 1 of each year.
802.070. LICENSE RESTRICTIONS. A license shall be issued subject to the following
restrictions:
(a) The following restrictions apply to premises licensed as a Tobacco Store:
(1) No person shall permit a person under the age of 21 to smoke Licensed
Products for the purposes of sampling those products or provide samples of
Licensed Products free of charge or at a nominal cost to a person under the
age of 21.
(2) No more than 50% of the gross revenue of the store may be
derived from the sale of tobacco-related devices.
(3) Smoking shall not be permitted and no person shall smoke within the indoor
area of any establishment with a retail tobacco license. Smoking lighting, heating
and burning of Licensed Products, for the purposes of sampling Licensed Products is
prohibited. Notwithstanding the preceding, smoking may occur in a Tobacco Store if
all of the following circumstances are met:
i. The smoking is by a customer or potential customer for the specific
purpose of sampling tobacco;
ii. The Tobacco Store has held a license from the City to sell Licensed
Products at that location for at least six months prior to the May 2013
enactment of this provision; and
iii. The owner of the establishment has maintained a valid retail
tobacco license and has abided by all applicable laws.
iv. Any smoking allowed under this exemption shall be prohibited if the
license holder loses the license or transfers title to, relinquishes management
or control of, or sells the business to any other individual or business entity.
(4) Smoking from electronic delivery device for any reason is strictly prohibited
in any Tobacco Store.
(b) The following restrictions apply to premises licensed for General Tobacco Sales and
Display:
802-7
(1) The establishment shall fully comply with the Minnesota Clean Indoor Air
Act, Minn. Stat. § 144.411 to 144.417.
(2) There shall be no display of Licensed Products except for cigarette lighters
for sale on the licensed premises, whether the sale is for the benefit of the
licensee or for a third party (e.g. consignment).
(c) The following restrictions apply to all licenses:
(1) Vending machines used to dispense Licensed Products shall be prohibited.
(2) No sales shall be made by means of self-service methods whereby the
customer does not need to a make a verbal or written request to an employee
of the licensed premise in order to receive the Licensed Products and whereby
there is not a physical exchange of the Licensed Products between the
licensee, or the licensee's employee, and the customer.
(3) A licensee shall comply with all applicable regulations of the State of
Minnesota relating to the sale or dispensing of Licensed Products. If there is a
conflict between the regulations of the State and the regulations of the City,
the more restrictive regulations shall control.
(4) Every licensee is responsible for the conduct of its employees while on the
licensed premises. Any sale or other disposition of Licensed Products by an
employee of a licensee shall be considered an act of the licensee.
802.080. SALES TO PERSONS UNDER THE AGE OF 21. No person shall give, sell or
dispense any Licensed Products to a person under twenty-one (21) years of age. Any person aged 21
years or older convicted of violating this section shall pay a fine of $100.00 for the first such
conviction. Any person aged 21 years or older convicted of violating this section twice shall pay a
fine of $125.00. Any person aged 21 years or older convicted of violating this section three times
shall pay a fine of $150.00. Any person aged 21 years or older convicted of violating this section
more than three times during any 24-month period may be guilty of a misdemeanor. Persons under
the age of 21 who are convicted of violating this section may only be subject to non-criminal, non-
monetary civil penalties such as tobacco-related education classes, diversion programs, community
services, or another penalty that the city determines to be appropriate.
(a) Signage. Notice of the legal sales age and age verification requirement must be
posted prominently and in plain view at all times at each location where Licensed
Products are offered for sale. The required signage, which will be provided to the
licensee by the City, must be posted in a manner that is clearly visible to anyone who
is or is considering making a purchase.
802-8
802.090. ADMINISTRATIVE FINE, SUSPENSION, OR REVOCATION. Any violation of
the City’s regulations relative to the issuance of any license or of any conditions/restrictions attached
to the issuance of such license shall be cause for the imposition of an administrative fine, the
suspension of the license, or the revocation of the license.
(a) If the violation relates to a restriction of Section 802.070 allowing a person under the
age of 21 to sample a Licensed Product or providing to a person under the age of 21 a
sample of a Licensed Product , the Council may suspend the license for up to 60 days
or revoke the license. In addition to such action, or in lieu of such action, the Council
may impose a civil fine not to exceed $1,000.00 for each violation.
(b) If the violation relates to the sale of Licensed Products to or provision of Licensed
Products to a person under the age of 21, by the licensee or the licensee’s employee,
the following administrative fines, suspensions, or revocations shall be imposed.
(1) The first such violation shall subject the licensee to the payment of
an administrative fine of $200.00;
(2) The second violation at the same location within 24 months of a previous
violation shall subject licensee to the payment of an administrative fine of
$500.00.
(3) The third violation at the same location within 24 months of two previous
violations shall subject the licensee to the payment of an administrative fine
of $1,000.00 plus a seven (7) business day suspension of the license.
(4) The individual responsible for the sale to a minor shall be charged an
administrative penalty of $50.00, following notice of the violation and an
opportunity for a hearing before the City Council.
(5) The City Council retains the discretion to consider suspension or revocation
of a license at any time, if in the view of the Council the circumstances of the
violation call for such a sanction.
(c) The imposition of an administrative fine upon a licensee, and/or suspension of
license or revocation of a license will be processed pursuant to Little Canada City
Code Chapter 800. Licensees, whose licenses have been revoked, shall not be
eligible for another General Sales and Display license or a Tobacco Store license for
a minimum period of one year from the date of said revocation.
802.100. INSPECTION/COMPLIANCE CHECKS. Any applicant or licensee shall permit
the City, or its representatives, to inspect and examine the place of business described in the
application or license. Any refusal on the part of the applicant, or licensee, to permit such inspection
802-9
will be sufficient grounds for the Council to refuse the application applied for or suspend a license
previously granted. The City of Little Canada, or its authorized representative, will conduct at least
one compliance check that involves the participation of a person between the ages of 15 and 17 and
at least one compliance check that involves the participation of a person between the ages of 18 and
20] to enter licensed premises to attempt to purchase Licensed Products. Prior written consent is
required for any person under the age of 18 to participate in a compliance check. Persons used for the
purpose of compliance checks will be supervised by law enforcement or other designated personnel.
Any finding of noncompliance with the requirements of this Chapter or other applicable regulations
shall constitute a violation of this section.
802.105. VIOLATIONS.
(A) Violations.
(1) Notice. A person violating this ordinance may be issued, either personally
or by mail, a citation from the city that sets forth the alleged violation and
that informs the alleged violator of his or her right to a hearing on the
matter and how and where a hearing may be requested, including a contact
address and phone number.
(2) Hearings.
(a) Upon issuance of a citation, a person accused of violating this
ordinance may request in writing a hearing on the matter. Hearing
requests must be made within 10 business days of the issuance of
the citation and delivered to the City Clerk or other designated city
officer. Failure to properly request a hearing within 10 business
days of the issuance of the citation will terminate the person’s right
to a hearing.
(b) The City Clerk or other designated city officer will set the time and
place for the hearing. Written notice of the hearing time and place
will be mailed or delivered to the accused violator at least 10
business days prior to the hearing.
(3) Hearing Officer. The City Council will designate a hearing officer. The
hearing officer will be an impartial employee of the city or an impartial
person retained by the city to conduct the hearing.
(4) Decision. A decision will be issued by the hearing officer within 10
business days of the hearing. If the hearing officer determines that a
violation of this ordinance did occur, that decision, along with the hearing
officer’s reasons for finding a violation and the penalty to be imposed, will
be recorded in writing, a copy of which will be provided to the city and the
accused violator by in-person delivery or mail as soon as practicable. If the
hearing officer finds that no violation occurred or finds grounds for not
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imposing any penalty, those findings will be recorded and a copy will be
provided to the city and the acquitted accused violator by in-person
delivery or mail as soon as practicable. The decision of the hearing officer
is final, subject to an appeal as described in section 11, division (A)(6) of
this section.
(5) Costs. If the citation is upheld by the hearing officer, the city’s actual
expenses in holding the hearing up to a maximum of $1,000 must be paid
by the person requesting the hearing.
(6) Appeals. Appeals of any decision made by the hearing officer must be
filed in Wilkin County district court within 10 business days of the date of
the decision.
(7) Continued violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
802.110. SEVERABILITY. If any section or provision of this ordinance is held invalid, such
invalidity will not affect other sections or provisions that can be given force and effect without the
invalidated section or provision.
(Source: Ord. 3, Amended: Ord. 331, 441, 513, 689, 707, 716, 726, 742, 753, 755, 770, 779, 838)
HOUSE RESEARCH Short Subjects
Elisabeth Klarqvist Updated: August 2017
Minnesota Clean Indoor Air Act
The Minnesota Clean Indoor Air Act (MCIAA) prohibits smoking in many indoor places (Minn. Stat. §§
144.411 to 144.417). The legislation was enacted in 1975 in an effort to protect public health, comfort, and
the environment by prohibiting smoking around children and ill or injured persons. The MCIAA was
amended by the Freedom to Breathe Act of 2007 (Laws 2007, ch. 82), which substantially expanded the
prohibition on smoking to nearly all indoor areas to provide protection from secondhand smoke. The
MCIAA was further amended in 2014 to prohibit the use of electronic cigarettes in certain settings.
Where is smoking
prohibited?
The MCIAA prohibits smoking in public places, at public meetings, in places of
employment, and in public transportation. Places of employment are indoor areas
where two or more persons perform services, whether or not the persons are paid.
Public places and places of employment include the following:
•Arenas
• Auditoriums
•Banquet facilities
• Bars and other food or liquor
establishments
•Bowling establishments
•Common areas of rental apartment
buildings
•Employee cafeterias
•Factories
•Libraries
• Lounges
•Museums
•Offices
•Restaurants
•Retail stores and other commercial
establishments
•Theaters
• Vehicles used for work purposes
during the hours of operation if more
than one person is present
•Warehouses
Smoking is also specifically prohibited in day care centers, in day care homes
during their hours of operation, in certain health care facilities and clinics, and in
public transportation vehicles, with certain exceptions. In addition, all tobacco
products are prohibited in public schools, except for tobacco lit by an adult as part
of a traditional Indian spiritual or cultural ceremony.
Where is smoking
permitted?
Smoking is permitted in the following places:
•A family home or group family day care provider home, outside of its hours of
operation
•Public transportation vehicles when they are being used for personal use
•Specified rooms in residential health care facilities
•Separated, well-ventilated areas of locked psychiatric units
•Specified areas for use in peer-reviewed scientific studies related to smoking
•Private residences and automobiles when not used as a place of employment
•Hotel and motel guest rooms
•Tobacco products shops for the purpose of sampling products
•Heavy commercial vehicles
•Farm vehicles and construction equipment
The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative,
legal, and information services to the entire House.
House Research Department 600 State Office Building St. Paul, MN 55155 651-296-6753 www.house.mn/hrd/
•Buildings on family farms
•A disabled veterans’ rest camp in Washington County
Smoking is permitted by Native Americans as part of a traditional Native
American spiritual or cultural ceremony and by actors as part of a theatrical
performance. The MCIAA also permits smoking outside, unless it is limited or
prohibited by local government.
How is the use of
electronic cigarettes
treated under the
MCIAA?
The MCIAA’s definition of smoking does not include the use of electronic
cigarettes, so the act does not broadly prohibit the use of electronic cigarettes in
public places, at public meetings, at places of employment, or in public
transportation. The use of electronic cigarettes is prohibited in day care centers;
family home and group family day care provider homes during their hours of
operation; health care facilities and clinics, with certain exceptions; any building
owned or operated by the state or a political subdivision; any facility owned by a
public college or university; any facility licensed by the commissioner of human
services, or licensed by the commissioner of health if also governed by federal
licensing requirements; and public schools.
What are the
responsibilities of
proprietors?
Proprietors or other people or entities who control the use of a public place, public
transportation, place of employment, or a public meeting must make reasonable
efforts to prevent smoking inside of these places, including:
•posting signs or employing other appropriate means of prohibiting smoking;
•asking smokers to refrain from smoking;
•asking smokers who do not refrain from smoking to leave the premises;
•handling smokers who refuse to leave in a manner consistent with other persons
acting in a disorderly manner or as a trespasser;
•not providing ashtrays or matches in areas where smoking is prohibited; and
•in a restaurant or bar, not serving an individual who smokes in an area where it
is prohibited.
Who enforces the
Minnesota Clean
Indoor Air Act?
The Department of Health (MDH) enforces the MCIAA and can delegate
enforcement to community health boards. MDH can use the enforcement
procedures in the Health Enforcement Consolidation Act to ensure compliance
with the MCIAA, including issuing fines of up to $10,000 against proprietors for
violations. Also, peace officers can cite proprietors and individuals who violate the
MCIAA. It is a petty misdemeanor to smoke, or to permit someone to smoke, in an
area where smoking is prohibited or restricted by the MCIAA.
Can local
governments enact
stricter ordinances?
The MCIAA authorizes local units of government to enact and enforce more
stringent measures than those provided in the MCIAA to protect individuals from
secondhand smoke, including limiting or prohibiting smoking in outdoor areas.
For more information: Contact legislative analyst Elisabeth Klarqvist at 651-296-5043. Additional
information is also available from the Minnesota Department of Health at
http://www.health.state.mn.us/divs/eh/indoorair/mciaa/ftb/index.html.
STAFF REPORT
TO: Mayor Keis and Members of the City Council
FROM: Heidi Heller, City Clerk/HR Manager
Chris Heineman, City Administrator
DATE: January 12, 2022
RE: Consider Adoption of a City Council Code of Conduct Policy
ACTION TO BE CONSIDERED
Consider adopting a Code of Conduct for City Council members.
BACKGROUND
In November 2021, when Council was reviewing the updated City Staff Personnel Policy,
Councilmember McGraw stated that he would like to have a Code of Conduct adopted for the
City C ouncil. There was Council consensus for staff to bring back examples from other cities
and information about this type of policy.
League of MN Cities: Handbook for Minnesota Cities - information for City Councils:
https://www.lmc.org/resources/handbook-for-minnesota-cities-chapter-6-elected-officials-and-
council-structure-and-role/
https://www.lmc.org/resources/handbook-for-minnesota-cities-chapter-7-meetings-motions-
resolutions-and-ordinances/
https://www.lmc.org/resources/official-conflict-of-interest/
RECOMMENDATION
Discuss adopting a City Council Code of Conduct, and provide direction to staff.
Attachments:
1. Article - Beyond Ethics: Establishing a Code of Conduct to Guide Your Council
2. City Ex ample: Edina
3. City Example: Delano
4. City Ex ample: Mankato
5. City Ex ample: Rochester
Beyond Ethics: Establishing a Code of
Conduct to Guide Your Council
Rod Gould is vice chair of the board of the Institute for Local Government, the
League’s nonprofit training and education affiliate, and a senior par tner at
Management Partners. Gould previously ser ved as city manager in four California
cities and is a past president of the League’s City Managers’ Department. He can be
reached at rodg ould17@gmail.com.
It is often said that ethics is the foundation of public ser vice and essential for public
tr ust and confidence in public officials. This is tr ue, but ethics alone is not enough.
A 2019 study conducted by the Pew Research Center reports that public tr ust in
g overnment remains near historic lows. The cur rent dear th of public confidence in
g overnment requires elected and appointed officials to lead by example even more
than in the past. This means conducting themselves with the highest levels of civility
and decor um, thereby giving residents a reason to reconsider negative stereotypes of
g overnment leaders and to modulate their own behavior when engaging with
g overnment officials.
Many obser vers lament the coarsening of civic dialogue in the United States and note
its creeping effects in council chambers. Sometimes this manifests in a few shrill
advocates and critics who spew vitriol and discord to disr upt the public process. At
other times, council members themselves display an appalling lack of respect for each
other, staff and/or the public they ser ve. Invariably, the council’s example sets the
tone. Disrespectful conduct on the council’s par t nor malizes such behavior by the
public attending the meeting or watching it on television or online. The cycle then
repeats — for the worse.
Elected officials’ lack of civility impedes g overnance in many ways, such as stalling the
decisionmaking process, under mining employee retention and recr uitment, fueling
political apathy and discouraging public par ticipation. Over time, the standard set for
acceptable behavior becomes increasingly lower.
Although cities periodically conduct ethics training for officials as required by state
law (AB 1234, Chapter 700, Statutes of 2005), most don’t take the time to discuss
how they g over n. This is puzzling because local gover nment can be seen as the
ultimate team spor t, where ever yone must play their roles well for civic prog ress to
occur.
Fostering Focused and Productive Dialogue
How often do councils and senior staff take time to discuss what is working and what
can be improved in the ways they interact and car r y out their duties? What
benchmarks do they use to measure their behavior? Most importantly, how do they
hold themselves and each other accountable?
Many cities have adopted codes of ethics for their org anizations and/or city councils,
which is positive and appropriate. Some are taking the additional step of defining how
the elected leaders and staff are to behave in carr ying out their duties. These policies
are typically called codes of conduct or council guidelines or nor ms. In such policies,
the local g overnment leadership sets the r ules and expectations for how they g overn
their cities — defining a civil and respectful gover ning culture consistent with best
practices.
How to Develop a Code of Conduct
Whether the city council members are experienced or fairly new, each member
articulates their vision of the organizational culture and values for the g over ning body
when the council spends time developing a code of conduct. This also sets the tone
for future councils.
This type of exercise should be conducted as an off-site workshop rather than as part
of a council meeting with a packed agenda. Welcome the public and media to attend
this open workshop but make it clear that the council will focus on the process of
g overning, not on addressing local issues.
When developing a code of conduct, consider these tips for a successful session:
Create an infor mal atmosphere with seating ar ranged so that ever yone can see
each other, rather than using auditorium-style seating;
Eng age a neutral facilitator so that ever yone may participate freely;
Provide food, beverages and breaks; and
Encourage the use of humor.
Use the theme of commitment to community to get things started. This can be
accomplished through a team-building conversation that allows the council members
to express why they ran for office, what they hope to accomplish, their g reatest
satisfaction in ser ving in elected office and the legacy they hope to create.
Sshepard
A discussion about the habits of highly effective councils can help clarify the roles of
the key local g overnment players before developing the code of conduct or civility. To
suppor t such a discussion, the Institute for Local Gover nment website (www.ca-
ilg.org) offers useful resources that include the ar ticles “Attributes of Exceptional
Councils” and “A Key Ing redient for Success: An Effective City Council-City
Manager Relationship.” The first offers best practices and the second explores roles
and how they function in complementar y ways for g reatest effectiveness. This
infor mation sets the stage for an in-depth discussion of the nor ms of conduct that
the council wishes to embrace.
Some councils may find it useful to see codes or policies developed by other cities
and bor row specific guidelines that best fit their current situation. Other councils may
wish to begin “from scratch” by brainstor ming the principles, standards and
behaviors that they expect — and draft the code of conduct after the session. Either
way is acceptable.
Don’t attempt to edit the document to perfection in the g roup setting. After the
session, have your best writer polish the draft and bring it back for for mal adoption at
the next regularly scheduled council meeting. This gives the community a better
chance to weigh in and take note of how the council is committing to car r y out the
public’s business.
Code of Conduct Models and Examples
Avoid attempting to address ever y eventuality. If the document is too dense, it will be
ignored. Keep it general, in the council’s words and in ter ms that ever yone can easily
g rasp. The following examples offer some typical elements, but this list is not
intended to sug gest that a code of conduct would include all of these elements.
