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HomeMy WebLinkAbout10A 1.- City Council CITY OF PRIOR LAKE. MINNESOTA Mayor and City Council BYLA WS Adopted on May 27, 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 October 2002 March 2006 May 2006 June 2007 Auaust. 2008 FRANK BOYLESCITY MANAGER C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 200B.doc TABLE OF CONTENTS Section # Topic Page # Section 1 00 Purpose 3 Regular, Special and Emergency Meetings and Work Section 200 Sessions 3 Section 300 Annual Meeting 5 Section 400 I Meeting Agenda Format and Consent Agenda 6 Section 500 Quorum and Voting Procedures 7 Section 600 Minute Preparation 9 Section 700 Roles at Meeting 10 Section 800 Motions, Resolutions, Ordinances 12 Section 900 Public Hearing Format 13 Section 1 000 Committee Structure 14 Section 1100 Suspension of Rules 16 Section 1200 Reimbursement for Expenses 16 Section 1 300 Code of Ethics and conduct 18 Section 1400 City Council Recognition 18 Appendix A Types of Motions 20 C:IDOCUME-1\mjgILOCALS-1ITempliScrubICity Council Bylaws Revised 200B.doc 2 SECTION 100: PURPOSE ,101: The Puft3ese ouroose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operating procedures designed to guide them during the Council meetings, and to establish a code of ethics and conduct. I ,102: The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the Annual Meeting. Any changes or amendments to the Bylaws shall follow this procedure: 102.1 A motion to amend a specific section, subsection, paragraph, sentence, or line is pr:epeseelis orooosed. 102.2 A second to the motion is required. 102.3 Discussion on the Bylaws amendment occurs. 102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual meeting. A super majority is required at any meeting other than the annual meeting. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS ~01:- Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. I ~02: .REGULAR MEETINGS: The Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 6:00 p.m. All regular meetings shall be held in the designated City Council Chambers. A Public Forum will be incorporated into the regular meeting agenda following the adoption of the agenda. The Public Forum will last no later than 30 minutes. The purpose of the Forum is to afford the public an opportunity to address concerns to the Council. Items to be considered on the Public Hearino or Public Information Hearina portion of the agenda cannot be addressed at the Public Forum. Forum items are also restricted to City governmental topics rather than as a mechanism for private agendas. Public Forums are included as part of the regular meeting minutes and cablecast live. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. C:IDOCUME-llmjgILOCALS-lITempliScrub\City Council Bylaws Revised 2008.doc 3 [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) ( Formatted: Font: Bold ( Formatted: Font: Bold [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) [ Formatted: Font: Bold ( Formatted: Font: Bold [' Formatted: Font: Not Bold, Underline I .203: SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 105.200) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 204.1 Once the materials have been delivered to the Council members. 204.2 A copy of the agenda materials will be available in the Council Chambers for public inspection at the time of the meeting. 204.3 Agenda materials will also be available online through the City's website on the Thursday preceding the City Council regular meeting. I .205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either telephone, fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual that has filed a written request for notice. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. I .206: ,WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda. The work session may be canceled at the discretion of the City Manager. I .207: pITY COUNCIL FORUM: A City Council "Forum" shall be scheduled at 6 p.m. as part of each City Council meeting. The Forum shall not exceed thirty (30) minutes. No individual presentation shall exceed ten (10) minutes. If more than three (3) persons desire to speak, the time allotted for each presentation shall be reduced equally to stay within the time limit. To be recognized, individuals who desire to participate in the Forum shall use the sign-up sheet provided outside the City Council Chambers. The sign-up sheet shall be available at 5 p.m. The Forum is provided as an opportunity for residents, business owners and property owners of Prior Lake to address the City Council on any subject that is of community interest, provides information required by the Council to complete its duties, or is provided by agencies representing citizens of Prior Lake. 207.1 Every individual who addresses the Council at the Forum must first be recognized by the presiding officer and then shall state his/her name and address before beginning any comments. The city manager shall be the C:\DOCUME-1\mjgILOCALS-l\TempliScrubICity Council Bylaws Revised 2008.doc 4 I Formatted: Fo,! Bold Formatted: Font: Not Bold, Underline ) I I Formatted: Font: Bold ,-- ---- Formatted: Font: Not Bold, Underline [Formatted: Underline ( Formatted: Font: Bold rForlTl~tted: Fo~~ Not Bold, I Underline I Formatted: Font: Bold _ ______, Formatted: Font: Not Bold, Underline - ---- ( Formatted: Underline timekeeper for the Forum so that each speaker receives an appropriate amount of time. 207.2 No Council action may take place during the Forum. However, Councilmembers may express their views or reaction to a presentation and may ask questions of the presenter. 207.3 At the conclusion of the Forum, the Council may, by motion and majority vote, indicate its interest that the subject matter of a Forum presentation be placed on a subsequent City Council agenda. 207.4 Items to be considered on the agenda may be addressed at the Public Forum unless they are the subject of a public hearing or public information hearing. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. 207.5 If any Council member deems that the comments are not germane to issues within the purview of the City Council, the Councilmember may request the presiding officer to request the speaker to yield the podium. Further, any Councilmember may object to the request of the presiding officer to ask a speaker to yield the podium, in which case, the presiding officer shall put the matter to a vote of the Council. 207.6 Public Forums are included as part of the regular meeting minutes and cablecast live. 207.7 As the presiding officer, the Mayor shall have the authority to adjourn the public forum if there is a breach of decorum. SECTION 300: ANNUAL MEETING ,301: The first regularly scheduled meeting in January shall be referred to as the annual meeting. Regular business may be conducted at this meeting and the following organizational business is required unless deferred by the Council for a specific reason. 