Loading...
HomeMy WebLinkAboutBylaws-20190129a-DRAFTDRAFT - 11-23-2018 Mounds View Charter Commission By-laws NovemberJanuary 1029, 20169 Page 1 1MOUNDS VIEW CHARTER COMMISSION 1 BYLAWS 2 Adopted: NovemberJanuary 1029, 20169 3 4 ARTICLE I - THE COMMISSION 5 6 Section 1. Name of Commission. The name of the Commission is the “Charter Commission of 7 Mounds View, Minnesota.” 8 9 Section 2. Purpose. The purpose of the Charter Commission is to serve as custodians of the 10 Mounds View City Charter in accordance with state laws, these bylaws and rules of the Charter 11 Commission. 12 13 Section 3. Office of Commission. The offices of the Commission are at Mounds View City Hall 14 for purposes of official Commission business. 15 16 Section 4. Members. The Commission is composed of up to and including nine (9) members. 17 Members shall serve during their term and until their successors are appointed and have qualified, 18 pursuant to Minnesota Statutes, Section 410.05, as amended. 19 20 Section 5. Records. Each member shall receive a copy of the City Charter and the Commission 21 Bylaws. The current City Charter shall be kept on file at the City offices and made available for 22 public review. 23 And 24 Section 6. Review of Bylaws. The Bylaws shall be reviewed at least once every two years. 25 26 27 ARTICLE II - OFFICERS 28 29 Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, Second Vice-Chair 30 and Secretary. 31 32 Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare the 33 agenda, preside at all meetings, oversee the implementation of the decisions of the Commission, 34 forward any documents to the city for action or archive, and act as the primary liaison with City 35 staff. The Chair retains all the rights and responsibilities held as a member of the Commission 36 including the right to vote. By the December meeting each year, the Chair shall submit to the 37 Commission for its approval, an annual report summarizing the activities and accomplishments of 38 the Commission for the calendar year. The annual report to the Commission may contain the 39 Chair’s recommendation for Commission activities for the ensuing year. 40 41 Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair’s 42 temporary absence, and shall perform such duties during any vacancy of that office until the 43 Commission elects a new Chair. 44 45 Section 4. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair 46 during the Vice-Chair’s temporary absence, and shall perform such duties during any vacancy of that 47 office until the Commission elects a new Vice-Chair. 48 Mounds View Charter Commission By-laws NovemberJanuary 1029, 20169 Page 2 Section 5. Secretary. The Secretary shall prepare the records, record the minutes and votes at each 49 meeting stating what was done, not what was said, and submit them to the Chair before the next 50 regularly scheduled meeting. On or before December 31st of each year, the Secretary shall submit to 51 the Chief Judge of the District Court the Chair’s approved annual report outlining the Commission’s 52 activities and accomplishments. The Secretary shall forward a copy of the report to the City 53 Administrator. The Commission may designate by majority voice vote an Assistant Secretary from 54 the Charter Commission membership whose duties shall be to assist the Secretary, and to perform 55 the duties of Secretary in the event of the absence or vacation of office by the Secretary until such 56 time as the Commission elects a new Secretary. 57 58 Section 6. Additional Duties. The officers of the Commission shall perform such other duties and 59 functions as may from time to time be required by the Commission or its bylaws or rules. 60 61 Section 7. Compensation; Expenses. The members of the Commission shall receive no 62 compensation, but the Commission may employ an attorney and other personnel to assist in 63 amending or revising the City Charter, and the reasonable compensation and the cost of printing 64 such charter, or any amendment or revision thereof, when so directed by the Commission shall be 65 paid by the City. The amount of reasonable and necessary Commission expenses shall be so paid by 66 the City in accordance with Minnesota Statutes Section 410.06, as amended. 67 68 Section 8. Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be elected 69 from among the members of the Commission within 90 days after November 1st of even-numbered 70 years, and shall hold office for two years or until their successors are elected and qualified. The 71 Chair shall conduct the election. Officers shall be declared elected and qualified by a simple 72 majority vote of those present and voting. Nomination for the position of Chair requires one year of 73 service on the commission to be eligible. No officer shall be eligible to hold more than six 74 consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has 75 served more than half of a term is considered to have served a full term in that office. Newly elected 76 officers shall take office at the close of the meeting in which the election is held. 77 78 Section 9. Vacancies. Vacancy in an office is declared by a motion brought before the 79 Commission by any Commissioner when a member resigns or a member is absent from four 80 consecutive regular Commission meetings without being excused by the Commission. A vacancy in 81 the office of Chair, Vice-Chair, Second Vice-Chair or Secretary shall be filled by a special election 82 by the Commission at its next meeting within 90 days of the vacancy, with tThe elected successor 83 shall servinge the unexpired term of office starting at the close of the meeting in which the election 84 is held. 85 86 Section 10. Appointments. It is the responsibility of each individual member that is eligible for re-87 appointment to submit to the Judicial District Court Chief Judge the appropriate paper work for re-88 appointment consideration. A qualified and acting member shall be defined as a person who has 89 been appointed by the Judicial District Court Chief Judge and has confirmed their acceptance of that 90 appointment by signing and returning a notarized oath of acceptance. 