Demonstrate honesty and integ rity in ever y action and statement;
Inspire public confidence in our city g over nment;
Work for the common good, not personal interest;
Respect the proper roles of elected officials and city staff in ensuring open and
effective gover nment;
Disag ree agreeably and professionally (use appropriate language, tone, nonverbal
gestures, etc.);
Share infor mation and avoid surprises;
Approach the business of g overning in a professional manner — conduct
business in a way that brings honor to the institution of g over nment;
Praise in public, criticize in private;
Work together as a body, modeling teamwork and civility for our community;
Communicate through the city manager;
Prepare in advance of council meetings, be familiar with issues on the agenda
and ask questions of the city manager before the meetings so ever yone can be
fully prepared when the meeting occurs;
Fully par ticipate in city council meetings and other public for ums while
demonstrating respect, consideration and cour tesy to others;
Participate in scheduled activities to increase council effectiveness;
Share infor mation with other council members about committee meetings
attended;
Work for win-win — strive for consensus and seek common ground; and
Honor “discussion” before “decisions” — delay making for mal motions until
initial discussions have taken place.
Commitment and Accountability
The council’s deter mination of how it will enforce the code of conduct — infor mally
and/or for mally — is just as impor tant as the principles expressed in the code of
conduct.
Enforcing the code can take the for m of a personal pledge to behave consistently
with its policies and to gently remind one’s peers if they are straying from the joint
commitments in the code. It may also involve more for mal actions like censure under
prescribed r ules. Regardless of the enforcement method, council members should not
expect the city manager or city attorney to do it for them; imposing this expectation
on staff is unreasonable.
Annual Self-Assessment: Ref lection, Lear ning and
Continuous Improvement
It is absolutely essential that the council meet at least once a year to take stock and
evaluate how it is perfor ming with respect to the code of conduct. T his process
provides a chance to discuss what is working well, identify areas for improvement,
examine what should be emphasized and clarify what needs to stop if the council is to
function for the g reatest community good — and build tr ust and confidence in the
city. It may be useful to consider recent successes and how they were achieved.
Conversely, clear-eyed diagnosis of setbacks — without devolving into blaming and
finger-pointing — is important. Skilled neutral facilitation is key to making this
happen. Again, in such discussions, a little team building can g o a long way.
The follow-up meeting is also the time to consider amendments to the code of
conduct as needs arise or understandings evolve. Debrief afterward to improve the
next session; these gover nance tuneups should become easier and more meaningful
over time. This annual exercise should be considered as important as the evaluation of
the city manager. It is critical gover nance hygiene.
The Bottom Line
Ethics is the bedrock on which strong cultures are built. A code of conduct can help
shape a civil and effective g overnance culture.
Related Resources
The “Front Page” Test: An Easy Ethics Standard
#MeToo 2.0: A Guide to Help Navigate New Workplace Harassment Laws
Code of Conduct
The Edina City Council developed a Code of Conduct for all elected City o icials at a series of
retreat meetings that concluded in Spring of 2020. Most standards in this code are principles the
City Council already followed.
Council members also approved three value statements: Community Engagement, Equity and
Sustainability.
Code of Conduct Highlights
Introductory Pledge: All City Council members pledge to follow laws, their respective roles,
policies and act in the best interest of the City and all residents both financially and legally.
Compliance and Enforcement: City Council members will hold themselves and each other
accountable for ethical conduct and discuss any suspected violation of the law with the City
Manager.
Comply with the Law: All members will comply with all applicable federal and state laws and city
ordinances including Open Meeting Law, policies on gi s, use of the City logo and conflicts of
interest.
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Roles of Council, Sta and Commissions: Know, understand and respect the roles of their
positions, sta and commissions, including adhering to the Council-Manager (Plan B) structure of
Edina city government as outlined in MN Statute 412.
Working with the Community: Council members will refer residents with concerns to the City
Manager. In working with businesses or other interests, Council members will not grant any special
consideration or treatment, will honor rules about public testimony, make themselves available to
all parties on an equal basis and not prejudge an issue before Council deliberations.
Intergovernmental Relations: Members will represent positions approved by the City Council
when working with other agencies or governments.
See the full Code of Conduct (PDF).
Value Statements
Community Engagement
As the Edina City Council, we are dedicated to fostering an engaged community built on a
foundation of trust. We will do this by intentionally focusing on equity, diversity and inclusion and
creating a dialogue of perspectives. We will build trust by demonstrating our engagement
principles of Relationships, Equity, Inclusivity, and Accountability.
Relationships: make relationships foundational; strengthen relationships and build new ones;
develop a trust between the City and residents
Equity: engage with residents where they are; remove barriers for participation; provide
multiple options for participation
Inclusivity: strive to provide meaningful engagement opportunities; invite underrepresented
groups to participate; make all feel welcomed and valued
Accountability: make a plan; do what we say we are going to do; donʼt change the rules; make
a decision; communicate how participation influenced decision
Equity
As the Edina City Council, we are dedicated to creating an environment in our community where
residents have equitable opportunities to participate in their city government and access the Cityʼs
institutions, facilities and services.
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City of Edina Accessibility Contact Us Copyright Notices Site Map
Our commitment to diversity, equity and inclusion will be a continuous process of learning and
adapting to the multiple needs of all in the community, while consistently applying an equity lens
in all decisions and interactions. Our vision of a welcoming Edina includes removing systemic and
institutional barriers to create opportunities for all in the community to thrive.
Sustainability
As the Edina City Council, we are dedicated to building a sustainable environment where current
and future generations benefit from clean air and water, climate and community resiliency, and
access to nature.
We recognize that the Cityʼs natural environment, and the health and quality of life of its residents
are just as, or even more, important, than the financial factors. We will ensure that our policies,
decisions and future plans have a positive impact on people and the planet, in addition to profit.
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or by these rules, the proceedings of the Council shall be conducted in accordance with the most
recent edition of Robert’s Rules of Order.
Subd. 14. Meetings Conducted By Interactive Television. A City Council meeting may
be conducted by interactive television if all of the following provisions are met:
A. At least one member of the Council is physically present at the regular meeting location.
B. All members must be able to hear and see each other and all discussion and testimony
presented at any location at which at least one member of the Council is present.
C. All members of the public at the regular meeting location must be able to hear and see all
discussion and testimony and all votes of all members of the Council.
D. Each location at which a member of the Council is present must be open and accessible to
the public.
SECTION 202.01. DUTIES AND SALARIES, OF MAYOR AND CITY COUNCIL
MEMBERS.
A. The duties of the Delano Mayor and City Council Members shall be all duties prescribed
by state statute and City Code.
B. The salary of the Mayor and Council Members shall be as follows:
1. The sum of $550 per calendar month for the Mayor;
2. The sum of $375 per calendar month for each Council member;
3. The additional sum of $50 for each special or emergency Council meeting
attended in a calendar month; and
4. The additional sum of $10 for each meeting attended which concerns City
business, but excluding the following:
(a) All regular, special and emergency City Council meetings;
(b) Ceremonial and social functions;
(c) Such meeting compensation shall not exceed $10.00 per day.