301.1 Swear in newly elected officials, if applicable. 301.2 Elect Acting Mayor. At its first meeting each year the Council shall choose iaRiaEltinaan actinq mayor from the Council members. The acting mayor shall perform thesutiesthe duties of mayor during the disability or absence of the mayor from the City 9f;iAor. in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. MN Stat. 412.121. 301.3 Appoint the Official newspaper. 301.4 Designate the Official bank. 301.5 Designate the Equalization Committee. 301.6 Appoint the Fire Chief/Assistant 301.7 Appoint an Auditing Firm. 301.8 Appoint a Fiscal Consultant. 301.9 Designate a Civil Defense Director 301.10 Designate a Health Officer 301.11 Appoint Council Members to serve as Liaisons to the various City Advisory Committees 301.12 Approval of City Council Appointed Committee Bylaws and Procedures. 301.13 Approve City Council Bylaws. 301.14 Designate an Animal Control Officer. 301.15 Adopt the Yearly Fee Schedule. 301.16 Appoint the Special Assessment Committee. C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 5 [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) I Formatted: Font: Bold 301.17 Other appointments as mav be appropriate.. SECTION 400: MEETING AGENDA FORMAT AND CONSENT AGENDA ,401: Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 401.1 Call to Order and Pledge of Allegiance 401.2 Public Forum 401.3 Approval of Agenda . The City Council may, by motion, change the order an item is to be considered on the agenda except those it may not begin a public hearing before the time specified in the public notice. 401.4 Approval of Minutes 401.5 Consent Agenda . With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non- controversial nature for consideration under one motion. There will be no separate discussion of items placed on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired, any member of the Council can request that item must be removed from the Consent Agenda and considered separately. . The City Manager shall determine what items may be considered routine and non-controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide the City Manager with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasurer's report, animal control report, building inspection report, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing or setting dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, or any other item the City Manager considers routine and non-controversial. . The City Council Agenda sheet shall include the following statement: "Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Items may be removed from the Consent Agenda at the request of any Council member or the City Manager. 401.6 Removed Consent Agenda Items 401.7 Presentations . The City Manager may schedule presentations before the City Council giving preference to presenters and topics that relate to City governmental business. Presentations are not action items. 401.8 Public Hearings / Town Meetings 401.9 Old Business 401.10 New Business 401.11 Other Business - Including Community Events and Councilmember Reports C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 6 Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) ( Formatted: Font: Bold . Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by-item basis. 401.12 Adjournment I ,402: CITY MANAGER TO DETERMINE AGENDA: Jt shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Council_or requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the City Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at a City Council Forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meeting can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. I .403: The presiding officer may call a recess at any time during the meeting. Except for recesses for executive sessions, the presiding officer shall announce the length of the recess. The purpose of the recess is to provide the City Council, City staff and the public attending the meeting with a short rest period from the Council business. I .404: Unless waived by motion, second and majority vote, no agenda item shall be initiated after 11 p.m. If a motion to extend the meeting is tendered, it shall include the time the meeting is to be adjourned. A meeting, once extended, must be adjourned at the time specified in the approved motion to extend. SECTION 500: QUORUM AND VOTING PROCEDURES ,501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. ,502: The voting options available to the City Council when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote. A Councilmember may abstain only when they have a disqualifying conflict of interest. I ,503: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Minn. Stat. Section 471.87 C:\DOCUME-1\mjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 7 ( Formatted: Font: Bold [" Formatted: Font: Not Bold, Underline CForm~tted: Underli~; [ Formatted: Font: Bold ( Formatted: Font: Bold [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) ( Formatted: Font: Bold ( Formatted: Font: Bold ( Formatted: Font: Bold I ,504: A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 504.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 504.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 504.3 Any Council member shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. I ,505: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests. ,506: When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The votes of each member shall be recorded in the Minutes. If a member of the City Council is aes9Rtis absent during a vote, the member's vote for the official Minutes shall read as "absent". ,507: Three votes shall be necessary for approval of any ordinance unless a larger number is required by statute. A majority vote of a quorum is necessary for the approval of all general motions and resolutions. I ,508: When a question is put by the presiding officer, every member present shall vote; unless the Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict of interest prohibits a member from voting. If a member abstains from voting based upon a conflict of interest, the Councilmember must advise the presiding officer of the nature of the conflict. A vote dealing with a special assessment that affects a Council member's property shall be considered a disqualifying interest. Otherwise, any Council member, who being present when his or her name is called fails to vote upon any then pending proposition, shall be recorded as having voted in the affirmative. I ,509: Voting Procedure: An agenda item shall be put before the City Council for its consideration and vote in the following manner: 509.1 The City Manager introduces the agenda item and provides the City Council with a description of the item and the action requested of the Council. 