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HomeMy WebLinkAboutOther City Charter Provisions INFORMATION SERVICE of League of Minnesota Cities 480 Cedar Street, Saint Paul, Minnesota 55101 ✓ 100a Charter Provisions allowing property *515a4 owners to block special assessments *515a1 40/ *335e September 12, 1979 • Duane McCarty Charter Commission 8060 Long Lake Road Mounds View, MN. 55432 Dear Mr. McCarty: . This is a follow-up to our phone conversation of August 6,. concerning charter provisions for special assessments. As I understand, you are interested in providing a means by which the property owners in an area proposed to be assessed for an improvement could prevent the council from proceeding with the improvement. When we spoke on the phone, I was uncertain whether it was possible for a charter to provide for use of a charter special assessment procedure exclusively and to preclude the use of the M.S. Ch. 429 procedure. However, M.S. 429.111 makes it clear that this can be done; see also M.S. 429.021 , subd. 3. Copies of these statutes are enclosed. As we discussed, a petition procedure seems more appropriate than an election . procedure. By limiting the council 's power to act when a petition signed by a specified percentage of property owners opposing the improvement is received, the same result is achieved without the expense of an election. After-.examining a number of the charters -i n the-state,- it appears- that provisions such as this are not common, although I have found a few examples. Copies of the relevant portions of the Brooklyn Park, Duluth, Fridley, and St. Cloud Charters are enclosed. There are a number of points to be considered in drafting a provision of this type. Some of the points 10 consider are: 1 . Should the petition procedure apply to all special assespments, or only when a certain percentage of the total cost is to be assessed? The Brooklyn Park provision, for example, does not apply unless more than 60% of the improvement's cost is to be assessed. INFORMATION SERVICE of League of Minnesota Cities 480 Cedar Street, Saint Paul, Minnesota 55101 100A Council Role in Recall V *140A September 4, 1979 • • Jeff Nelson - City Administrator City Hall • 2401 Highway it10 St. Paul , Minnesota 55112 ' Dear Jeff: At your request, I calied the city attorney in Duluth to discuss their recall provision and its interpretation. The Duluth provision is not lirited in its terms to incidents of nonfeasance or malfeasance in office. however, on the strength of the case„Jacobsen v. Nagel and as recommended by the city attorney} the city council in that recent case involving .former councilor Thomas Agnew, permitted a recall election only in circumstances where malfeasance arguably Was involved. In that case, the petition alleged far-reasons for the recall , three of which related to matters of judgment and quality of performance. How- ever, an election was called only to decide whether there should be a re: oval for violation of a charter provision which prevented interference by individual councilors with departmental operations. This cne involved a statement that a particular employee should ce dismissed. Since the charter prohibited this . . activity, the city attorney's office advised that an election should be permit- . .ted on this issue with the electorate sort of functioning as a jury to make the determi nation. Y The election resulted in a recall , and though a couple of avenues of litigation --gene-commenced-and later dropped, they were ineffective in giving- uscase -law confirming the power of the council to decide whether reasons stated for recall! on a petition are sufficient is a matter to be judged by the council . Neither = air; they resolve the question whether conviction of a crime that amounts to nonfeasance or malfeasance is a prerequisite to recall . Thus, there presently exists a good deal of uncertainty as to the. extent of powers conferred upon the citizenry by a broadly drafted recall provision: - 'A hope this answers your question satisfactorily. • Sincerely, • Stanley G. Peskar General Counsel S' '/rj . . INFORMATION SERVICE of 335ev' Municipal Reference Bureau *100a we and League of Minnesota Municipalities 3300 University Avenue S.E.,Minneapolis,Minnesota 55414 Placing Burden of Established Administration March 2, 1972 Character of Action on City:in Initiative & Referendum .ir. Robert Voss Mayor City iiall-1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 Dear Aayor Voss: Last week prior to one of our legislative study committee meetings, Norm Werner stopped by my office and requested that I do some research on your behalf with regard to the interpretation of initiative and referendum provisions in home rule charters. As I understand the situ- ation your concern arises largely from an opinion of the Attorney General . directed to your city attorney in which it was indicated that an ordinance authorizing an increase in gas rates was not the proper%su=bject for a referendum petition as it was essentially administrative rather than lag- islative in character. It is my understanding that you feel the public interest has not been adequately protected through this type of interpretation, and you wonder if it might not be advisable to consider shifting the burden of establish- ing the administrative character of ordinances to the city. .'pparently you feel a charter provision along these lines might be desirable. I can understand your concerns that the public interest in the use of initiative or referendum provisions not be frustrated or unreasonably evaded. On the other hand obviously there is a legitimate concern- is behalf-of--the city- that- the use of these tools not be abused or used to such an extent to result in harassment of the city council. With this in mind I am enclosing copies of a number of research materials that discuss tact use of initiative and referendum, including some which touch on administrative versus legislative considerations. INTERPRETATION OF ANDERSON .MODEL CHARTER PROVISION RELATING TO MPENSES OF PETITIONERS 335e APPLICABILITY OF I=NITIATIVE AND REFERENDUM TO STREET VACATION PROCEEDING - RIGHT OF PETITIONER TO WITHDRAW SIGNATURES 335e COUdENTS ON WHAT CONSTITUTES LEGISLATION FOR THE PURPOSES OF INITIATIVE. AND i:EFEHENDUN PROVISIONS OF HOME RULE CHARTERS 335e OPINION TO WINSTON C. JOHNSON, 858, August 5, X1970 335e OPINION TO PETER ii. LLEUSTAD, 358, July 21, 1967 335e OPINION TO ED F. JACOBSON, 858, July 27, 1967 335e OPINION TO CLAYTON L. LEFEVEa , 59a-32, October 7, 1968 335e Mr. Robert Voss Page 3 March 2, 1972 ,eno more authority to decide municipal salaries than any private person or corporation individually, whether by initiative or referendum. I recognize that taken as a whole this letter may not be oP great help to you, but it is a rather complex and sensitive area. The meaning of the public interest in having a say in city government as against the j public interest in city government being able to function efficiently and without undue harassment are difficult to reconcile. The particular subject matter in your case, +he increase of gas rates, is perhaps even more troublesome than most. For one thing the public has obviously a very great interest in maintaining reasonable gas rates, but it is not likely that a referendum vote would be based on any rational interpretations of what might be a reasonable rate. In other words utility rate structure and rate regulation is a highly complex field and there are very few indivi- duals or groups who have any particular expertise in this area. There is little question that municipalities are at a disadvantage in rate regulation because they cannot afford to hire the necessary experts to challenge the rate increases. The answer may lie in some kind of a regional or state-wide regulatory agency to perform this function, but it appears to me unlikely that voters can serve this function through initiative or referendum. I hope the enclosed materials and rambling discussions will be of some help to you. If we can be of further assistance, please let us know. Sincerely, Louis W. Claeson, Jr. Staff Counsel LWC:dma Encls. ,,02/23/93 09:49 P02 council shall order a special election to fill the vacancy for the unexpired term except that in the case of a recall, the vacancy shall be filled in the manner provided by this charter. Section 10a. Notwithstanding the provisions of any general or apecial law or this charter, all police first employed by the city on and after June 15, 1972 shall be members of the Public Employees Retirement Associa- tion Police and Fire Fund, and shall not be eligible for membership in the Columbia Heights Police Relief Association. HE CITY MANAGER. The city manager shall be the chief 1.111440""11114-officer of the city. The city manager shall be chosen by the council solely on the basis of executive and administrative qualifi- cations and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and shall be removable by the council at any time. If removed at any time after one year of service, such person may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of suspension or removal and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city council within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of that office shall be performed by some properly qualified person designated by the council. Section 12. OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of office, take and subscribe an oath of office in substantially the following form: I do solemnly swear [or affirm) to support the constitution of the United States and of this state, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. Section 13. SALARIES. The mayor shall -receive a salary ofTwenty- Five Dollars [$25.00] per month, and the council members shall each receive a salary of Fifteen Dollars [$15.00) per month and in addition thereto when the council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1 .00) per hour. The city manager and all subordinate officers and employees of the city shall receive such salaries or wages as may be fixed by resolution of the council. Section 15. OFFICIAL BONDS. The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall each before entering upon the duties of their respective offices, give bond to the city in such sum as may be fixed by the council as an 3 , 02/23/93 09:50 P03 shall keep such records and perform such other duties as may be required by this charter or by vote of the council, The council may designate any official or employee of the city, except the city manager or a member of the council, to act as secretary of the council. Section 26. INVESTIGATION OF CITY AFFAIRS. The council and the city manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigation into the city's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The council may at any time provide for an examination or audit of . ccounts of any officer or department of the city government. Section 27. INTERFERENCES VITH ADMINISTRATION. Neither the council nor any o s committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any wanner interfere with the city manager or prevent the city manager from exercising judgment in the appointment of officers and employees in the administrative service, but this shall not be construed to prohibit the council from passing ordinances for establishing the merit system. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. CHAPTER 4 NOMINATIONS AND ELECTIONS Section 28. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year at such place or places as the city council may designate. At least fifteen days previous notice shall be given by the city clerk of the time and place of holding such election, and of the officers to be elected, by posting a notice thereof in at least the city's polling places, or by publish- ing a notice thereof at least once in the official newspaper, or both, as the council may ordain, but failure to give such notice shall not invalidate such election. Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held forty-tvo days before the regular municipal election in the year 1989 and biennially thereafter at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in 'such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary elec- 6 11-28-88 02/23/93 09:51 PO4 CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 53 POWERS AND DUTIES OF THE CITY MANAGER. Subject to the pro this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the admini- stration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. The city manager's powers and duties shall be: [a] To see that this charter and the laws, ordinances and resolutions of the city are enforced; [b] To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the de- partments, all appointments to be upon merit and fitness alone; [o] To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; [d] To attend all meetings of the council` with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; [a] To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; [f] To keep the oouncil fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; [g] To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and [h] To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. Section 54. DEPARTMENTS OF ADMINISTRATION. The council may create such departments, divisions, and bureaus for the administration of the city's affairs as may seem necessary, and from time to time alter the powers and organization of the same. It shall, in conjunction with the city manager prepare a complete administrative code for the city and enact the same in the form of an ordinance which may be amended from time to time by ordinance. Section 55. SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The council may by ordinanoe abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. 13 .► mft 0h 02/23/93 09:51 P05 Section 56 -URCHASES AND CONTRACTS. The city manager shall be chief purc g agent of the city. All purchases and contracts on behalf of the city shall be made by the city manager, but subject to the approval of the city council whenever the amounts of such purchases or contracts exceeds S3,000,00. All contracts of any kind to 'which the city is a party exceeding $3,000 and instruments for the conveyance of any real estate by the city shall be signed by the mayor and the city manager on behalf of the city and shall be executed in the name of the city. Section 37. CONTRACTS, HOY LET. All contracts of the city shall be let in accordance with the Uniform Municipal Contracting Law of the State of Minnesota, Further regulations for the taking of bids and letting of contracts may be made by ordinance. CHAPTER 7 TAXATION AND FINANCE Section 58, COUNCIL TO CONTROL FINANCES. The council shall have full authority over the financial affairs of the city, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public monies, and in the exercise of a sound discretion shall make appropriation for the payment of all liabilities and expenses. Section 59. FISCAL YEAR. The fiscal year of the city shall end each year on the 31st day of December. Section 60. TAXATION. Except as provided in this charter, the general laws of the state relating to taxation shall apply in this city. Section 61. BOARD OF EQUALIZATION. The council shall constitute a board of equalization and shall annually meet as such in the usual place for holding council meetings at a time set by the council to equalize assessments according to law. 4141511° PREPARATION OF THE BUDGET. The city manager shall prepare the .r the annual budget. The proposed budget shall be consistent with generally accepted accounting principles and shall contain estimates of reve- nue, itemized estimates of expenditures for both the current fiscal year and the ensuing fiscal year, comparisons with the revenues and amounts expended 14 03-10-91 . 02/23/93 09:52 D06 for the past two completed fiscal years, and such other information as the council may require. At a regular council meeting in August, the city manager shall present the budget along with a budget message which may highlight the important features of the budget and may contain such explanatory statements as the city manager shall deem necessary. Section 63. PASSAGE OF THE BUDGET, After presentation of the budget, the council may hold meetings from time to time to consider the estimates contained therein. Prior to adoption of the budget the council shall designate one meet- ing as a public hearing at which interested citizens will be given an oppor- tunity to question and comment on the budget estimates. The annual budget finally agreed upon shall be adopted by resolution of the council and shall constitute a financial plan for the city for the ensuing fiscal year. The total expenditures appropriated in the budget resolution shall not exceed the estimated revenues available from various sources. The council shall adopt the budget resolution for the ensuing fiscal year not later than the 10th day of October or such other date as may be fixed by state law. Section 644. ENFORCEMENT OF THE BUDGET. The city manager shall strictly enforce the budget. No expenditures may be made unless sufficient funds have been budgeted therefore. Any obligations incurred by any person in the employ of the city for any purpose not authorized or for any amount for which no money exists within the proper fund shall be a personal obligation upon the person incurring the expenditure. Section 65. MODIFICATIONS IN THE BUDGET. After the budget shall have been adopted, the council shall not have the power to increase the amounts appro- priated to the various funds, whether by insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed such estimates, and in that event not beyond actual receipts, The sums fixed in the budget shall be appropriated after the beginning of the fiscal year for the funds therein designated and no other. After passage of the budget, the council may at any time by four-fifths vote, transfer sums appropriated from one fund to another fund or transfer sums from the undesignated equity, subjeot to the limitations contained in the charter. Section 66. LEVY AND COLLECTION OF TAXES. The city clerk shall transmit to the county auditor annually, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment there.- of shall be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. Section 67. TAX SETTLEMENT KITH COUNTY TREASURER. The city treasurer shall see to it that all monies in the county treasury belonging to the city are promptly turned over to the city according to law. 15 02/23/93 09:52 1307 (e] Every franchise and every extension or renewal of suoh franchise shall contain a provision for its acceptance in writing by the grantee within thirty days after its passage by the council and before its submission to a vote of the people in case of a referendum. No such franchise shall be binding upon the city until its acceptance by the grantee. Such aooeptance shall be con- strued to be an acceptance of and consent to all the terms, conditions, and limitations contained in the ordinance granting the franchise as well as of the provisions of this charter. Section 101. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof, shall not be construed as impairing the right of the city to insert in any such franchise or restrictions as the council may deem proper to protect the city's interest, nor shall anything contained in this charter limit any right or power possessed by the city over existing franchises. CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES tion 102. ACQUISITION AND OPERATION OF UTILITIES. The City of Columbia Heights she ave power to acquire public utilities as provided in Chapter 9 of this charter. The operation of all public utilities owned by the city shall be under the supervision of the city manager. Section 103. RATES AND FINANCES. Upon recommendations made by the city manager or upon its own motion the council shall have the power to fix all rates and charges for water, light, heat, and all other utilities provided by plants owned by the city, but such rates and charges shall be just and reason- able. In like manner the council may prescribe the time and manner in which payment for all such service shall be made, and the manner in which water and electric current shall be computed or measured, whether by meter or flat rate, and make such other regulations as may be necessary, and may prescribe penal- ties for violations of such regulations , Section 1041. PURCHASE IN BULK. The council may, in lieu of providing for the local production of gas, electricity, water, and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Section 105. CITY TO PAY FOR SERVICES. The council shall make a reason- able charge, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power, or any other utility services, and shall credit the same to the publicly owned utility supplying the service. Such charges for light, heat, power, water and other services, shall be col- lected in the same manner as from other consumers, unless the council provides some other plan. Section 106. LEASE OF PLANT. The council may, if the public interests will be served thereby, contract with any responsible person, co-partnership, or corporation, for the operation of any utility owned by the city, upon such 26 FROM:COON RAPIDS PD TO: 612 784 3462 FEB 23, 1993 11:09AM #994 P.01 Post-ItTM,brand tax transmittal m ...,, v""111311,111111 71:214:11 :1111I (2 CITY OF COON RAPIDS, MINNESOTA co. AS / ,��l1 pePt. CHAPTER 1-600 Pnbnea . � Fsza 60 �"* c iI �{ Z ADMINISTRATION OF CITY AFFAIRS 1-601 The City Manaaer. The City Manager shall be the chief administrative officer of the City. He shall be chosen by the Council solely on the basis of his training, experience, and administrative qualifications, and need not be a resident of the City at the time of his appointment. The City Manager shall be appointed for an indefinite period and maybe removed by the Council at any time; but after he has served as Manager for one (1) year, he may demand written charges and a public hearing on the charges before Council prior to the date when his final removal takes effect. After such hearing, if one is demanded, the Council shall have unlimited discretion either to reinstate the Manager or make his removal final. Pending such hearing and removal, the Council may suspend the Manager from office. The Council may designate some properly qualified person to perform the duties of the Manager during his absence, suspension, or disability, or while the office of Manager is vacant. 1-602 Fowers and Dutie of the Citi Manage (1) Subject to the provisions of this Charter and any Council regulations consistent therewith, the City Manager shall control and direct the administration of the City's affairs. He shall have the powers and duties set forth in the following subdivisions. (2) He shall see that this Charter and the laws, ordinances, . and resolutions of the City are enforced. (3) He shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of departments, and all subord- inate officers and employees in the departments. (4) He shall exercise control over all departments and divisions of the City administration created by this Charter or by the Council. (5) He shall attend all meetings of the Council, with the right to take part in the discussion but not to vote; but the Council may in its discretion excuse him from any meeting. (6) He shall recommend to the Council for adoption such measures as he may deem necessary for the welfare of the people and the efficient administration of the City's affairs. (7) He shall keep the Council fully advised as to the financial condition and needs of the City, and he shall prepare and submit to the Council the annual budget. (8) He shall by administrative order provide for the administrative procedures to be used for the operation of the City and he may from time to time amend such orders as he deems necessary. (9) He shall perform such other duties as may be prescribed by this Charter or by law or required of him by ordinance or resolutions adopted by the Council. 1-600-1 FROM:COON RAPIDS PD TO: 612 784 3462 FEB 23, 1993 11:10AM #994 P.02 1-603 Departments of Administration. The Council may, by ordinance, establish, alter, or amend policies of administrative procedure including authorization to the City Manager to create such departments, divisions, and bureaus for the administration of the City affairs as he may deem necessary. 1-604 Subordinate Officer There shall be a City Clerk and such other officers subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be subject to the direction of the City Manager, shall keep the public records, and shall have other duties as the City Manager shall prescribe. He may be designated to act as a secretary of the Council and also as treasurer. The Council may, by ordinance, abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. 1-605 purchases and contracts. The City Manager shall be the chief Purchasing Agent of the City. All City purchases and contracts shall be made or let by the City Manager when the amount of the purchase or contract does not exceed $3 , 000. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the city and shall be executed in the name of the City. 1-606 Repealed. 1-600-2 ) PAUL_ 02-22-1993 15:59 P.02 ORDINANCE N0. 910 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH ST. PALL BY ADDING CHAPTER 250 ESTABLISHING THE OFFICE OF CITY ADMINISTRATOR. The City Council of the city of South St. Paul does ordain: Section I. That the Municipal Code of the City of South St. Paul is amended by adding Chapter 250 to read: 250. CITY ADMINISTRATOR 250.01 Office of City Administrator Established. There is hereby created and established the office of City Administrator. The City Administrator shall be appointed by the City Council for an indefinite term to serve at the pleasure of the City Council. The compensation to be paid the City Administrator $hall be fixed by the City Council. 250.02 Duties. (1) The City Administrator shall be the chief management and administrative officer of the City to whom the Mayor and City Council shall delegate such management and administrative aut'hority• as they from time to time deem necessary, appropriate and in the best interests of the City. (2) The duties of the City Administrator hshallin include, but not bel limited to the following: (a) City s pertaining to or affecting the operation of the government of the City and the City proper, prepare the agenda for City Council meetings, participate in City Council meetings in an advisory capacity, but shall not have a right to vote; (b) effectively implement all policies and programs established by the City Council; (c) cause to be enforced or • supervise enforcement of all ordinances and regulations of the City and recommend modifications to the Municipal Code: (d) supervise the operations and functions of all departments of the City; (e) conduct or supervise all personnel functions, except as otherwise provided by ' law, and recommend appointment and removal of personnel, conduct or supervise employee and labor •relations activities: (f) serve as Chief budget officer to the City, supervise preparation of the budget, submit budget to the City Council for consideration and action, and monitor budget compliance: (g) act as chief purchasing officer to expend funds not to exceed $1,000 on items approved in the budget; (h) as directed by the City Council to represent the City in coordinating and cooperating with other governmental units, and business and citizen groups affected by City policies and operations; (i) provide information and staff assistance to all advisory bodies to the City Council and conduct or supervise all research and management analysis activities: and (j) perform such other tasks and duties as may be assigned or delegated to the office from time to time by the City Council." Section II. This ordinance shall be in force from and after its passage, approval and publication. FEB 22 '93 16:06 CITY OF.,"0 .3 „s'+ E P.2/4 . 4 ti CITY CHARTER CHAPTER 6 ACMINISlRATION OF CITY AFFAIRS Section 6.01. .hg City _Manager. The city manager shall be the chief administrative officer of the city. The city manager shall be chosen by the council solely on the basis of that person's training, experience, and adninistrative qual ifications. The choice shall not be limited to inhabitants of the city or state but the city manager shall be a citizen of the United States. The city manager shall be appointed for an indefinite period and the city manager shall be removed at the discretion of the council at any time by a three-fifths vote of the city council. During the absence or disability of the city manager, the duties of that office shall be performed by some properly qualified person designated by the council as acting manager. (As amended by Charter Amendment Ordinance No. 3, adopted unanimously by the City Council the 5th day of December, 1968.) (As amended by Charter Amendment No. 18, Ordinance No. 89-11, adopted unanimously by the City Council the 8th day of August, 1989. ) Section 6.02. Powers And Duties _of The City Manager. Subdivision 1. Subject to the provisions of this charter and any council regulations consistent therewith, the city manager sh al l control and direct the administration of the city's affairs. The city manager shall have the powers and duties set forth in the following sub-divi si ons: Subdivision 2. The city manager shall see that this chapter and the laws, ordinances and resolutions of the city are enforced. Subdivision 3. The city manager shall appoint, upon the basis of merit and fitness and subject to applicable civil service rules, if any, all employees of the city, except that the appointment of officers and 'department heads shall be upon the advice and consent of the council and except that the appointment, removal and suspension of the