SECTION 203.01. CODE OF ETHICS FOR ELECTED PUBLIC OFFICIALS.
Subd. 1. General Declaration of Policy. The proper operation of democratic government
requires that public officials be independent, impartial, and responsible to the people; that
governmental decisions and policies be made in the proper channels of the governmental
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structure; that public office not be used for personal gain; and that the public have confidence in
the integrity of its government. To further achieve these goals there is hereby established a code
of ethics. This code of ethics is in addition to, and not in lieu of, other laws and regulations
concerning ethics, conflicts of interest, and the integrity of public officials.
Subd. 2. Scope of Persons Covered. The provisions of this code of ethics shall be
applicable to the Mayor and Council Members as well as candidates for the offices of Mayor and
Council Member.
Subd. 3. Standards of Conduct.
A. No Special Privileges. The Mayor and Council Members shall not use their positions to
secure special privileges or exemptions for themselves or others or to intentionally
jeopardize the position or employment of others.
B. Conflict of Interest. The Mayor and Council Members shall not participate in
deliberations in any matter before the Council which affects that official’s financial
interests directly or indirectly or those of a business with which the official is associated.
Whenever such conflict is recognized, the affected City official shall disclose such
interest prior to any discussion or vote and shall be disqualified from any further official
activity on the issue.
C. Agent or Attorney. The Mayor and Council Members shall not act as agents or attorneys
for another in any matter before the Council.
D. Compensation or Gratuity. The Mayor and Council Members shall not directly or
indirectly receive, or agree to receive, any compensation, gift, reward or gratuity as an
inducement to support or influence any matter proceeding connected with, or related to,
the duties of the office.
Subd. 4. Public Disclosure by Public Officials.
A. The Mayor and Council Members shall annually file with the Clerk, a signed disclosure
statement identifying any interests or rights in real property (except the official’s
homestead) located within the City and disclosing any proprietary interest of 10% or
more in any company, business enterprise, corporation, partnership, labor union or
association doing business with the City, and any positions, including whether said
positions are gratuitous or for compensation, held as officer, director, partner, agent,
proprietor or employee with any such company, business enterprise, corporation,
partnership, labor union or association.
B. Each person who files as a candidate for election as Mayor or Council Member shall file,
at the time of filing as a candidate for any such office, a disclosure statement as specified
in Subd. 4, A..
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C. Within 30 days after a person has been elected such person shall file a disclosure
statement, unless such person has done so pursuant to subparagraphs A or B hereof.
D. In the event any person fails to file a complete disclosure statement within the times
provided in subparagraphs A, B or C hereof, the Clerk or the Clerk’s designee shall give
written notice of the provisions of this Section to such person, who shall thereafter file a
disclosure statement within 10 days of said notice.
E. Any material change in property or business interests or rights shall be disclosed by filing
an amended disclosure statement within 30 days after such change has occurred.
F. This code of ethics shall not be construed to require the filing of any information relating
to any person’s affiliation with, or interest in, any professional society, charitable,
religious, social, fraternal, educational, recreational, public service, civic, governmental,
political, or similar organization.
Subd. 5. Enforcement. Upon the signed written complaint of any person questioning
adherence to the requirements of this Section, or on the Council’s own volition, the Council shall
refer the matter to the City attorney for investigation and the City attorney shall report the results
of his investigation to the Council within 45 days thereafter. A copy of the City attorney’s report
shall be furnished to the person complained against, who may request a hearing on the matter
before the Council. The request for hearing shall be filed with the Clerk not later than 10 days
following receipt of the City attorney’s report by the person complained against. Upon receipt of
the City attorney’s report and at the conclusion of any hearing on the matter, the Council, by
majority vote, may dismiss the complaint as having no merit or may adopt a resolution of
censure.
SECTION 204.01. BOARDS, COMMISSIONS AND TASK FORCES.
Subd. 1. Generally. Except as otherwise provided with respect to a specific board,
commission or task force, the provisions of this Section shall apply to all boards, commissions
and task forces referred to in this Chapter 2.
Subd. 2. Open Meeting Law and Data Practices Act. All meetings and matters of any
City board, commission, or task force shall be subject to the Minnesota Open Meeting Law and
the Minnesota Government Data Practices Act.
Subd. 3. Conflict of Interest. No member of any City board, commission or task force
may vote on a matter in which the member has a direct or indirect financial interest or other
substantial interest.
Subd. 4. Vacancies and Removal of Members.
A. Vacancies: Except as otherwise specified in this Chapter, a member’s position shall
become vacant upon the occurrence of any of the following:
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Chapter 13: Code of conduct
The mayor and council members are dedicated to promoting values and integrity of local government
and democracy and committed to governing efficiently and effectively. After taking oath of office as a
city council member, they agree to conduct themselves in accordance with the following code of
conduct:
The professional and personal conduct of council members must be above reproach and avoid the
appearance of impropriety. Members should refrain from abusive conduct, personal charges or
verbal attacks upon the character or motives of other members of the council, boards, commissions,
staff or the public intended to disrupt and not further the city’s business.
Council members abide by applicable state laws, city ordinances and other doctrines relating to
conduct of a council member, including, but not limited to: conflict of interest, data practices and
the open meeting law.
Council members maintain the confidentiality of information concerning property, personnel or
legal affairs of the city. They shall neither disclose confidential information, without proper legal
authorization, nor use such information to advance their personal, financial or other private
interests.
A council member does not use the official position to secure special privileges or exemptions for
themselves or others.
Each member supports the maintenance of a positive and constructive work place environment for
city staff, private citizens and businesses dealing with the city. Council members will recognize their
roles, as delineated in the city charter, city code and state statutes and in individual dealings with
city staff.
No member shall, except as specifically permitted by Minnesota statutes, 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 member in the performance of the member’s official duties or intended as a reward
for the member’s official actions.
Members of the council will not testify in their capacity as a council member, before any other
board, commission, administrative officer or agent of the federal government, the state of
Minnesota or of any county or other municipal corporation, including cities, except as provided.
Exceptions to the policy:
o if the member is testifying in such capacity pursuant to a lawfully issued subpoena;
o in the event the council has designated the member or members to act as a spokesperson
for the council as a whole to explain the majority vote or council’s position.
Council members serve as a whole when representing the official policies and positions of the city
council. If speaking as an individual citizen, it’s important to share that’s the perspective being
presented and not on behalf of the city or council. In addition, council members refrain from
testifying orally or in writing as to any quasi‐judicial matter being heard, or having the possibility of
being heard by the council.