509.2 The City Manager or any Councilmember may call upon City staff to describe an agenda item or to provide additional information. C:IDOCUME-llmjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 8 ( Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold ( Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold 509.3 Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. 509.4 Council members may, at this point, ask questions of staff, present their views and engage in a dialogue with other members of the Council. 509.5 After discussion concludes, the presiding officer shall call for a vote on the matter pending. SECTION 600: MINUTE PREPARATION ,601: The City Manager is responsible for the preparation of the minutes of the Meeting. The meeting proceedings will be audio-recorded and 'Nhon a'.'ail3tl::J vidoo tape recorded on a DVD and noted by the Administrative Assistant. The minutes of the meeting as approved by the City Council are the official record of the meeting. The tape recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. The following two requirements for "Minute" preparation shall be adhered to: 601.1 All motions typed in capital letters. 601.2 List the names of the City Council after their vote on each motion. I ,602: The official Minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Council business conducted while the Council is in session. Any comments made at a meeting that are made prior to the start of or after adjournment of the meeting, or during any recess, shall not be made part of the minutes. The City Council shall review the minutes and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence, if applicable. The official minutes shall be corrected to reflect the change. I ,603: Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. Councilmembers who were not present at the meeting for which the minutes are being approved shall abstain from voting on the action to approve the minutes. I ,604: The City Manager is responsible for the maintenance and filing of the Minutes. 604.1 Written minutes will be retained as a permanent record either in paper, on microfilm, or in a digital format available online through the City's Website. 604.2 All audio and video tape/DVD proceedings will be retained in accordance with the City's data retention schedule. Videos/DVDs and audio tapes may be viewed/heard at City Hall during normal business hours. Original video tapes/DVDs may be loaned out after the cable re-broadcast of the meeting is completed on a first-come, first-served basis. Parties requesting copies of video tapes/DVDs must provide a blank tape/DVD to the City who will make the copy as time and technology permits. Audio tapes will not be loaned out. 604.3 Verbatim copies of audio tapes, if available, may be obtained from the City for a fee consisting of actual costs incurred (materials-/labor). C:IDOCUME-llmjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 9 [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) [ Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold I Formatted: Font: Bold 605: A verbatim transcript request of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall consist of the actual costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City has, for its own purposes, previously prepared a verbatim transcript, in which case the individual requesting a copy of the transcript shall pay the City's standard photocopy charge. SECTION 700: ROLES AT MEETING .701: All meetings of the City Council shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at meetings of the Council helps to develop a more enlightened, interested and participatory citizenry. .702: .oBJECTIONS TO RECESSING THE REGULAR MEETING INTO EXECUTIVE SESSIO~ _Any individual desiring to object to the Council's adjoumment into an executive session shall do so in the following manner. This process is included in the bylaws to give individuals or organizations standing without disruption of any regular meeting. Any comments made at a meeting that are ruled out of order by the presiding officer shall not appear in the minutes. 702.1 The objection shall be made in writing providing the basis or legal authority for the objection, together with the name, address and phone number of the objector. 702.2 The written objection must be tendered to the City Manager within one business day of the alleged violation. I .703: Any Councilmember may recognize a member of the public for the purpose of asking question(s} relating to the matter under consideration by the Council. Members of the City Council must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. I .704: Members of the Council may also ask questions of Staff in order to clarify their understanding of the relevant information necessary to make an informed judgment. In preparation for Council meetings, Councilmembers may want to consider contacting the City Manager, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the City Manager to attempt to bring the additional information to the Council meeting. I .705: Members of the general public, interested parties or their authorized representatives may address the City Council by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting at the discretion of the presiding officer, if so requested by the author or a member of the City Council. In any case, the written communication shall become part of the record. The communication(s) may be read by the presiding officer or his/her designee. If the communication is lengthy, the presiding officer may summarize the content and advise that the full text of the communication will be part of the record and available to the public for review. C:IDOCUME-1ImjglLOCALS-lITempliScrubICity Council Bylaws Revised 2008.doc 10 [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) ( Formatted: Font: Bold Formatted: Font: Bold Formatted: No underline, All caps Formatted: All caps I Formatted: Font: Bold ( Formatted: Font: Bold I Formatted: Font: Bold 1 .706: The presiding officer has the same voting powers as do the Council members. The presiding officer may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. I .707: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Deputy Mayor shall preside at the meeting. If in the event the Mayor and Acting Mayor are absent, the City Manager shall call the meeting to order and preside until such time the City Council elects among itself a member to preside at the meeting. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Councilmembers. .708: The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. .709: The presiding officer is responsible for maintaining order at the meetings. 1.710: The presiding officer shall recognize all speakers from the audience, except when a member of the Council has the floor and they expressly recognize a member of the audience to answer questions relating to the issue under consideration. 1 .711: The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 711.1 Interpret and apply rules of procedure. 711.2 Decide whether motions are properly made. 711.3 Decide whether motions are in order. 711.4 Decide whether questions of special privilege ought to be granted. 711.5 Decide when to recognize speakers. 711.6 Call for motions or recommend motions. 711.7 Expel disorderly persons from the meeting. 711.8 Enforce speaking procedures. 1.712: One member of the Council shall serve as Deputy Mayor elected by the Council at the Annual Meeting. The Deputy Mayor shall preside at all meetings when the Mayor is absent from the meeting assuming responsibilities as set forth above. In the absence from the City or disability of the Mayor, or where the Mayor is known to be unreachable and there is an urgency to executing the document, the Deputy Mayor may execute documents on behalf of the City. .713: All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. .714: As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. .715: The City Manager shall attend all meetings of the City Council with the right to take part in the discussions, but not to vote. In the absence of the City Manager, the Assistant te fl:ie..City Manager or designated department head shall serve as the City Manager's representative at the meeting. C:IDOCUME-1\mjgILOCALS-11 T empliScrublCity Council Bylaws Revised 2008.doc 11 [ Formatted: Font: Bold [ Formatted: Font: Bold ( Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold ( Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold [ Formatted: Font: Bold 716: Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. 717: A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by Staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the Staff comments or work, or state that Staff will present the necessary details and comments at the meeting. If an agenda item requires more than a majority vote, the agenda report shall specify the votes needed to pass the matter under consideration. SECTION 800: MOTIONS, RESOLUTIONS, ORDINANCES ,801: The City Council may take formal action in any of three methods - motions, resolutions or ordinances. All motions in any form require a second unless otherwise stated below. All votes of the City Council in any of the three methods require a majority vote for approval unless otherwise specified below or prescribed by statute. I ,802: MOTIONS~.A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the City Council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the City Manager. .803: Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. ,804: RESOLUTIONS~ .Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and received majority vote. The City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $25,000 or as otherwise specified in the City's Purchasing Policy. I ,805: .oRDINANCES.: .An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic well-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. Ordinances may be enacted upon a motion and a second and must receive at least three favorable votes to be passed, unless a larger vote is required by State law or these Bylaws. 806: An ordinance shall become effective upon passage and publication unless otherwise specified in the ordinance. Consistent with State Statute the Council may authorize C:IDOCUME-llmjgILOCALS-lITempliScrubICity Council Bylaws Revised 2008.doc 12 r Formatted: Font: Bold [ Formatted: Font: Bold [Formatted: Border: Bottom: (Single solid line, Auto, O.S pt Line width) I Formatted: Font: Bold I Formatted: Font: ~old ___J Formatted: Font Not Boid, Underline I Formatted: Underline l [ Formatted: Font: Bold [ Formatted: Font Bold ~ -----.-.-.--. -.- - ------ --- Formatted: Font Not Bold, Underline fFc;';'atted: U-nd~rline- I Formatted: Font: Bold Formatted: Font Not Bold, Underline r Formatted: Underline J ] ] publication of a summary of the ordinance rather than its full text. The Council, by motion, must approve and authorize the proposed summary. Proof of publication shall be attached to and filed with every ordinance. I ,807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council. The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effective date. The City Manager will maintain a record of all ordinances and will be responsible for the Prior Lake City Code and codification requirements. The Council may authorize the City Manager to contract for codification services. I ,808: These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon adoption. If an issue is raised which is not covered in the Bylaws, the procedures to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws or Robert's Rules of Order shall not invalidate Council action unless at the time the action is taken or promptly thereafter a member of the Council raises a parliamentary objection and advises the Council of the particular rule which was not observed. SECTION 900: PUBLIC HEARING FORMAT ,901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the public hearing. 901.2 It is the intent of the City Council to open all public hearings at ~0 p~the time indicated jn the hearinQ notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the City Council. However in no circumstances can a hearing be opened prior to the predetermined and published time. 901.3 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 901.4 The presiding officer asks City Council members if they have questions of the staff or consultant, if any. 901.5 The presiding officer requests a motion and second to open the public hearing.. 901.6 The presiding officer asks for citizen input, comments and questions. 901.7 After all persons have been heard, the presiding officer requests a motion to . 1 . ::::1~seClose the public hearing and the Council votes on the motion. Once the vote is taken, the hearing is closed for the record, or . ,., 38:-:t:rrt.:-eContinue a public hearing. If the City Council votes to continue the hearing, the presiding officer, in consultation with the City Manager and City Council, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 901.8 The City Council addresses the subject matter through deliberation, questions tocitizonsto citizens and Staff, and reactions and statement of position on the subject. C:IDOCUME-llmjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 13 ( Formatted: Font: Bold ( Formatted: Font: Bold [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) [ Formatted: Font: Bold 901.9 If the public hearing is closed, the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE .1 001..,: TYPES OF COMMITTEES 1001.1 Soecial Citv Council Subcommittee. The Council may from time to time establish special Council subcommittees by designating two members to a specific issue. Special committees appointed by the Council are generally established to deal with a single transaction or project. The membership of the committee does not extend beyond the City Council members and staff liaisons. The work of a special subcommittee should be limited to special policy problems. The committee shall make recommendations to the Council, but