05/30/2001 Env Bd Packet - Laserfiche WebLink

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Minn. Stat. § 471.705, subd. 1. Minn. Stat. § 412.02, subd. 2a. Minn. Stat. § 412.151, subd. 1. HANDBOOK FOR MINNESOTA CITIES Voting procedures State law does not regulate council voting. The council may use whatever procedures it prefers, subject to charter provisions in home rule cities. The council's bylaws can include voting rules. Otherwise, the council may use voice voting or standing vote unless a councilmember calls for a vote by ballot. The bylaws can also set the order in which councilmembers vote. Whether the vote is unanimous or not, the minutes must record the name of each councilmember present and his or her vote. Occasionally councils may vote by ballot, such as eliminating candidates for a city position, until only two options remain. While the law allows for voting by ballot, the procedure must ensure that each councilmember's vote is recorded in the minutes and open for public inspection. Role of the mayor and clerk Mayors and Standard Plan city clerks have the same powers as councilmembers to make, second, and vote on motions. The mayor does not have a veto, nor may the mayor vote twice in order to break a tie. If, however, there is a tie vote in filling an elective office, the mayor must fill the vacancy by appointment. The mayor presides at council meetings and the clerk keeps the minutes. In cities operating under one of the optional plans, the clerk attends council meetings and records the minutes, but may not make, second, or vote on motions. In addition, unless the council extends the privilege, the clerk Lacks the right to participate in discussions. Minutes of council meetings The council must keep a full and accurate record of its actions at every council meeting. In statutory cities, the clerk records the council proceedings in a minute book. In the clerk's absence, the council should delegate the duty of taking minutes for that meeting. The actual wording of the minutes is up to the clerk, unless the council adopts a standard form by motion or specifically directs the clerk to change the wording in the minutes. The minutes should be written in language and terms that the average citizen can understand. Reference to numbers of - -ordinances; resolutions; and other matters should include a brief description. 160