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Conflict of interest
Generally, state law prohibits public officers from having a personal financial interest in a sale, lease, or
contract they are authorized to make in their official capacity. A “public officer” would include a mayor,
council member, etc.
An interested officer should disclose his or her interest at the earliest stage and abstain from voting or
deliberating on any contract in which he or she has an interest. There are some exceptions to the
general prohibition on contracting with city officials defined in state law. When the exceptions are used,
generally the contract must be approved by unanimous vote of the council. To help determine if a
conflict exists consider the:
nature of the decision being made;
nature of the financial interest;
effect of the individual interest on the outcome of the decision by the council.
Another conflict of interest situation may occur when the official’s own personal interest is so distinct
from the public interest that the member cannot be expected to represent the public interest fairly in
deciding the matter. Some common areas are planning and zoning issues, public improvements, special
assessments, licenses, land purchases and vacation of streets. Some other areas are church
memberships, family associations and club memberships.
There are detailed procedures that must be followed to use any exception to the conflict of interest law.
State statute and the city attorney should be consulted on procedures to follow.
Incompatible offices
Generally, individuals in elected office are prohibited from holding incompatible offices. The city
attorney should be consulted on concerns about elected officials holding two separate offices.
Mankato city council members cannot hold any other city office or city employment during tenure as a
council member. A former member of the city council cannot be employed by the city until one year
after the term they were elected for has expired.
Gifts
Elected and appointed “local officials” may not receive a gift from any “interested person.” An
“interested person” is a person, or representative of a person or an association, who has a direct
financial interest in a decision that a local official is authorized to make. If a public official knowingly
accepts a gift, the official may be guilty of a gross misdemeanor.
Some commonly encountered exceptions to the gift law include lawful campaign contributions and food
or beverages given at a reception, meal, or meeting the official has been invited to attend. If there is
ever any question about accepting or declining a gift, the best option may be to decline.
Liabilities
The city of Mankato carries personal liability insurance policies on elected officials, appointed officials,
employees and officers. The city defends a person who is performing job duties and is not guilty of
malfeasance in office, willfully neglecting their duties or acting in bad faith.
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Ethical leadership
Ethical leadership is vital to the functioning of the city and to maintain the public’s trust and confidence
in the city and democratic process.
Key traits of ethical leaders
Recognize that ethical questions may be complex. As a result, they are willing to seek and accept
the advice of knowledgable officials such as the city manager, city attorney or city staff.
Understand that ethical conflicts are inevitable and should be dealt with forthrightly. Elected
officials are human and citizens of their community. On occasion, it is expected that they will
have needs or roles in their private lives that conflict with public office obligations. Ethical
officials are open about potential conflicts of interest and follow applicable rules for disclosing
and dealing with the conflict (such as refraining from voting on a particular issue) to avoid even
the appearance of impropriety.
Driven by fairness. The most ethical council members recognize that many city decisions will
have an adverse, as well as positive outcomes and they, therefore, strive to make the best
decision as defined by its ultimate fairness to all concerned. This often means making impartial
decisions on the merits of the issues alone, while disregarding personal allegiances. It can also
mean taking into account interests of citizens who are not present or who have not otherwise
commented, but who are nonetheless affected by a decision. Ethical officials try to make
decisions in the best interest of all in the community, not just those who show up at a meeting
or protest the loudest.
Know the importance of conscientious and ethical government as a value in itself. Ethical council
members do not use their office or authority for revenge, prestige, or personal gain. Ethical
council members recognize that government is a human institution. As a result, the human
motivations of those in government will determine if the government itself is effective or
ineffective, good or bad, ethical or unethical. Ethical council members care enough to make a
positive difference and then act accordingly.
Recall of elected officers
The city of Mankato charter does not permit the city council to remove or recall an officer from office.
The holder of any elective office may be removed at any time by registered voters under Mankato city
charter section 5.01, available online.
If the council should desire to have a public censure process this will need to be drafted as a policy and
formally adopted.
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CHAPTER 13. CODE OF ETHICS
Updated 2017 13-1
13. CODE OF ETHICS
13.01. Policy and Purpose. It is imperative that all persons acting in the public
service not only maintain the highest possible standards of ethical conduct in their transaction of
public business but that such standards be clearly defined and known to the public as well as to
the persons acting in public service.
Subd. 2. The proper operation of a democratic government requires that public
officials be independent, impartial, and responsible to the people. Governmental decisions and
policies must be made in the proper channels of the governmental structure. Public office may not
be used for personal gain. Citizens must have confidence in the integrity of their government
officials.
Subd. 3. Public officials are agents of public purpose and hold office for the benefit of
the public. They are bound to uphold the Constitution of the United States and the Constitution of
the State of Minnesota, and to carry out impartially the laws of the nation, state and municipality so
as to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest must be their primary concern.
Subd. 4. In recognition of these goals, there is hereby established a Code of Ethics
for elected or appointed public officials, citizens volunteers, and candidates for public office. The
purpose of the Code is to establish ethical standards of conduct for such persons by establishing
acts which are incompatible with the City's best interests and requiring disclosure of private or
financial interests in matters involving the City. The provisions and purposes of this Code of Ethics
are declared to be in the best interests of the City of Rochester.
13.011. Definitions. Subdivision 1. For purposes of this Chapter, the following terms,
phrases, words and their derivatives shall have the meanings given herein.
Subd. 2. The term “Appointing Authority” means the Common Council, the Mayor or
any other person who appoints a person to a Public Position.
Subd. 3. The term “Appointing Committee” means the President of Rochester
Community and Technical College, the Chancellor of the University of Minnesota Rochester and
the highest ranking officer of the Olmsted County Bar Association not associated with the
Rochester City Attorney’s Office.
Subd. 4. The term “Board” means the Ethical Practices Board.
Subd. 5. The term “Official Action” means any act, action, approval, decision,
denial, directive, disapproval, inaction, order, performance, nonperformance, recommendation,
vote or other direct result of a public official’s exercise of discretionary authority in connection with
the Public Official’s Public Position.
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Subd. 6. The term “Public Body” means the Common Council, any City agency,
board, commission, committee or other voting body authorized to act in any capacity on behalf of
the City of Rochester.
Subd. 7. The term “Public Official” means any member of the Common Council, any
City agency, board, commission, committee, or other voting body, and any department head,
employee, official, supervisor, volunteer or other person who is elected, appointed, employed, hired
by contract or in any other manner authorized to act in any capacity on behalf of the City of
Rochester.
Subd. 8. The term “Public Position” means any elected, appointed or employed
position that is authorized to act in any capacity on behalf of the City of Rochester.
Subd. 9. The term “Voting Body” means the Common Council and any other City
authority, board, commission, committee, council or group, regardless of whether its function is
legislative, administrative, quasi-administrative or quasi-judicial or any combination thereof, which,
in order to take any official advisory or final action, must act as a body on the basis of a vote of
some or all of its members.
13.02. Responsibilities of Public Office. Public officials hold office on behalf of the public.
They are bound to uphold the Constitution of the United States and the Constitution of the State of
Minnesota. Public officials must carry out impartially the laws of the nation, state, and city in
fostering respect for all government. They are bound in their official acts to discharge faithfully the
duties of their office. Public officials shall be dedicated to the public purpose and all programs
developed by them shall be in the community interest. Public officials shall not exceed their
authority or breach the law or ask others to do so. (4324, 12/4/17)
13.03. Scope of Persons Covered. Subdivision 1. Except as to section 13.05, the provisions
of this chapter are applicable to all public officials. (4324, 12/4/17)
Subd. 2. Notwithstanding the provisions of this section, the disclosure requirements of
section 13.05 are applicable only to elected officials, city employees (including department heads
and supervisors) who have the authority to approve the expenditure of funds, members of boards
or commissions created by ordinance, and any person who has filed an affidavit of candidacy for
an elective city office, and any person who seeks appointment to any City board, commission,
agency, or committee.
(3947, 11/2/09; 4118, 7/15/13; 4202, 7/20/15, 4252, 7/6/16)
13.04. Conflict of Interest. Subdivision 1. No Public Official shall knowingly engage in
a conflict of interest.
Subd. 2. A conflict of interest shall include the following:
A.Engage in any business or transaction, or have a direct or
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indirect financial or personal interest, which is incompatible with
the proper discharge of the person’s official duties or which
would tend to impair the person’s independent judgment or
action in the person’s performance of official duties. Personal
as distinguished from financial interest includes an interest
arising from blood or marriage relationships or close business
or political association. For purposes of this clause, “financial
interest” shall mean a substantial financial interest through the
ownership of stocks, bonds, notes or other securities.
B.Use of the person’s public position to secure special privileges
or exemptions for the person or for others.
C.Use of the person’s public position to solicit personal gifts or
favors.
D.Use of the person’s public position for personal gain.
E.Represent private interests before the Common Council or any
City committee, board, commission, or agency where the
person has participated in the review of those private interests
as a member of any City committee, board, commission, or
agency. (4252, 7/6/16)
F.Possess interest in legislation to the extent that private interest
takes precedence over public interest and duty.
G.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.
H.Disclose to the public, or use for the person’s or other’s personal
gain, information that was gained by reason of the Public
Official’s Public Position if the information was not public data.
I.Disclose information that was received, discussed or decided in
conference with the Public Body’s legal counsel that is
protected by the attorney-client privilege unless a majority of the
Public Body has authorized the disclosure.
Subd. 3. It is not a conflict of interest under this section if a Public Official publicly
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discloses a potential conflict of interest, and refrains from participating in the discussion and voting
on the matter when it comes before the Public Body of which the Public Official is a member.
13.05. Disclosure. Subdivision 1. The disclosure requirements of this section are applicable
only to elected officials, city employees (including department heads and supervisors) who have
the authority to approve the expenditure of funds, members of boards or commissions created by
ordinance, and any person who has filed an affidavit of candidacy for an elective city office, and
any person who seeks appointment to any City board, commission, agency, or committee.
Subd. 2. Every person subject to these disclosure requirements shall file with the City Clerk
a disclosure statement indicating the following:
A.A list of interests in real property, except for the person's homestead,
located within the City of Rochester.
B.A list of interests in a business doing business with the City.
C.A list of interests in any business located within the City.
D.Current place of employment.
E.Such other information required by the Ethical Practices Board in order
to fulfill the objectives of the Ethics Disclosure Form.
Subd. 3. Every person who files as a candidate for an elective city office must file the
statement required by subd. 2 at the time the affidavit of candidacy is filed.
Subd. 4. Material changes in a person's interest or in place of employment shall be disclosed
by filing an amended disclosure statement within thirty days after the new interest is obtained or
the change in employment occurs.
Subd. 5. For purposes of this section, "interest" shall mean a substantial financial interest
through the ownership of stocks, bonds, notes, or other securities. "Doing business" shall mean
engaged in any contractual relationship with the City or making application for such relationship or
for any relief or benefit available from the City, including but not limited to variance, permit, license,
or plat approval.
Subd. 6. The City Clerk shall prepare disclosure forms, as approved by the Ethical Practices
Board, necessary for compliance with this section. The City Clerk shall notify the Ethical Practices
Board should any person described in subdivision 1 fail to file or update a disclosure form. In
response, the Ethical Practices Board shall inquire of the matter and, if appropriate, inform the
person’s Appointing Authority of the person’s failure to file or update a disclosure form.
(4324, 12/4/17)
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13.06. This section repealed by Ordinance #3898, 12/15/08.
13.07. Effect. This ordinance shall be in full force and effect sixty days from and after its
passage and publication as required by law.
13.10. Ethical Practices Board. Subdivision 1. There is hereby created an Ethical Practices
Board (“Board”). The Board will be composed of seven members who are residents of the City and
shall serve without compensation. (4293, 4/10/17)
Subd. 2. The Board shall be appointed by the Appointing Committee. In making the
appointments to the Board, the Appointing Committee shall determine an application procedure
and take the following steps:
A.The City Clerk shall notify the general public; non-partisan,
non-political and non-profit civic and community groups;
colleges and universities; and neighborhood associations of
the application procedure for those interested in applying for
a position on the Board.
B.At least 30 days prior to making an appointment, the
Appointing Committee shall submit the names of the finalists
for the Board to the Mayor and Common Council for comment.
C.Within 14 days of receiving the names, the Common Council
shall hold a public hearing to solicit input from the public as to
the finalists.
D.The Common Council shall share the input received from the
public hearing with the Appointing Committee. In turn, the
Appointing Committee shall make the appointments to the
Board.
Subd. 3. The Board shall be organized as follows:
A.The chair, vice chair and secretary of the Board shall be
elected by the membership from among its members.
B.Initially, two members of the Board will be appointed for a term of three
years each. Two members of the Board shall be appointed for a term
of two years each. One member of the Board shall be appointed for a
term of one year. The two additional members appointed in 2017 shall
be appointed for a term that expires April 30, 2019. All subsequent
appointments will be made for three year terms. All members shall
serve until their successors have been appointed and qualified. The
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Appointing Committee may remove a Board member for cause at any
time during the Board member’s term of office. (4293, 4/10/17)
C.No member of the Board may be an elected official, an
appointed official, a city employee, related to a local official or
city employee, a candidate for elected public office, a person
who, for compensation, represents the private interests of
others before the city council or mayor, or a paid campaign
worker or political consultant of a current local official.