may not make decisions on behalf of the Council. The Council's final decision, not the committee's recommendation, binds the City. A special City Council subcommittee will be required to provide status reports to the Council as requested. These committees include, for example: . Bylaws & Compensation Committee . City Manager Evaluation Committee . Annexation Task Force . Special Assessment Committee . Downtown Redevelopment Committee . City Hall/ Police Station Building Committee . Fire Station II Building Committee 1001.2 Research Work GrouDS. The City Council may establish from time to time temporary or oermanent research work groups to study, research, analyze and make recommendations to the Council on a particular issue or subject matter. The work groups shall consist of as many members and perform such duties as the City Council may require. Generally, members of the work groups include up to two Council members, City staff, and members of the public. Work groups may only exercise those duties assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, gather information and/or public input). The work groups may not make decisions delegated to the City Council by statutory authority. Work groups will be required to make periodic reports to the City Council on their progress. Work groups shall be established by the City Council by motion, resolution or ordinance. These committees include, for example: . Water Treatment Plant . Tree Preservation CommittooTask Force . Heritage Committee . ComputersfTechnology Committee . County Road 21 Advisory Committee . Communications and Technoloav Advisorv Committee . Senior Center Advisorv Committee C:IDOCUME-1\mjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 14 [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) ( Formatted: Font: Bold l Formatted: Font: Bold Formatted: Font: Not Bold, Underline Formatted: Indent: Left: 0", Hanging: 0.92" Formatted: Font: Not Bold, Underline [Formatted: Font: Not Bold, Underline . Economic Development Advisorv Committee . Communitv Safetv Advisory Committee 1001.3 Advisory Authorities. The City Council may also establish advisory authorities to monitor significant issues in the community of on-going concern. Advisory Authorities shall adopt bylaws to govern the conduct of the Authority. Advisory Authorities are composed of citizen volunteers appointed by the City Council, or a combination of citizen volunteers and City Council members. :+R:: r..u~~ mem9€"S ::onj torms of 3pp:::~t~B~\ ::0'& cot by tho individual /\dvicory Authoritioc throllgh ths:~ ~~'-Iaws-,..Bylaws shall be forwarded to the City Council for its approval or amendment at its first meeting of each year. After the Council adopts an Advisory Authorit~ bylaws, the City Council on its own initiative may adopt further changes to an Advisory AutheFities Authoritv's bylaws at any time; however, such amendments shall not take effect until sixty (60) days after their passage. At any time during the year, the Advisory Board can propose amendments to its bylaws. The Council shall act on the proposed amendment. Advisory Authorities shall meet annually with the City Council in a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Meetings between the Council and advisory authorities may occur on a more frequent basis if needed. Advisory authorities must also report at least annually to the City Council. Advisory authorities, include for example: . Planning Commission", {The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code.} . Park Advisory Committee . Lake!? Advisory Committee e---':::::lr.1unicationc Advisory C::~~~;\tee o S:mior Citizon J\d\'i:::;"'-I:...Ge~{;.;ittge ~ ~::onomic Dovolopmont Committee ,1002:QITY COUNCIL LIAISONS TO CERTAIN ADVISORY AUTHORITIES. Annually, the City Council shall appoint a City Council member to be a liaison to the Planning Commission, Park Advisory and Lake Advisory. No Council member shall serve as a liaison to the same Advisory Committee for more than one consecutive year. Council members appointed as liaisons to an advisory authority shall not have voting privileges on the advisory committee. .1003: COMMITTEE VACANCIES: An advisorv bodv member whose term is expirina who has not achieved their term limit. and who has met or exceeded the advisol'! committee's performance standards mav be reappointed bv the Council without followina the steps set forth in this section. Citizon v:{acancies in the City Council's Rosearch Work Groups ef-Advisory Authorities shall be filled in the following manner: 1003.1 Applications are solicited. A Notice of the vacancy is made public and individuals may be encouraged to consider the position. 1003.2 The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where the work C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 15 I Formatted: Font: Bold [" Formatted: Font: Not Bold, Underline l Formatted: Font: Bold r-- --- "--- - Formatted: Font: Not Bold, Underline group is newly established and no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority, work group or committee charged with the selection of the successor for that person. 1003.3 The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. ,1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are certain authorities, committees and commissions where a Council member is appointed and serves ::: :: ~9rar9s9ntativeElas a reoresentative of the Prior Lake City Council. A Council member appointed to serve on a committee, commission or authority shall provide the City Council with periodic reports on the activities of the committee, commission or authority. The Council member shall exercise judgment as to whether more frequent reporting is necessary. The authority, committee or commission shall determine if the appointed Council member has voting authority in connection with its governing authority. Other Committees or Authorities on which Councilmembers currently sit, include for example: :'; P::~k8, .'\thloti'Js 2.::2 C)::;ro3tion :r 2.G~ c9fGe . Orderly Annexation Board . Transit Review Board . Economic Development Authority . !-eaaue of Minnesota Cities. Association of Metrooolitan Municipalities. or National Leaaue of Cities SECTION 1100: SUSPENSION OF RULES ,1101: Such other rules that the City Council deems appropriate may be enacted. All matters of procedure not specified herein shall be governed by the City Code, State Statutes, or Federal Laws, whichever is applicable to the procedure in question. The rules herein may be suspended upon a motion, second and debate, and a 4/5 (80%) vote of the members for a specific meeting only. SECTION 1200: TRAVEL & REIMBURSEMENT FOR EXPENSES ,1201. The City of Prior Lake recognizes the need for and value in attending workshops, conferences, public and private events, and meetings in the conduct of City business. Such events may take place in the Minneapolis-St. Paul metropolitan area, in out-state Minnesota, or out-of-state. The purpose of this section is to set forth the guidelines for participating in such events, as well as reimbursement of expenses incurred as a result of attendance. .120~+:,GENERAL CONDITIONS: C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 16 l Formatted: Font: Bold [Formatted: Font: Not Bold, Underline r Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) [ Formatted: Font: Bold [Formatted: Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) r Formatted: Font: Bold l Formatted: Font: Bold r:- - .