city attorney, and fire chief and Members of the fire department shall be at the sole discretion of the council . The city manager may remove or suspend any employee subject to applicable civil service provisions, if any, except that the removal or suspension of officers and department heads shall be with the advice and consent of the council . (As amended by Charter" Amendment Ordinance No. 3, adopted unanimously by the City Council the 5th day of Decenber, 1968) (As amended by Charter Amendment No. 18, Ordinance No. 89-11, adopted unanimously by the City Council the 8th day of August, 1989. ) (25) FEB 22 '93 16:07 CITY OF ROBBINSDALE P.3/4 f' CITY CHARTER Subdivision 4. The City Manager shall exercise control over all departments and divisions of the city administration created by this charter or by the council. Subdivision 5. The City Manager shall attend all meetings of the council, with the right to take part in the discussion but not to vote; but the council may in its discretion exclude the city manager fran any meeting at which the city manager's removal is considered. Subdivision 6. The City Manager shall recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs. Subdivision 7. The City Manager shall keep the council fully advised as to the financial condition and needs of the city, and the city manager shall prepare and submit to the council the annual budget. Subdivision 8. The City Manager shall prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and fran time to time the city manager shall suggest amendments to such code. Subdivision 9. The City Manager shall perform such other duties as may be prescribed by this charter or by law or required of the office by or di nances or resol uti ons adopted by the council . (As amended by Charter Amendment No. 18, Ordinance No. 89-11, adopted unanimously by the City Council the 8th day. of August, 1989.) Section 6.03. Departments 4f Administration. The council may createsuch -departments, divisions, and bureaus for the admini strati on of the city's affairs as may seen necessary, and fran time to time alter their powers and organizations. It may, in conjunction with the city manager, prepare a canpl ete administrative code for the city and enact it in the form of an ordi na nce, which may be amended f ran time to time by ordinance. (26) FEB 22 '93 16:08 CITY OF ROBBINSDALE P.4/4 CITY CHARTER Section 6. 04 . Subordinate Officers. There shall be a city c; erk , city treasurer , city assessor , and such other officers subordinate to the city manager as the council may create by ordinance. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records , the custody and disbursement of the public funds, and the general administration of the city's affairs as the council and this charter prescribe. The city clerk may be designated to act as secretary of the council and also as treasurer. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Section 6 . 05. Purchase And Contracts. The City Manager shall be the chief purchasing agent of the city. All city purchases and contracts shall be made or let by the City Manager when the amount of the intended purchase or contract does not exceed twenty five hundred ($2,500) dollars subject to the limitations as set forth in Section 6.06. (As amended by Charter Amendment No. 9 , Ordinance No. 76-1, adopted unanimously by the City Council the 9th day of February, 1976. ) Section 6. 06. Contracts: How Let. Contracts entered into by the city for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or mainte- nance of real orpersonal property shall be governed by state laws relating to such contracts. (As amended by Charter Amendment No., 9. Ordinance No. 76-1, adopted unanimously by the City Council the 9th day of February, 1976. ) (As amended by Charter Amendment No. 12 , Ordinance No. 78-12, adopted unanimously by the City Council the 21 day of November, 1978 . ) . (As amended by Charter Amendment No. 23 , Ordinance No. 91-09 , adopted unanimously by the City Council on the 3rd day of September, 1991. ) (27) CITY OF FRIDLEY TEL : 612-571-1287 Feb 19 , 93 16 :07 No .006 P .02/03 6. 02 CHAPTER 6 • ADMINISTRATION OF CITY AFFAIRS Section 6. 01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the Council solely on the basis of training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the council at any regularly scheduled meeting provided at least three (3) members of the Council vote for the removal. (Ref. Ord. 790, Ord. 857) Section 6. 02 . POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council, the City Manager shall control and direct the administration of the City's affairs. The City Manager's powers and duties shall be: (a) To enforce this Charter and the laws, ordinances and resolutions of the City; (b) To appoint with the consent and approval of the Council all subordinate officers and employees; (c) To remove any subordinate officer or employee, provided that the Council is notified; (d) To exercise control over all departments and divisions of the City administration created by this Charter or which may hereafter be created by the Council; (e) To attend all meetings of the Council, with the right to take part in the discussions but having no vote; but the Council may at its discretion exclude the City Manager from meetings at which the City Manager's removal is considered; (f) To recommend to the Council for adoption such measures as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised as to the financial condition and needs of the City, and to prepare and to submit to the Council the annual budget; 10/05/89 , CITY OF FRIDLEY TEL : 612-571-1287 Feb 19 ,93 16 :07 No .006 P .03/03 6.06 (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref.\ord.\790, Ord. \857) Section 6.03 . DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter the powers and organization of the same. It may enact in the form of an ordinance such administrative code for the City as may seem necessary and may amend the same from time to time. Section. 6. 04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s) . The City Clerk shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and. general administration of the City' s affairs as shall be ordained by the Council. The City Clerk may be designated to act as Secretary of the Council. The Council may combine the duties of various offices as it may see fit. (Ref./Ord./625, Ord. 790, Ord. 857) Section 6. 05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State statutes. All contracts, bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City Manager, and shall be executed in the name of the City. (Ref./Ord./625) Section. 6. 06. CONTRACTS, HOW LET. In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise' provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder as determined by the Council. The Council may, however, reject any and all bids. Nothing contained �-' 10/05/89 FEB 22 '93 03:29PM CITY OF ANOKA P.2 14. CHAPTER 7 ADMINISTRATION OF CITY AFFAIRS Section 7.01 The City Manager. The city manager shall be the chief executive and head of the administrative branch of the city government. He shall be chosen by the council solely on the basis of his training, experience, and administrative qualifications. He need not be a resident of the city or state at the time of his appoint- ment, but during his tenure of office he shall reside within the city. The city manager shall be appointed for an indefinite period and may be removed by the council at any time; but after he has served as mana- ger for one year, he may demand written charges and a public hearing before the date when his final removal cakes effect. Written charges, if demanded, shall be furnished a reasonable time before the public hearing. After such hearing, if one is demanded, the council shall have unlimited discretion either to reinstate the manager or make his removal final. Pending such hearing and removal, the council may suspend the manager from office. The council may designate some pro- perly qualified person to perform the duties of the manager during his absence, disability, suspension, or while the office of the man- ager is vacant. Section 7.02 Powers and Duties of the City Manager. Subd. 1. Subject to the provisions of this charter, any council regulations consistent therewith, and any other applicable laws, the city manager shall control and direct the administration of the city's affairs. He shall have the powers and duties set forth in the follow- ing subdivisions. Subd. 2. He shall see that this charter and the laws, ordinances, and resolutions of the city are enforced. Subd. 3. He shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the city clerk, all heads of departments other than the city attorney and any assistant city attorney and all subordinate officers and em- ployees in the departments. Appointment or removal of department heads shall be made final only upon a majority vote of the council. Subd. 4. He shall exercise control over all departments and divi- sions of the city administration created by this charter or by council. Subd. 5. He shall recommend to the council for adoption such measures as he may deem necessary for the welfare of the people and the efficient administration of the city's affairs. Subd. .6. He shall attend all meetings of the council with the right to take part in any discussion, but not to vote; but he may not attend any meeting at which the council is considering his dismissal. Subd. 7. He shall keep the council fully advised as to the finan- FEB 22 '93 03:30PM CITY OF ANOKA P.3 15. cial condition and needs of the City, and he shall prepare and submit to the council the annual budget. Subd. 8. He shall prepare and submit to the council for adoption, an administrative code incorporating the details of administrative procedure, and from time to time he shall suggest amendments to such code. Subd. 9. He shall perform such other duties as may be prescribed by this charter or by law or required of him by ordinance or resolutions adopted by the council. Section 7.03 Departments of Administration. The council may create such departments, divisions, and bureaus for the administration of the city's affairs as it may deem necessary, and from time to time alter their powers and organization. It shall, together with the city manager, prepare and enact a complete administrative code in the form of an ordinance, which may be amended from time to time by ordinance. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Subordinate Officers. There shall be a city clerk and such other officers subordinate to the' city manager as the council may create by ordinance. The council may, by ordinance, abolish offices which have been created by ordinance, and it may combine the duties of various �^.. offices as it may see fit. Section 7.04 City Attorney. The council shall appoint, by the vote of a majority of all its members, a city attorney, who shall be the legal adviser for all officers of the city and shall render such legal services as may be requested by the council. With approval of the council he may appoint such assistant attorneys as may be necess- ary. Section 7.05 Attendance of Employees at Council Meetings. The heads of departments and any other employee of the city shall attend any meeting of the council at which his presence is requested by the council. Section 7.06 Contracts. Contracts for the purchase of merchan- dise, materials or equipment, or for any kind of construction work shall be governed by the provisions of M.S.A. Section 471.345. No contract of more than the sum provided for by M.S.A. Section 471.345, for the purchase of merchandise, materials or equipment, or for any kind of construction work, shall be let by the council unless an ad- vertisement for bids for such merchandise, materials or equipment, or construction work, has been published at least once in the official newspaper of the city at least seven days before the date on which bids for such contract are to be received; provided, that in the event of an emergency determined to exist by resolution adopted by the favorable vote of four-fifths of all members of the council, the council may make Sec. 7.03 amended by Ord. #644 effective 10-11-80 Sec. 7.05 amended by Ord. #644 effective 10-11-80 Sec. 7.06 amended by Ord. #644 effective 10-11-80 Crystal City Charter • Page 14 CHAPTER 6 ADMINISTRATION OF CITY Section 6.01. City Manager, Subdivision 1. The city manager is the chief administrative officer of the city. The manager is appointed by the city council solely on the basis of training,experience, and executive and administrative qualifications. With the approval of the council,the manager may designate some properly qualified person to perform the duties of the manager during the absence or disability of the manager or while the office is vacant. • Subd. 2. The city manager is appointed for an indefinite term and may be removed at any time by an affirmative vote of a majority of the council. After having served for one year,the manager may demand written charges and a public hearing on the charges before the council prior to the date when the final removal takes effect. After the hearing,if one is demanded,the council may either reinstate the manager or make the removal final. Pending the hearing and removal, the council may suspend the manager from office and appoint an acting manager. Section 6.02. Manager: Powers and Duties, Subdivision 1. The manager is responsible to the council for the administration of the city's affairs. The manager has the powers and duties specified in this section. Subd. 2. The manager must insure that this charter, the laws and ordinances of the city and the resolutions of the city council are enforced. Subd. 3. The manager appoints on the basis of merit and fitness,officers and employees of the city except the city attorney who is appointed and removed by the city council, The manager may remove or suspend officers and employees of the city with the consent of the council. (Amended,Ordinance No. 90-22,February 1, 1991.) Subd.4. Except as otherwise provided by this charter or law, the manager directs departments and divisions of the city administration. Subd.5. The manager must attend meetings of the council. The manager may take part in discussion at council meetings but may not vote. The council may exclude the manager from a meeting at which the manager's removal is considered.. Subd.6. The manager may recommend to the council for adoption measures deemed necessary for the welfare of the people and the efficient administration of the city's affairs. Subd. 7. The manager must keep the council fully advised on the financial condition and needs of the city and prepare and submit the annual budget to the council. Subd. S. The manager performs the other duties prescribed by law,this charter or by the council. Section 6.03. Departments, The council may create departments,divisions and other units of the city administration consistent with this charter and law. Section 6.04. Officers. The officers of the city are the city clerk and the other officers subordinate to the city manager created by the council by ordinance or resolution. The clerk is responsible for the keeping of city records, and, under the direction of the manager,the general administration of the city's affairs. The council may by ordinance abolish offices that have been created by ordinance �✓ and combine the duties of various offices. IO/10 'd N1760L£5Z19 'ON Xdd 1J1SANO . O AJ,I0 EV:SI NOW £6-ZZ-88d r Crystal City Charter Page 14 CHAPTER 6 ADMINISTRATION OF CITX Section 6.01. City Manager. Subdivision 1. The city manager is the chief administrative officer of the city. The manager is appointed by the city council solely on the basis of training,experience, and executive and administrative qualifications. With the approval of the council,the manager may designate some properly qualified person to perform the duties of the manager during the absence or disability of the manager or while the office is vacant Subd. 2. The city manager is appointed for an indefinite term and may be removed at any time by an affirmative vote of a majority of the council. After having served for one year,the manager may demand written charges and a public hearing on the charges before the council prior to the date when the final removal takes effect. After the hearing,if one is demanded,the council may either reinstate the manager or make the removal final. Pending the hearing and removal,the council may suspend , the manager from office and appoint an acting manager. • Section 6.02. Manager: Powers and Duties. Subdivision 1. The manager is responsible to the council for the administration of the city's affairs. The manager has the powers and duties specified in this section. Subd. 2. The manager must insure that this charter, the laws and ordinances of the city and the resolutions of the city council are enforced. Subd. 3. The manager appoints on the basis of merit and fitness,officers and employees of the city except the city attorney who is appointed and removed by the city council. The manager may remove �-- or suspend officers and employees of the city with the consent of the council. (Amended,Ordinance No. 90-22, February 1, 1991.) Subd.4. Except as otherwise provided by this charter or law,the manager directs departments and divisions of the city administration. Subd.S. The manager must attend meetings of the council.'The manager may take part in discussion at council meetings but may not vote. The council may exclude the manager from a meeting at which the manager's removal is considered. Subd.6. The manager may recommend to the council for adoption measures deemed necessary for the welfare of the people and the efficient administration of the city's affairs. Subd_7. The manager must keep the council fully advised on the financial condition and needs of the city and prepare and submit the annual budget to the council. • Subd. 8. The manager performs the other duties prescribed by law, this charter or by the council. Section 6.03. DeRartments. The council may create departments,divisions and other units of the city administration consistent with this charter and law. Section 6.04. Officers, The officers of the city are the city clerk and the other officers subordinate to the city manager created by the council by ordinance or resolution. The clerk is responsible for the keeping of city records, and, under the direction of the manager, the general administration of the city's affairs. The council may by ordinance abolish offices that have been created by ordinance .�.✓ and combine the duties of various offices. ZO/z0 'd 171760L£9ZI9 'ON Xdd 1VISANO EO A,LIO 917:9t NOW £6-ZZ-88d FEB-22-199316:25 FROM CITY OF ELAINE TO 7643462 P,01 • N! Y. ,`')(^. �" • "k�i!�<_;•,^i,.r. •;:a:;f!l yYr!. •dj1pC.