91 92 DRAFT - 11-23-2018 Mounds View Charter Commission By-laws NovemberJanuary 1029, 20169 Page 3 ARTICLE III – MEETINGS 93 94 Section 1. Regular Meetings. The Commission shall meet at least once during each calendar year. 95 The Commission shall also meet upon presentation of a petition with signatures numbering at least 96 ten percent of the total City of Mounds View ballots cast for President in the most recent Presidential 97 election, or upon resolution approved by a majority of the City Council, requesting the Commission 98 to convene, the commission shall meet to consider the proposals set forth in such petition or 99 resolution. All meetings shall be held in the Mounds View City Hall unless meeting notices state 100 otherwise. All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes, 101 Section 471.705, as amended). The meetings will be conducted in accordance with Robert’s Rules 102 of Order Newly Revised. 103 Section 2. Special Meetings. The Chair or any two members of the Commission may call a 104 special meeting to transact any business stated in the meeting notice in accordance with state law. 105 Notice of the special meeting shall state the time, date, place and business to be conducted at the 106 special meeting. Notices may be delivered by email or any method of contact that provides an 107 acknowledgement of receipt of the notice. Any member that does not acknowledge receipt must 108 have the notice delivered in person or mailed to the member’s designated mailing address at least 109 three days prior to the special meeting. The business to be considered at special meetings shall be 110 limited to that stated in the meeting notice unless all members of the Commission are present and 111 vote unanimously to conduct additional business. 112 Section 3. Quorum. In accordance with Minnesota Statutes Section 410.05, as amended, a quorum 113 shall be defined as follows: If there are nine (9) qualified and acting members, then five (5) members 114 shall constitute a quorum. If there are less than nine (9) qualified and acting members, then four (4) 115 members shall constitute a quorum for the purpose of conducting the commission’s business and 116 exercising its powers and for all other purposes. If the commission lacks a quorum, a smaller number 117 of members may set a time to reconvene the commission, continue to meet as a subcommittee if 118 desired, and report their discussions to the commission. 119 Section 4. Order of Business. 120 The Commission shall use the following order of business at its meetings: 121 122 1. Call to Order 123 2. Roll Call. 124 3. Approval of Minutes. 125 4. Citizens Comments from the floor. 126 5. Reports of the Chair. 127 6. Reports from members or committees. 128 7. Unfinished Business. 129 8. New Business. 130 9. Adjournment. 131 132 Order of Business may be changed at a meeting by a majority vote of the commission members 133 present. 134 135 Section 5. Committees. 136 The Commission may establish and appoint committees. Each committee must designate a Chair. 137 138 Mounds View Charter Commission By-laws NovemberJanuary 1029, 20169 Page 4 Section 6. Discharge of Members. Any member who has failed to attend four consecutive 139 meetings, regular or special, without being excused by the Commission, may be discharged 140 according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended. 141 142 ARTICLE IV - AMENDMENTS AND REVISIONS 143 144 Section 1. Bylaws Amendment Procedure. The Commission Bylaws may be amended by a 145 resolution, made in writing, and adopted by a majority vote of qualified and acting members at a 146 properly noticed meeting of the Commission. 147 148 Section 2. Charter Amendment Procedures. 149 150 The Charter may be amended as provided in Minnesota Statute 410.12, as amended, and 151 summarized here by any one of the four following methods: 152 153 Method 1. The Charter Commission may by a majority vote of its members approve a 154 resolution recommending an amendment to the Charter by Ordinance under Minnesota Statute 155 410.12 subd 7. Such an Ordinance must be published in the official newspaper two weeks prior 156 to a public hearing on the matter and then requires an affirmative vote of all five members of the 157 City Council. The ordinance will become effective 90 days after passage if not petitioned for 158 referendum. 159 160 Method 2. The Charter Commission may by a majority vote of its members approve a 161 resolution recommending an amendment to the Charter by requesting it be placed before the 162 voters under Minnesota Statute 410.12 subd 1 - 4. If there is a general election scheduled to 163 occur within six months, the City Council shall have such an amendment prepared and placed on 164 the ballot at the municipal general election. Proposed charter amendments must be submitted at 165 least 127 weeks before the municipal general election. If no municipal general election is 166 scheduled to occur within six months, the City Council shall prepare the amendment and call a 167 special election within 909 days after the delivery of such amendment to the City Administrator. 168 169 Method 3. A number of voters equal to or greater than five percent of the total City of Mounds 170 View ballots cast at the last State general election may, by petition, require the Charter 171 Commission to review and request an amendment to the Charter which may then be submitted 172 by the Charter Commission under the same guidelines set forth under method 1 or 2 above. 173 174 Method 4. The City Council may propose an amendment by ordinance without the initial 175 request of the Charter Commission under Minnesota Statute 410.12 subd 5. Such an Ordinance 176 shall be submitted to the Charter Commission for review and the Charter Commission can by 177 request be granted an additional 90 days for review. After reviewing such proposed amendment, 178 the Charter Commission shall approve or reject the proposed amendment or suggest a substitute 179 amendment. The Council may submit to the people the amendment originally proposed by it or 180 the substitute proposed by the Charter Commission. The amendment only becomes effective 181 when approved by the voters. 182 183