-- I Formatted: Underline, All caps ] I 120g.+.1 All expenses incurred by a Council member in connection with fulfilling their duties to the City shall be reimbursable. Reimbursement of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 120g.+.2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis-St. Paul metropolitan area do not require advance approval by the City Council as long as the costs for attendance are within the approved City Council budget. 120g.+.3 Attendance at and the traveling budgets for events, workshops, conferences or meetings conducted out-of-state, or that require overnight accommodations, must be authorized in advance by the City Council at an open meeting. 120~.+.4 In evaluating travel requests for approval, the purpose for attendance must meet one of the following criteria: . The elected official will be receiving training on issues relevant to the City or to his/her role as the Mayor or as a Council member. . The elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. . The elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. . The elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. 120g.+.5 Council members attending events at City expense are expected to provide the Council with a summary of the meeting. 120g.+.6 No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 120g.+.7 The City must have sufficient funding available in the budget to pay the traveling expenses for the event. 120g.+.8 The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 120~+.9 Reimbursement of expenses is intended to refund the actual costs incurred and must be in accordance with the provisions of section 1202 herein. .120~2: REIMBURSEMENT REQUIREMENTS: The City will reimburse for transportation, lodging, meals, registrations and incidental costs if attendance at the event, conference, workshop, or meeting is authorized in accordance with the above General Guidelines. A receipt must be submitted for reimbursement of all costs. 120~.1 Meals. Daily or event specific reimbursable meal costs are limited to $15.00 per meal. In the case of out-of-state or overnight travel, reimbursable meal costs shall not exceed $60.00 per day. Alcoholic beverages and meal expenses included in the cost of registration are not reimbursable expenses. 120~.2 Lodaina.. Reimbursable lodging costs for travel within the Midwest are limited to $200 per night. For travel outside the Midwest, reimbursable lodging C:IDOCUME-llmjgILOCALS-lITempliScrubICity Council Bylaws Revised 2008.doc 17 l Formatted: Font: Bold [-Formatted: F;;;t: Not Bold, Underline I Formatted: Font: Not Bold, Underline I Formatted: Font: Not BOI.d, 1 Underline ~ r Formatted: Underline. ] costs are limited to those that are reasonable and necessary, and as pre- approved by the City Council when authorizing the out-of-state travel budget. 120~.3 Mileaae. Mileage will be reimbursed at the IRS rate. If two or more Council members are traveling together by car, only the Gfi.vef-vehicle owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicles should be used for City Council business in lieu of rental when available. 120~.4 .Tips. Tips paid as part of meal service shall not exceed 20% of the total bill and are reimbursable in addition to the cost limits set for reimbursable meals above. Tips and gratuities for services such as taxis, are only reimbursable if a receipt is provided, and in no case should exceed 20% of the cost of the service. Tips for non-documented services, such as baggage handling or housekeeping, are reimbursable in an amount not to exceed $10 per day. 120~.5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall use the most cost-effective mode of travel taking into consideration reasonable time constraints. 120~.6 .Non-Reimbursable Exoenses.. The City will not reimburse for personal telephone calls, rental of luxury vehicles, recreational expenses such as movies, golf, shows, or concerts, or the costs associated with the attendance of a family member or person unauthorized to attend the event on the City's behalf. .12013:.,EXCEPTIONS TO POLICY: Any exceptions to this policy must be approved by the City Council at an open meeting. I .120~4:.AMENDMENTS TO POLICY: This policy will be reviewed annually consistent with the review by the City Council Bylaws & Compensation Committee of the City Council Bylaws. Any amendment to this policy will be consistent with the procedure for amending the City Council Bylaws. SECTION 1300: CODE OF ETHICS_ AND CONDUCT .1301 : POLICY STATEMENT: The Citv of Prior Lake recoanizes that our system of democratic t . representative aovernment is dependent in lame measure upon people havina trust and confidence in their public officials. omolove:: :1~::J aaonts. The oublic riahtfullv expects that aovernmental officials,2m~'9\feSS :::....::J 3aonts will conduct Citv of Prior Lake business in ways which benefit the public aenerallv and that oublic office and positions will not be used chieflv or improperlv to advance personal interest. The City of Prior Lake has pledaed that the aoals of fair. efficient and honest aovernment will be fostered and that it will strive for intearitv and obiectivitv from all of its elected and appointed officials,:).:'m:ld\lBx. 3l)8:)intoos 3nd voluntoors. 1301.1 The Citv of Prior Lake finds that the proper ooeration of democratic representative aovernment reauires that: . ~Elected and appointed officials ere and emplo'/e2c ~"be independent. impartial and responsible to the oeople: . Governmental decisions and policv be made in the proper channels of the aovernmental structu re: . Public office 3nd p08ition not be used for oersonal aain: and C:IDOCUME-1\mjgILOCALS-1\TempliScrubICity Council Bylaws Revised 2008.doc 18 [Formatted: Font: Not Bold, Underline [Formatted: Font: Not Bold, Underline [Formatted: Font: Not Bold, Underline ] 1 1 Formatted: Font: Not Bold, Underline I Formatted: Underline I FonTIatted: Font: Bo~~ ~rma~ed: Underline [-Formatted: Font: Not Bold, Underline C Formatted: Font: Bold Formatted: Font: Not Bold, Underline ( Formatted: Underline _J J J J ] 1 I Formatted: Border: Bottom: (Single 1 solid line, Auto, 0.5 pt Line width) l Form~~ed: FOI1~olcl ____~ r- Formatted: No underline, Font I color: Black . ~The oublic have confidence in the inteoritv of its oovernment. 1301.2 This Code shall be liberallv construed in favor or protectino the publjc's interest in full disclosure of conflicts of interest and promotino ethical standards of conduct. .1302: PURPOSE: The puroose of this Code is to: 1302.1 Establish standards of ethical conduct for City elected and appointed officials, omolovo:s. 2Cooi-Ate:S rj...v8~~:ltaef6 in dealino with conflicts between personal. interests.--aAfI tAGse--interests of the City. and interests of those who do business with the City of Prior Lake; 1302.2 Reouire disclosure of orivate financial or other interests in matters affectinc the City of Prior Lake: 1302.3 Provide clear ouidance with respect to such standards by clarifyino which acts are allowed and which are not 1302.4 Promote oublic confidence in the inteoritv of the oovernance ~;~:S~!3~j9A of the City of Prior Lake: 1302.5 Provide for the consideration of ootential ethical oroblems before they arise, to !!linimize unwarranted susoicion and to enhance the accountability of the City o~ Prior Lake's oovernment to City residents: and 1302.6 Provide for the fair and effective administration and enforcement of this Code.. 1302.7 Nothina in this 03raar30hsection should be construed to imoair the ability of CiN of Prior Lake's elected and aooointed officef6ials and omolovoos to oarticioate in ceremonial. representational. or informational functions in the pursuit of their official duties. ,1.303: .cONFLICT OF INTEREST~ An elected or aooointed official. omploves. 3l)B:>intoo and voluntoer may not use his or her pocition or office or take or fail to take any action. o~ influence others to take or fail to take any action in a manner which he or she knows or has reason to believe. may result in a personal or financial benefit not shared with a substantial seoment of the Citv of Prior Lake's oopulation, for anv of the followino persons or entities: 1303.1 Himself or herself: 1303.2 A member of his or her household. includino his or her spouse or domestic partner. aOO-his or her deoendents. or the emoloyer or business of any of these oeopleanv of tho ooopl3 listsa i:l ::..;t;:aracra;:h: 1 ~~~3.g ~: 1303.3 A siblino or step-siblino. steo-child. parent or steo-oarent. niece or nephew. uncle or aunt. or arandparent or orandchild of either himself or herself. or of his or her spouse or domestic partner. or the emplover or business of anv of these people: 1303.4 An outside emplover or business of his or hers~.:: :~ I::::~ :CCUS3-Bf domostic P3rtnor. or somoono who work&4:x s.::tsft-x-tsi3e-:r"sI3'lef-:X bt:sifteBs: 1303.5 A customer or client (or former customer or client within the precedino 12. months): 1303.6 A person or entitv from whom the elected or appointed official or emelevee has received an election camoaian contribution of more than $200 in the aoareaate durina the past election cycle: 1303.7 A substantial debtor or creditor of his or hers. or of his or her s')ouse or domestic oartner: and C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 19 [ Formatted: Font: Bold ~ [Formatted: No unde~llne,'F~~t l color: Black L Formatted: Font: Bold __ 1 [ Formatted:Font color: Black' l Formatted: Underline, Font color: l Black I Formatted: Underline l 1303.8 A nonaovernmental civic qroup. union. social. charitable. or reliaious oroanization of which he or she (or his or her spouse or domestic partner\ is an officer or director. .1.304: .GIFTS AND SPECIAL CONSIDERATION: An elected or apoointed official. omolovoo. 3ooointoo and voluntoor. may not use his or her oositionoffice to directlv or indirectlv. solicit any aift or soecial consideration from anv oerson. business or oraanization havinq known business. administrative. leaislative or financial relationshio with the City of Prior Lake for himself. herself or anv relative or individual identified within 1303 that could be, reasonablv oerceived to influence actions or decisions related to Citv of Prior Lake business. 1304.1 The term aift shall be defined broadlv to include. but not be exclusivelv limited to. meaA-monev. a loan. tanaible or intanaible personal prooertv. a promise. services. travel. entertainment. hosoitalitv. food or beveraae. Soecial consideration means any orivileqes. benefits. exemotions. treatment or advantaqe beyond what is aenerallv available to City of Prior Lake residents. 1304.2 Nothina within this oaraqraoh shall orohibit contributions which are solicited or received and reoorted in accordance with Minnesota law. .1305: ,NEPOTISM AND PATRONAGE: No ~elected or appointed official or emplovee may aoooint or hire. suoervise or be in a direct line of suoervision. includina b't contract. any relative or individual identified in 1303 unless such situation arises throuoh the competitive bid process. 1305.1 No elected or aooointed eubHG-official m-emolovee may promise an aooointment or use his or her influence to obtain an aooointment to any position as a reward for any oolitical activity or contribution. ,1306: MISUSE OF OFFICIAL POSITION: No ~elected or aooointed official or omplovoo may use his or her official oosition for a ourpose that is. or would to a reasonable person aooear to be. primarilv for the orivate benefit of the fWI:tIk;-official omolovee or rolative or gn individual identified in 1303. {1307: MISUSE OF CITY PROPERTY: An elected or aooointed official. omolov8s. ::::S~ or voluntoer must refrain from allowinq the use or porm!t tho uSQ of any oerson. funds. or property under his or her official control. direction. or custodv, or of any City of Prior Lake funds or oropertv. for a ouroose which is. or to a reasonable oerson would apoear to be. for other than a City of Prior Lake puroose. 1307.1 Nothina in this oaraaraph shall prevent the private use of City of Prior Lake orooertv which is available on eoual terms to the oublic aenerallv (such as the use of librarv books or tennis courts) or the use of City of Prior Lake prooertv in accordance with municipal oolicv for conductino official City of Prior Lake business (such as the use of a City of Prior Lake automobile\. .1308: DISCLOSURE OF INFORMATION: An elected or appointed official.:;~I9V6&- aooointoo or voluntoor who has not obtained proper leoal authorization shall not knowinalv disclose. use or allow the disclosure or use of an\! confidential. privileaed. Gf C:IDOCUME-1ImjgILOCALS-11 T empliScrublCity Council Bylaws Revised 2008.doc 20 I Formatted: Font: Bold ( Formatted: Font color: Black Formatted: No underline, Font color: Black (Formatted: Font color: Black I J l Formatted: Font color: Black I Formatted: Underline, Font color: Black [ Formatted: Font color: Black I [Formatted: Underline, Font color: '1 Black I Formatted=!'ontcolor: Blac~ ,J r Formattecl: Underline, Font co~r: I Black I Formatted: Font color: Black [' Formatted: No underline, Font color: Black proprietary or non-public information aained bv reason of his or her official position for a 'puroose which is not for the benefit of the City of Prior Lake.. . 