`ip 711/"JVe°2 wkit've f)11'" t-41-"1 eiji;t1 op iv_41 ,1„,.. yyLr ‘ § 1.02 ELAINE CODE- charter shall be construed liberally in favor of the city, and • the specific mention of particular powers in the charter shall not be construed as Iimiting in any way the generality of the power herein sought to be conferred. Sec. 1.03. Charter a public act. This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty (30) days from and after its adoption by the voters. CHAPTER 2. FORM OF GOVERNMENT Sec. 2.01. Form of government. The form of government established by this charter is the "council-manager plan". The council shall exercise the legis- lative power of the city and determine all matters of policy. The cit mans r shall be the head of the administrative branch of the city government and shall be responsible to the council for the proper administration of all affairs relating the city. See, 2.02. Boards and commiesiona. There shall be no separate administrative board of health, library board, park board, or any other administrative board or commission, except for the administration of a function jointly with another political subdivision. The council shall itself be and perform the duties and exercise the powers of such boards and commissions. The council may, however, es- tablish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi- judicial functions. Sec. 2.03. Elective offices. • The council shall be composed of a mayor and six (6) councilmembers who shall be qualified voters of the City of Blaine. The councilmembers shall be elected for a term of two (2) years and shall serve until their successors are elected 2 CITY OF WEST PAUL ID : FEB 22 '93 16 :04 No .010 P .01 JJst 'i I/ -18- CHAPTER VI. ADMINISTRATION OF CITY AFFAIRS Sec. 6.01 . The City Manager. The City Manager shall be the chief administrative officer of the City. The Manager shall be chosen by the Council solely on the basis of experience and professional qualifications. He or she need not be a resident of the City, but shall be a citizen of the United States. The City Manager shall be appointed by the Council for an indefinite term and may be removed by the Council at any time during the first year of service; but after he or she has served as City Manager for one (1) year, he or she can be removed, discharged, or suspended without pay for not in excess of thirty (30) days, at any time by the affirmative vote of a majority of the Council . In case of any such action by the Council , the City Manager may, within fifteen (15) days after notice of removal , discharge or suspension, make demand on the City Clerk for written charges specifying the grounds for such removal , discharge or suspension, and a public hearing shall be held by the City Council thereon within ten (10) days of the written request by the City Manager and until such hearing is held, the proposed removal , discharge or suspension shall not take effect. If such hearing is demanded and is held, the Council shall have unlimited discretion either to reinstate the City Manager and revoke any suspension or make his or her removal or discharge final . Pending such hearing and removal or discharge, the Council may suspend the City Manager from office without pay for not more than thirty (30) days. During the absence, disability or suspension without pay of the City Manager, or during such time as the :office of City Manager may be vacant, the Council may designate, on a temporary_,.basis, some properly qualified person to perform the duties of the City Manager. Sec. 6.02. Powers and Duties of the City Manager. Subd. 1 Subject to the provisions of this Charter and any Council regulations consistent therewith, the City Manager shall manage, control and direct the administration of the City's affairs. The Manager shall have the powers and duties set forth in the following subdivision. Subd. 2. The Manager shall see that this Charter and laws, ordinances and resolutions of the City are enforced. Subd. 3. Except for the City Attorney who shall be selected, appointed, and removed by the Council , the City Manager shall appoint, promote and remove, upon the basis of merit and fitness the City Clerk, all heads of departments and all subordinate officers and employees in the departments. No subordinate officer or employee of the City shall be discharged from his or her employment unless and until such employee has had a hearing by the Council if such employee requests the hearing within fifteen (15) days of the effective date of such discharge or such greater period as may be specified in any contract with the City covering such employee. Post-!t' brand fa and fax transmittal memo 7671 �r of pages I, 3 jp CJ//",, tQ J1QJW $►� Fro W ' cteL Dept. Phone N 5 c 2. _i f ja J V ax d -a d —3 Z Fec# �c�_ Lir51 CITY OF WEST PAUL ID : FEB 22 '93 16 : 05 No .010 P .02 -19- Subd. 4. The Manager shall exercise full control over all departments and divisions of the City administration created by this Charter or by the Council pursuant to this Charter. Except as provided by the Statutes of the State of Minnesota or by other specific provisions of this Charter, the Manager shall exercise full control over all departments and divisions of the City Administration created by this Charter or by the Council pursuant to this Charter. Subd, 5. Except for such meetings of the Council at which his or her removal , discharge or suspension is to be considered, he or she shall attend all meetings of the Council and shall have the right to take part in the discussion at any meeting of the Council , but he or she shall not have the right to vote thereat. Subd. 6. The Manager shall make written recommendations to the Council for adoption of such measures as he or she may deem necessary for the City or the welfare of its people or the efficient administration of the City's affairs. Subd. 7. The Manager shall see that the Council is kept informed at least quarter-annually as to the Financial condition of the City and its fiscal needs. The Manager shall prepare and submit to the Council not later than the first regular meeting of the Council in September of each year the annual budget for the operation of the City and the conduct of its affairs for the ensuing calendar year. Subd. 8. The Manager shall review the administrative code from time-to-time and shall make recommendations to the Council respecting amendments thereto which he or she deems appropriate. Subd. 9. The Manager shall perform such other or further duties as may be prescribed by this Charter or by law or required by ordinance or resolution adopted by the Council not inconsistent with the provisions of this Charter. Sec. 6.03. Department of Administration. The Council shall in conjunction with the -n-1y Manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended from time to time by ordinances; but in so doing, the Council may not create any department, division, bureau or position for the administration of the City's affairs contrary to the provision of this Charter. Sec. 6.04. Subordinate Officers. Except as otherwise herein provided, there shall be a City Clerk, a Cfty Treasurer, and such other officers subordinate to the City Manager as the Council may create by ordinance. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties in connection with the keeping of the public records and the general administration of the City's affairs as is prescribed in the administrative code. The City Treasurer shall be subject to the direction of the City Manager and shall have the custody and disbursement of the public funds. Except for those offices specified in this Charter, the Council may by ordinance abolish any office or combine the duties of various offices which have been created by ordinance prior to the adoption of this Charter. CITY OF WEST PAUL ID : FEB 22 '93 16 :05 No .010 P .03 -20- Sec. 6.05. Purchases and Contracts. The City Manager shall be the chief purchasing agen o t e i y. Ali city purchases and contracts shall be made or let by the City Manager when the amount of the purchase or contract does not exceed $8,500.00. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Sec. 6.06. Contracts: How Let. In all cases of work to be done by contract, or of the purchase of personal property of any kind, where the amount involved is more than $8,500.00, unless the Council shall by emergency ordinance otherwise provide, the City Manager shall advertise for bids in such manner as may be required by law. Contracts of this magnitude shall be let only by the Council to the lowest responsible bidder after consideration of the recommendation of the City Manager. The Council shall require every bid to be accompanied by a bond or certified check in such sums and with such surety and conditioned as the Council may prescribe. The Council may, however, reject any and all bids. Nothing contained in this section shall prevent the Council from contracting by a two-thirds vote for the doing of work with patented processes, or from the purchasing of patented appliances by the same majority. Subject to the provisions of this Charter, the Council may by ordinance adopt further regulations for the making of bids and the letting of contracts. Sec. 6.07. Labor Contracts. The City Manager is responsible for negotiating contracts with the City officers and employees or their bargaining agents to extend for an appropriate term and shall submit the final agreement to the City Council for approval . FEB 22 '93 16:42 CITY OF LINO LAKES .' -.1/1 Iliii Md�oir4 I : •.L. fir,- CHAPTER VI ADMINISTRATION OF CITY AFFAIRS ` Section 6. 01 . Administration Responsibility, The Council , as a body, 4;74'1r' ^ It . shall be responsible for the administration of the City . The Council ` shall appoint a City Administrator to assist in the administration of L. • City affairs . fr - Section 6. 02 . Administrative Orgainzation. e,:•; ':I i - _ Subdivision 1 . The Council may by Ordinance establish City Departments , ;i1 offices and agencies , and prescribe their functions . No power or duty . conferred by this Charter upon a particular office or agency shall be �; transferred to any other. j'` I'' ^: Subdivision 2 . The City Council shall hire remove head of departments , 4:1 and such other further officers and personnel as may be required to , }s: operate the City efficiently . i Section 6. 03 . City Administrator . The City Administrator shall be the ;:1 :• .), . • chief executive officer .far the Council . The Council by ordinance shall ;fit. -, establish thepowers , duties , reporting requirementsCity � ' and re orcin of the � ,e, : Administrator. �.' Section 6 . 04 . Clerk-Treasurer. The Council shall appoint a Clerk- Treasurer. The Clerk-Treasurer shall : i~ ;:r (1) report directly to the City Administrator.., and (2) have the duties and responsibilities determined by applicable State Law and City Ordinances . `�,, s Section 6. 05 . Basis for Hiring and Removal . The basis for hiring f' a' - , shall be merit and appropriate qualifications . Removal_ shall be based on just cause , as conclusively determined by the Council . `, ,;f krw • Post-ItTM brand fax transrriittal memo 7671 #of pages► ! �;ii . F 4, C j � Phone# f �• ,.IJ6,' Dept. -5� it.Fax#7g ` 3G `• . :i..: •r 11i 02/22/93 15:48 FAX 612 861 9749 CITY-RICHFIELD 444 CITY OF MV (j002 CHAPTER 6 • ADMINISTRATION OF CITY_ AFFAIRS Section 6.01_ The City Manager_ The City Manager shall be the chief executive and head of the administrative branch of the City government and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. The City Manager need not be a resident of the City or state at the time of appointment, but during tenure of office, shall reside within the City. The City Manager shall be appointed for an indefinite period and may be removed by the Council at any time; but after serving as Manager for one year, the Manager may demand written charges and a public hearing before the date when his final removal takes effect. Written charges, If demanded, shall be furnished a reasonable time before the public hearing_ After such hearing, if one is demanded, the Council shall have unlimited discretion either to reinstate the Manager or make removal final. Pending such hearing and removal, the Council may suspend the Manager from office. The Council may designate some properly qualified person to perform the duties of the Manager during the Manager's absence, disability, suspension, or while the office of the Manager is vacant. (Bill 1990-13) 09-10-90 Section 6.02. Peters and Duties of t_he City Manager. Sub. 1. Subject to the provisions of this Charter, any Council regulations consistent therewith, and any other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions: (Bill 1990-13) 09-10-90 Sub. 2_ The City Manager shall see that this Charter and the laws, ordinances and resolutions of the City are enforced. (Bill 1990-13) 09- 10-90 Sub. 3. The City Manager shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of departments and all subordinate officers and employees in the departments. The Director of Public Safety, having administrative and supervisory control over the police and fire divisions of the Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the City. Appointment or removal of department heads shall be made final only upon a majority vote of the Council. (Bill 1981-35) 12-28-81 Sub. 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this Charter or by the Council. (Bill 1990-13) 09-10-90 Sub. 5. The City Manager shall recommend to the Council for adoption such measures as he or she may deem necessary for the welfare of the people and the efficient administration of the City's affairs. (Bill 1990-13..) 09-10-90 vor CITY CHARTER CITY OF RICHFIELD, MINNESOTA A.18 ai-» in- , 02/22/93 15:48 FAX 612 861 9749 CITY-RICHFIELD .44 CITY OF MV 0003 • Sub. 6. The City Manager shall attend all meetings of the Council with the right to take part in the discussion, but not to vote; but may not attend any meeting at which the Council is considering his or her dismissal. (Bill 1990-13) 09-10-90 Sub. 7. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City, and shall prepare and submit to the Council the annual budget. (Bill 1990-13) 09-10-90 Sub_ 8. The City Manager shall prepare and submit to the Council - for adoption an administrative code incorporating the details of administrative procedure, and from time to time shall suggest amendments to such code. (Bill 1990-13) 09-10-90 Sub. 9. The City Manager shall perform such other duties as may be prescribed by this Charter or by law or required by ordinance or resolutions adopted by the Council. (Bill 1990-13) 09-10-90 Section 6.03. Departments of Administration. The Council may create such departments, divisions and bureaus for the administration of the City's affairs as it may deem necessary, and from time to time alter their powers and organization. It shall, together with the City Manager, prepare and enact a complete administrative code in the form of an ordinance, which may be amended from time to time by ordinance. The Council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Section 6.04. Right of City Manager an Other Officers in Council. The City Manager, the heads of all departments and such other officers of the City as may be designated by vote of the Council, shall be entitled to seats in the Council, but shall have no vote therein. The City Manager shall have the right to take part in the discussion of all matters coming before the Council, except as provided in Section 6.02, Subdivision 6, and the department heads and other officers shall be entitled to take part in all discussions of the Council relating to their respective offices, departments or agencies. Section 6.05. purchases and Contracts. The City Manager may make or let contracts for the purchase or sale of supplies, materials, equipment, or the rental thereof, or any kind of construction or repair work involving real or personal property, or for the purchase of personal services, when the amount of such contract does not exceed $10,000_ If such contract exceeds the last stated amount but is not more than $15,000, same may be made or let by the City Manager after first obtaining approval of the City Council. If such contract is for the purchase of personal services and exceeds 815,000, same shall be made or let by the City Manager after first obtaining approval of the City Council. Every contract for the sale or purchase of merchandise, materials or equipment, or the alteration thereof, or for the construction, alteration, repair or maintenance of real or personal property, where the amount involved is more than $15,000 shall be let only by the City Council upon the recommendation of the City Manager to the lowest responsible bidder, sinless the Council shall otherwise r✓ CITY CHARTER CITY OF RICHFIELD, MINNESOTA A.19 9/23/92 02/22/93 15:49 FAX 612 861 9749 CITY-RICHFIELD 444 CITY OF MV Ij004 • provide by resolution adopted by a majority of the Council and published once in the official legal newspaper of the City. The Council may, however, reject any and all bids. Subject to the provisions of the Charter, the Council may by ordinance adopt further regulations for making of bids and letting of contracts. All other contracts shall be let by the Council. (Bill 1987-21) 8-13-87 Section 6.06. Contracts: How Let. Every contract for the sale or purchase of merchandise, materials or equipment, or the rental thereof, or for the construction, alteration, repair or maintenance' of real or personal property, where the amount involved is more than $15,000 shall be let only by the Council upon the recommendation of the City Manager to the lowest responsible bidder, unless, the Council shall otherwise provide by resolution adopted by a vote of a majority of the Council and published once in the official legal newspaper of the City. The Council, may, however, reject any and all bids. Subject to the provisions of the Charter, the Council may by ordinance adopt further regulations for making of bids and letting of contracts. (Bill 1983-29) 12-12-83 141110,1 tool CITY CHARTER CITY OF RICHFIELD, MINNESOTA A.20 9/23/92 CITY OF BROOKLYN CENTER TEL : 1-612-569-3494 Feb 22 ,93 15 : 35 No .008 P .01 t • Manager shall be a citizen of the United States and shall be appointed for an indefinite period. The City Manager shall be removable by the Council at will, �... provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written .charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ton (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02 kOWRRS AND DUTIES OF TUE CITY MANAGER. §ubdivi.sion 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws , the City Manager shall control and direct the administration of the City's affairs . The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2 The City Manager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. (b) The. Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. (c) Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the Fire Department shall be by the Fire Chief with the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. Subdivision 4, The City Manager shall exercise control over all departments and divisions of the City administration created by this charter or by the Council, Subdivision L. The City Manager shall attend all meetings of the L-/ Post-It'"brand fax transmittal memo 7871 I N of pages ► To--) , From jj {1 I Co. Co. Dept. Phone CITY OF BROOKLYN CENTER TEL : 1-612-569-3494 Feb 22 ,93 15 : 35 No .008 P .02 i K Council, unless excused by the Mayor, with the right to take part in the discussion, but not to vote; but the Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Subdivision 6. , The City Manager shall recommend to the Council for adoption such measures as the City Manager may deem necessary for the welfare of the people and the efficient administration of the City's affairs, Subdivision 7. The City Manager shall keep the Council fully advised as to the as to the financial condition and needs of the City, and shall prepare and submit to the Council the annual budget.. Subdivision 8. The City Manager shall prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure, and shall, from time to time, suggest amendments to such code. Subdivision 9. The City Manager shall perform such other duties as may be prescribed by this charter or by law or required of the City Manager by ordinance or resolutions adopted by the Council. Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create or abolish such departments, division, and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter their powers and organization. It may, in conjunction with the City Manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended form time to time by ordinance.. Section 6.04. SUBORDINATE OFFICERS, There shall be a City Clerk, City Treasurer, and such other officers subordinate to the City Manager as the Council, may create by ordinance, The City Clerk shall be subject to the direction of the City Manager, and shall have duties in connection with the keeping of the public records and such other 'duties as may be assigned by the City Manager or by the provisions of this charter. The City Treasurer shall have such duties in connection with the receipt, disbursement and custody of public funds as may be assigned by the City Manager and other provisions of this chatter. The provisions of this charter shall not be construed so as to prevent the combining of the offices of City Clerk and City Treasurer. The Council may by ordinance abolish offices which have been .created by ordinance, and may combine the duties of various offices as it may see fit. Section 6.05. PURCHASES AND CONTRACTS. The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. See tion 6.06_. CONTRACTS: HOW LET, Every contract for the purchase of supplies, materials, equipment or the rental thereof, the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471. 345, -12- i .=, 1 , ' still •alive e rule: is itCityholm•in Minnesota? Stan Peskar, LMC General Counsel For the first time in the state's eek regress of withingrouagovernmental the city, or from anywhere. ccommunity to from the council, from the electors of history, a city has abandoned a cityproblems without going to the Legisla- Minnesota home rule charters have charter. Another is considering doing P about four forms of government. They theta Since no y in Min- ture to seek courta sdecision the city man - home has adopted a city charter. Since recalla eltionstfewer charters with a city administrator;�cil (72), often There appears to a trenaway from orinclude n uand referen- rule for Minnesota cities. The d and(J thisSeaninitiative�. There have council(four)cil 30); the strong and the commission yor vitality of Minnesota home rule move- anent is the decreasenfrom mrpreviousbeen successfulUtrecalls e Jacobsen decision, form, (one). The most mayor-council and mange plans pular forms. years, as shown by the number of New with election at large, are available to cities using the concept. but few citieseuse the device. `- Initiative and referendum or the sim- statutory cities. Statutory cities have x`>_ substantial latitude in addition to the Why Cities use home ea process to amend the charter oy _. petition and election have on occasion three optional plans, with some choice I. , ]e roven to be troublesome, especially tion dates,to cil size, mayoral separate boardsforutilities, , elec- €- Most cities adopt home rule to pro- when the charter allows these to apply t and other land use ordi- parks, hospitals, and planning. vide for the governmental structure to zoning s need. and powers which most appropriately manses. It may also prove to be expen- Minor variation are sometimes use ful The impetus for sive now that the courts are more to meet a particular cthe cityommunity's fielded. ri€.' fit that community. of the concept of inverse For example, , , the volunteer e s . home rule is often from people within accepting the community who are dissatisfied condemnation for over-zealous land use an ordinance allowing • _ with municipal activities. These people regulation. Bloomington d has o just had an o board,departmentto choosing itscfunction as a separate p rate r seek to limit or curb council and may- election onapproval, keeping a chief separate ,f,. the results council - � oral power as well as improve municipal limit high rise construction, and disbursing own f of which are not known at this writing. treasury, their0. The O is a performance.Thesitu, a The situation in much citizen incude Other examples of initiated mischief funds up to a Rochester charter amend- similar to that in many other Minnesota • trates this point. After the number of consecu- cities without charters where these dissatisfaction with special assessment meet limiting Moundsview saw five terms the mayor can serve. In practices are emt in keeping with of the statu- powers and policies, rim Because of e k � the creation of a charter commission. Mankato, full-time firefighters were tory if the:, The Excelsior provisions on referen- aot to responsible replace the publicr a ttion on safety direct charter authority, operations ,reg egal 'w dum and recall followed community opposition to proposed city land acqui- tor with separate tarhat eight full-time - requirements charter and ordinance "' sition and commercial development. and requireat times. The tees be on duty 4' i: ' To authorize activities and provide limit Other considerations R powers cities generally don't have proposition saw defeat when the city another reason for home rule. Many submitted a proposed levy °1 s home rule cities were promoting com- increase at the same election to pay for Leg islature,orereh one aof nnual sessionsmoscoma► .> before and industrial lac dev authorintzed the proposal. of changes in power � f. , before general legislation authorized Structure home rule permits cities reasons for home rule was the tmme almost unlimited latitude to design their diate availability ear- many such activities. mai-, -' The provisions of initiative, referee- structure. However, state law does or structure. Cities could avoidsP • ' tum, and in many cases recall, have require that there be a mayor. It also legislation when s�gtthome wanted�eo H0 i-, =° been major reasons for cities to adopt requires the people elect a council. a change by __ selects a mayor either least once every year so changes b:. charters, at least in recent years. Theoretically, a charter could provide ever, now the Legislature meets •� Charters may provide a way for special that the council Minnesota Citie- La r relations Cy Smythe Are arbitrato s killing the comparable worth law? Part III The topic of part II of thi eries was relative job value, establish equitable tial employee group should be paid the increasing inclination o cities to (reasonable) compensation relation- exclusively on the basis of market? ' eliminate from their comparab worth ships among all job classifications—use Paying one essential employee group analysis the wage rates of an es ential market rates (if at all) as a secondary on the basis of market while attempting employee group whose wage rate are_ factor;\and implement the equitable to pay all\other employee groups on • based only on the market rates. compensation relationships for employ- the basis Of relative job value is not l; Eliminating the wage rates of an e s not represented by an exclusive reasonable. The decision, therefore, of 1 essential employee group from the representativ under the state labor cities facing this situation by an orbita- city's` city's comparable worth analysis raises relations'act. tion award to delete the essential i- the question of whether such action is If a city has equitable compensation employee group from the city's corn- consistent with the city's obligations relationships with its employee groups, parable worth analysis`�is a logical one l"-' der the state comparable worth law. except an essential employee group so and one which appears\.to be quite At - e comparable worth law defines that compensation for "all\of the non- - on- defensible under the comparable worth -1'4 ', an '`-: itable compensation relation- essential employees is"on`the\basis of law.■ N. ship" as •-- where "a primary consid- relative job value, what should the city i . eration in n-=•tiating, establishing, do if an arbitrator states that the essen- z recommending, : d approving total \ compensation is corn.. able work value I:" in relationship to other -mployee posi- tions within the political bdivision." The definition does not menton "mar- -. Home rule ket" wage rates�\ \_ The comparable\worth law dei es a "reasonable compensation relation- Continued from page 9 consolidation is specifically mentioned ship" as one where the compensation Ramsey county is transferred, altered in the Minnesota constitution. for positions of comparable skill, effort, or impaired by this charter." However responsibility, working conditions, and the draft does give the county respon- Conclusion s: other relevant work related criteria is sibility for coordinating county-wide comparable. Again the definition does service delivery and planning activities. Home rule requires a substantia! t .' . P g , not mention "market" wage rates. It isn't yet clear that the draft dedication to keep the artchartecurTr o : The original comparable worth\law charter provides any advantages that To accomplish this, l mentions market wage once. The mar- statutes of general or special applica- mission must function as a continuing ket wage rates are one of three criteria tion couldn't have provided. However body. Smaller communities or those determining reasonable relationship. it seems unlikely that the Legislature without sufficient citizen interest or The 198endments to the compa- would pass the broad kind of all powers probably wise to procent for ongoing eed under er agare stat 3`• rable worth la diluted the market language. I rates. These ame ments said that a It is too soon to determine whether utory form of government. `t political subdivision's '` lan for imple- the growth of home rule in Minnesota Home rule does provide benefits to 11 menting equitable com nsation for will be in counties rather than in cities. some. communities. As long as our employees. . .need not co ain a mar- If voters adopt the Ramsey County governmental dynamic is toward more this could serve as a model centralized decision making, the role ket study." proposal, From the plain language of the , and incentive for other counties. for home rule will diminish. Asome I I obligation of a Minnesota politic. County-city consolidation is also time when state policy makers perceive of : �. the isubdivision is clear: determine the another potential result of county home a need for more decentralization I value of all job classifications within the rule as shown by the experience of decision making, home rule will take on i subdivision: primarily on the basis of Oregon and some other states. Such a new vitality. ■ r; ` # Minnesota Cities 66... ID