The URL can be used to link to this page

Home My WebLink About03-08-2010 Ord 841 Clerk Title Item No: 7A Meeting Date: Mar 8, 2010 Type of Business: PH & CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 841, an Ordinance Amending the Mounds View City Charter by Changing the Title of Clerk-Administrator to City Administrator Introduction: In 2009, the Charter Commission was asked to consider amending the Charter to update the title of the Clerk-Administrator position to a more commonly used title, such as City Administrator. Discussion: The Charter Commission discussed the potential title change at many meetings, reviewing MN Statutes, LMC documentation and reports, the Mounds View City Code and other references in their analysis. After much deliberation, the Commission adopted Resolution 2009-03e which replaced all occurrences of “Clerk-Administrator” with “City Administrator.” In addition, Sections 6.03 and 6.04 were amended to clarify duties and responsibilities of the administrator and treasurer. The City Attorney has reviewed the Charter Commission’s resolution and the attached ordinance and has no issues with either. Previously: The City Council considered the first reading and introduction of this ordinance at their meeting o February 22, 2010. The Council was reminded that amendments to the City Charter require unanimous approval of the City Council while an amendment to the City Code typically only requires a simple majority. Recommendation: Staff recommends approval of the second reading and adoption of Ordinance 841, an ordinance changing the title of Clerk-Administrator to City Administrator throughout the Charter and amending specific Sections 6.03 and 6.04 relating to the duties of the administrator and treasurer. The effective date is 90 days after ordinance publication. Subsequent to adoption, staff will prepare a companion ordinance that updates the City Code to replace occurrences of Clerk-Administrator with City Administrator. Respectfully submitted, ________________________ James Ericson Clerk - Administrator ORDINANCE 841 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY CHANGING ALL OCCURRENCES OF “CLERK-ADMINISTRATOR” TO “CITY ADMINISTRATOR” AND REVISING SECTIONS 6.03 AND 6.04 REGARDING DUTIES OF THE ADMINISTRATOR AND TREASURER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby determine that all occurrences of the title “Clerk-Administrator” throughout the City Charter be replaced with “City Administrator”. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.03 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.03. Duties of the Clerk-Administrator City Administrator. The duties of the City Administrator shall be specified in Chapter 106 of City Code, as amended, and shall include those in MN State Statute for City Clerk unless otherwise assigned in City Code. The Council shall provide for the designation, delegation and/or assignment of some or all the duties to other city staff as needed. Subdivision 1. The duties of the Clerk-Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk-Administrator shall also have the duties set forth in the following subdivisions: Subdivision 2. The Clerk-Administrator shall keep a minute book noting therein all proceedings of the Council. Subdivision 3. The Clerk-Administrator shall keep an ordinance book in which shall be recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk-Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Ordinance 841 Page 2 Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Administrator, and can be accurately identified from the description given in the minutes. The Clerk-Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk- Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk-Administrator to pay such fees to the municipal treasury. With the consent of the Council, the Clerk-Administrator may appoint a deputy for whose acts that person shall be responsible and whom may be removed at pleasure. In case of the Clerk-Administrator's absence from the municipality or disability, the Council may appoint a Deputy Clerk-Administrator, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk-Administrator. Subdivision 6. The Clerk-Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 7. The Clerk-Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Subdivision 8. The Clerk-Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk-Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. Subdivision 9. The Clerk-Administrator shall prepare the annual financial statement and such other statements that are required by statute. Subdivision 10. The Clerk-Administrator shall attend all Council meetings and provide input to the Council. The Clerk-Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk-Administrator shall supervise municipal employees, programs and activities, unless otherwise directed by the Council. Subdivision 12. The Clerk-Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk-Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 14. The Clerk-Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 15. The Clerk-Administrator shall work in cooperation with the Council's appointed attorney and engineer. Ordinance 841 Page 3 Subdivision 16. The Clerk-Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk-Administrator shall maintain good public relations with the general public. Subdivision 17. The Clerk-Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk-Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 19. The Clerk-Administrator shall advise the Council on the terms and conditions of employee labor contracts for presentation to the Council. Subdivision 20. The Clerk-Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk-Administrator shall perform all other duties required by the Council. SECTION 3. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.04 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk-Administrator City Administrator and shall include those duties for Treasurer in MN State Statute unless otherwise assigned in City Code. The duties of the Treasurer shall be specified by state law for the Treasurer in a statutory city. SECTION 4. This ordinance shall take effect ninety days after the date of its publication. First Reading and Introduction: Feb 22, 2010 Second Reading and Adoption: March 8, 2010 Publication Date: March 18, 2010 Effective Date: June 16, 2010 Adopted this 8th day of March, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal)