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HomeMy WebLinkAbout2019 Revision January 29 (A4 S2 Amendment Process)DRAFT - 11-20-2018 Mounds View Charter Commission By-laws January 29, 2019 Page 1 1MOUNDS VIEW CHARTER COMMISSION 1 BYLAWS 2 Adopted: January 29, 2019 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 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 agenda, 33 preside at all meetings, oversee the implementation of the decisions of the Commission, forward any 34 documents to the city for action or archive, and act as the primary liaison with City staff. The Chair 35 retains all the rights and responsibilities held as a member of the Commission including the right to 36 vote. By the December meeting each year, the Chair shall submit to the Commission for its 37 approval, an annual report summarizing the activities and accomplishments of the Commission for 38 the calendar year. The annual report to the Commission may contain the Chair’s recommendation 39 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 November 10, 2016 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 Commission 79 by any Commissioner when a member resigns or a member is absent from four consecutive regular 80 Commission meetings without being excused by the Commission. A vacancy in the office of Chair, 81 Vice-Chair, Second Vice-Chair or Secretary shall be filled by a special election by the Commission 82 within 90 days of the vacancy, The elected successor shall serve the unexpired term of office starting 83 at the close of the meeting in which the election is held. 84 85 Section 10. Appointments. It is the responsibility of each individual member that is eligible for re-86 appointment to submit to the Judicial District Court Chief Judge the appropriate paper work for re-87 appointment consideration. A qualified and acting member shall be defined as a person who has been 88 appointed by the Judicial District Court Chief Judge and has confirmed their acceptance of that 89 appointment by signing and returning a notarized oath of acceptance. 90 91 DRAFT - 11-20-2018 Mounds View Charter Commission By-laws January 29, 2019 Page 3 ARTICLE III – MEETINGS 92 93 Section 1. Regular Meetings. The Commission shall meet at least once during each calendar year. 94 The Commission shall also meet upon presentation of a petition with signatures numbering at least 95 ten percent of the total City of Mounds View ballots cast for President in the most recent Presidential 96 election, or upon resolution approved by a majority of the City Council, requesting the Commission 97 to convene, the commission shall meet to consider the proposals set forth in such petition or 98 resolution. All meetings shall be held in the Mounds View City Hall unless meeting notices state 99 otherwise. All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes, 100 Section 471.705, as amended). The meetings will be conducted in accordance with Robert’s Rules of 101 Order Newly Revised. 102 Section 2. Special Meetings. The Chair or any two members of the Commission may call a 103 special meeting to transact any business stated in the meeting notice in accordance with state law. 104 Notice of the special meeting shall state the time, date, place and business to be conducted at the 105 special meeting. Notices may be delivered by email or any method of contact that provides an 106 acknowledgement of receipt of the notice. Any member that does not acknowledge receipt must 107 have the notice delivered in person or mailed to the member’s designated mailing address at least 108 three days prior to the special meeting. The business to be considered at special meetings shall be 109 limited to that stated in the meeting notice unless all members of the Commission are present and 110 vote unanimously to conduct additional business. 111 Section 3. Quorum. In accordance with Minnesota Statutes Section 410.05, as amended, a quorum 112 shall be defined as follows: If there are nine (9) qualified and acting members, then five (5) members 113 shall constitute a quorum. If there are less than nine (9) qualified and acting members, then four (4) 114 members shall constitute a quorum for the purpose of conducting the commission’s business and 115 exercising its powers and for all other purposes. If the commission lacks a quorum, a smaller number 116 of members may set a time to reconvene the commission, continue to meet as a subcommittee if 117 desired, and report their discussions to the commission. 118 Section 4. Order of Business. 119 The Commission shall use the following order of business at its meetings: 120 121 1. Call to Order 122 2. Roll Call. 123 3. Approval of Minutes. 124 4. Citizens Comments from the floor. 125 5. Reports of the Chair. 126 6. Reports from members or committees. 127 7. Unfinished Business. 128 8. New Business. 129 9. Adjournment. 130 131 Order of Business may be changed at a meeting by a majority vote of the commission members 132 present. 133 134 Section 5. Committees. 135 The Commission may establish and appoint committees. Each committee must designate a Chair. 136 137 Mounds View Charter Commission By-laws November 10, 2016 Page 4 Section 6. Discharge of Members. Any member who has failed to attend four consecutive 138 meetings, regular or special, without being excused by the Commission, may be discharged 139 according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended. 140 141 ARTICLE IV - AMENDMENTS AND REVISIONS 142 143 Section 1. Bylaws Amendment Procedure. The Commission Bylaws may be amended by a 144 resolution, made in writing, and adopted by a majority vote of qualified and acting members at a 145 properly noticed meeting of the Commission. 146 147 Section 2. Charter Amendment Procedures. 148 149 The Charter may be amended as provided in Minnesota Statute 410.12, as amended, and 150 summarized here by any one of the four following methods: 151 152 Method 1. The Charter Commission may by a majority vote of its members approve a 153 resolution recommending an amendment to the Charter by Ordinance under Minnesota Statute 154 410.12 subd 7. Such an Ordinance must be published in the official newspaper two weeks prior 155 to a public hearing on the matter and then requires an affirmative vote of all five members of the 156 City Council. The ordinance will be come effective 90 days after passage if not petitioned for 157 referendum. 158 159 Method 2. The Charter Commission may by a majority vote of its members approve a 160 resolution recommending an amendment to the Charter by requesting it be placed before the 161 voters under Minnesota Statute 410.12 subd 1 - 4. If there is a general election scheduled to 162 occur within six months, the City Council shall have such an amendment prepared and placed on 163 the ballot at the municipal general election. Proposed charter amendments must be submitted at 164 least 17 weeks before the municipal general election. If no municipal general election is 165 scheduled to occur within six months, the City Council shall prepare the amendment and call a 166 special election within 99 days after the delivery of such amendment to the City Administrator. 167 168 Method 3. A number of voters equal to or greater than five percent of the total City of Mounds 169 View ballots cast at the last State general election may, by petition, require the Charter 170 Commission to review and request an amendment to the Charter which may then be submitted 171 by the Charter Commission under the same guidelines set forth under method 1 or 2 above. 172 173 Method 4. The City Council may propose an amendment by ordinance without the initial 174 request of the Charter Commission under Minnesota Statute 410.12 subd 5. Such an Ordinance 175 shall be submitted to the Charter Commission for review and the Charter Commission can by 176 request be granted an additional 90 days for review. After reviewing such proposed amendment, 177 the Charter Commission shall approve or reject the proposed amendment or suggest a substitute 178 amendment. The Council may submit to the people the amendment originally proposed by it or 179 the substitute proposed by the Charter Commission. The amendment only becomes effectove 180 when approved by the voters. 181 182 Adopted: January 29, 2019 183