D.The affirmative vote of at least three members of the Board
shall be required to decide any matter before the Board.
Subd. 4. The Board shall have jurisdiction to review and make findings concerning any
alleged violation of this chapter by any public official. The Board may not consider any alleged
violation that occurred before the adoption of this chapter or more than one year before the date
of the filing of a complaint.
Subd. 5. The Board has the following powers:
A.To establish, amend and repeal rules and procedures
governing its own internal organization and operations in a
manner and form consistent with this chapter.
B.To administer oaths.
C.To meet as often as necessary to fulfill its responsibilities.
D.To request from the mayor and city council the appointment
of such staff as is necessary to carry out the duties of the
board.
E.To make notifications, extend deadlines, conduct
investigations, make findings of fact, conclusions of law and
order, review allegations and conduct hearings as needed to
decide specific cases in which a violation of this chapter is
alleged.
F.To report its findings regarding any complaint to the person’s
Appointing Authority and to the City Administrator.
G.To issue ethics opinions to public officials regarding the
propriety of any matter within the Board’s jurisdiction.
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H.To prescribe and make available forms for use under this
chapter.
I.To conduct a preliminary investigation of a filed complaint, or
of any circumstance or situation of which the Board may
become aware that appears to violate any provision of this
chapter.
J. To review, index, maintain on file and dispose of complaints.
K.To cooperate with the human resources department in the
design of ethics education seminars, and to promote the city's
ethics program and high ethical standards in city government.
L.To review disclosure statements for completeness,
consistency and accuracy, and to report its findings regarding
those statements to the person’s Appointing Authority and to
the City Administrator.
M.To make recommendations for changes to the Code of Ethics
or this chapter which the Board believes would enhance the
purposes of this chapter.
N.Such other powers as are specifically granted in this chapter.
Subd. 6. The Board shall prepare and submit an annual report to the mayor
and the city council detailing the ethics activities of the Board and the city during the prior year.
The format of the report must be designed to maximize public and private understanding of the
Board and city ethics activities. The report may recommend changes to the text or administration
of this chapter. The city clerk shall take reasonable steps to ensure wide dissemination and
availability of the annual report of the Board and other ethics information reported by the Board .
Subd. 7. Should one or more members of the Board recuse himself or herself from the
consideration of any matter brought to the Board, the remaining Board members or, should all
Board members recuse themselves, the City Attorney may request the Appointing Committee to
appoint temporary members to sit on the Board in place of the recused members. The temporary
members shall exercise all powers provided to the appointed Board members only for the matter
under consideration. The Appointing Committee shall respond to the request as it deems
appropriate and in its sole discretion. If the Appointing Committee grants the request, it shall
appoint temporary board members using any process the Committee deems appropriate and
necessary in light of the need for a timely resolution of the matter pending before the Board.
(4293, 4/10/17)
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13.11. Legal Counsel. The City Attorney or the City Attorney’s designee shall act as the
Appointing Committee’s and the Board’s legal counsel. If required by this chapter or the
Minnesota Rules of Professional Responsibility, the City Attorney shall retain outside legal counsel
to act as the Appointing Committee’s or Board’s legal counsel.
13.12. Board Action. Subdivision 1. Any person may file a complaint with the Board. Any
person, either personally or on behalf of an organization or governmental body, may request the
Board to issue an ethics opinion regarding the propriety of any matter within the Board’s jurisdiction.
Subd. 2. Any complaint or request for an ethics opinion shall be in writing and signed by
the person making the request.
Subd. 3. Upon receipt of a complaint or upon learning of any circumstance or situation
that appears to violate any provision of this chapter, the Board shall conduct a preliminary
investigation. If, upon completion of that investigation, the Board determines there is no reasonable
grounds to believe that a violation has occurred or that the complaint is frivolous, made in bad faith,
brought for vexatious reasons or is filed principally for the purpose of harassment, it shall dismiss
the complaint.
Subd. 4. The Board shall hold a hearing on a complaint that is not dismissed, and shall
report its findings to the City Administrator and to the person’s Appointing Authority. The chair of
the Board may obtain subpoenas from the district court to compel the attendance of witnesses or
the production of documents at any hearing.
13.13. Code of Ethics Violations. Subdivision 1. A Public Official must report any
conduct by another Public Official that he or she believes violates this Code of ethics.
A.The improper conduct of a non-appointed Public Official must
be reported to either the alleged violator's supervisor or
department head.
B.The improper conduct of an appointed Public Official who is
not a department head must be reported to the alleged
violator's supervisor, department head or Appointing
Authority.
C.The improper conduct of a department head or an elected
official must be reported to the Board.
Subd. 2. Once a situation is reported under subdivision 1(A) or 1(B) above, the
supervisor or department head has a duty to immediately investigate the alleged violation. When
a situation reported under subdivision 1(A) or 1(B) above is resolved, the supervisor or
department head must notify the Board of the report and resolution.
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13.14. Sanctions. Subdivision 1. Except as provided in subdivision 2, a Public Official
who violates this chapter may be subject to disciplinary action up to and including termination of
city employment/city volunteer duties.
Subd. 2. An elected official or an appointed member of any board or commission, whose
discipline is addressed by the City of Rochester Home Rule Charter or the Rochester Code of
Ordinances and who violates this chapter may be subject to such disciplinary action as is provided
by the Home Rule Charter or the Code of Ordinances.
13.45 Use of City Property. Subdivision 1. A city employee shall not use or allow
the use of city time, supplies or city-owned or leased property and equipment for the
employee’s private interests or any other use not in the city’s interest, except as provided by
law.
Subd. 2. A city employee may use city time, property or equipment to communicate
electronically with other persons including, but not limited to, elected officials, the employer,
or an exclusive bargaining representative under Minn. Stat. Chapter 179A, provided this
use, including the value of the time spent, results in no incremental costs to the city or results
in an incremental cost that is so small as to make accounting for it unreasonable or
administratively impracticable.
Subd. 3. The city administrator shall issue a citywide policy on the use of electronic
mail and other forms of electronic communications by city employees. The policy shall
permit city employees to make reasonable use of City time, property and equipment for
personal communications and shall address issues of privacy, content of communications
and the definition of reasonable use as well as other issues the city administrator deems to
be necessary and relevant.
(2742, 5/21/91; 2896, 10/5/93; 3162, 4/21/98; 3403 7/17/01; 3898, 12/15/08; 3947, 11/2/09; 4118,
7/15/13; 4202, 7/20/15; 4252, 7/6/16; 4270, 12/5/16; 4293, 4/10/17; 4324, 12/4/17)
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