1308.1 Nothinq in this paraqraph shall prohibit ttle disclosure or use of information which. is a matter of public knowledae or which is available to the public on reauest. ,1309: EMPLOYMENT AND INVESTMENT: No elected or appointed official g,,",s-'g>1ge-Of appointoo shall enaaae in or accept private emplovment from. or render services for, any private interest when such emplovment or service is incomoatible with the proper discharae of official duties or would tend to impair indeoendence of iudqment or action in the performance of official duties. 1309.1 An elected or appointed official. omplovoo or :1opointee shall not invest or hold any investment. directlv or indirectlv. in any financial. business_ commercial or other private transaction which creates a conflict with his or her official duties.. .1310: .RECUSAL: An elected or appointed official~~€. 3::~Jintoo, or '/"oluntoor must refrain from actina on or discussina. formallv or informallv a matter before the Citv, if actina on the matter. may personallv or financiallv benefit that official or any of the other persons or entities listed in section 1303 of this Code. or would to a reasonable person appear to imoair the individual's indeoendence of iudoment or action in the pertormance of official duties. An elected or appointed official who Gr 2cs:>intoo who in the discharqe of official duties would be reauired to take an action or make a decision that would. substantiallv affect the official's financial interest or the interest of those individuals or entities identified in section 1303 must advise the City Attornev of the potential conflict o~ interest as soon as possible and oreferablv in advance of the meetina at which that action or decision is to be made. If the Citl! Attornev determines that a ootential conflict of interest exists. the elected or appointed official or appointoe shall inform the presidin~ body of the potential conflict and abstain from anv participation on that aaenda item. AA omplovoo or 'IOll:~~~~' s'lould ioin ths sutli~ if r:Jcu8:11 OC~:dr~ at :1 ct;blic mootino or 10:1'10 tho roo~ if it i:: r.ct ~ c:Jblic mootina.. 1310.1 This paraaraph shall not applv to any contract awarded throuoh the public bid process in accordance with aoplicable law. .1311: DUTY TO REPORT: An elected or appointed official. 3('s':.:i~~~97-~~cIJvoe or voluntoor who is aware or who has a substantialw reason to believe that an individual is in violation of this Code is obliaated to report the susoected violation of this Code to the City Manaaer. Citv Attornev or his or her desianee. ,1312: PROHIBITION AGAINST RETALIATION: The Citv of Prior Lake. and its ~elected or appointed -officials, 3ppointo::s. n:1d emplo"ees shall not harass. attack. take or threaten to take. directlv or indirectlv. official or personal action. includina but not limited to termination. discipline. chanoe of iob duties. or chanoe in salarv because an individual. in aood faith, has: . Reported a violation of this Code; . Files a complaint reaardina an alleaed violation of any law or City of Prior Lake ordinance or policv; or . Is reauested to participate in an investiaation. hearina or inquiry related to the alleqed violation. C:\DOCUME-1ImjgILOCALS-1\ T emp\iScrublCity Council Bylaws Revised 2008.doc 21 l!ormatted: Font col.?~:~lack J Formatted: No underline, Font color: Black l Formatted: Font color: Black l [ Form~ttI'!d-: No unde;ii;;, Font -- color: Black ( Formatted: Font color: Black I --------- - '-l r Formatted: No underline, Font color: Black [ Formatted: Font color: Black [' Formatted: No underline, Font color: Black 1312.1 The City of Prior Lake may take appropriate discipline UP to includino t:~~ir:::lt;9A of any official. 3ppointoo. Z~;:-'JVOO or '.'::':':~~9afaoainst anv individual within its authority who f.i.le8reports a-a Code of ethics violation in bad faith. .1313: .ENFORCEMENT: Anv oobHBelected or appointed official. 3ppointoo omplovoo or ~::~ l~::t who is found to have enoaoed in action or inaction that violates any provision of this code may be sanctioned. reprimanded, suspended or removed from office or emolovment in accordance with Federal law. State law applicable City of Prior Lake ordinances. contracts, labor aoreements and oolicies. 1314: ANNUAL DISCLOSURE STATEMENT . PUBLIC OFFICIAl ca. '::ftAPLOYEES. APPOINTiica AND VOLUNTEERS: AlI;)Ucli~:. ::cc~intoos, ::~C'',W6::S', ::"g volunteors CThe Mavor and all members of the Citv CouncilGfS. Plan nino Commission, Park Advisorv CeFJlFJlissionCommittee and Lakes Advisorv CeFJlFJlissieFlCommittee ef&.: Park Advisory Committe:. Y>':l L3ko Advi€orv C:>''1l:+,i.tt30 somplo'/oos in tho Cit" A1~:"i€tration ['::sD1~'Jnt. City Finance Dopartm:nt ~::PD1"1ont Hea':ls :::1,,4 Suoorvi€ors €hall sion and file an annual disclosure statement.,. P:'!cl:~:r:&!s ~st ~-iIe bv March 15th of each veal'. or within thirty (30) days after a chanoe in the information contained in his or her most recentlv filed annual disclosure statement. Apolicants for apoointment shall comolete a disclosure statement as part of their aoplication process for the position. 1314.1 The annual disclosure statement shall include: . The location of any real property in the City of Prior Lake or within one mile of the boundary of the City of Prior Lake in which the oerson disclosino. or his or her relative. has a financial interest. and the tvpe of financial interest. Rol3tivo moa"c SC::lU80. child, stop chil1. ~:~3:-. xronts. and 3m pon::on Glaime1 :::3 ::: dooondont ':x~ 1~3 I3t08t fodor31 incomg l::,x 'gt'j'n: . The name. nature. type of entitv. and the relationshio to any business or emplover to which the oobHBoerson disclosina offici31 o~ ::Co;:l:Gaflt-fGf apoointmont receives any type of benefit; and . The names and addresses of all relatives of the person disclosina who are emploved bv the City as emplovees. contractors or ,consultants. includino relatives who work for or are subcontractors. ef-contractors or consultants. . For purposes of this sub-section. "relative" means spouse. child step-child. siblina. parent. or person claimed as a dependent on the latest federal income tax return: DECLARATION OF POLl~Y: TI::::J proper opor3tion of domocr3tic gO'.'3~:l~:::Jnt roquir:: th::~ t~ 1*ffiH: h::: :onfidonco in tho intogrity ::f its ;Jovornmsnt. I~ r3cognition :f tri.: s:xv., tr.3fe is heroby ::st::,l3I:S~"lOd 3 Codo of Ethb: :111::1 Conduct f::~ pl:~ffiJ:'2b. TI::::J purposo of this Cod: :3 tif-3s~d:-l:s~' st::,,,-::l3rdc of conduct for 311 such offi:::?,ls ~y sotting forth thow actc or actions th3t 31'0 incomp3tiblo \'vith-tJ::\e-ee:Jt in~&f::;sts ~f tho City, 3nd by dirocting disclosuro by such officials of private, financi31 or oth:x :r.torost in matters affocting the City. Tho provisiors ?.....o;:j purpose :f thi: ~~do and such rules and ~:"s :::IS ~?f' be ostat':sl-'Jd am horoby docl3rod to bo in tho bost inter:sts ~ ~ C:\DOCUME-l\mjgILOCALS-l\TempliScrubICity Council Bylaws Revised 2008.doc 22 Formatted: Font color: Black I Formatted: No underline, Font color: Black I, Formatted: Font color: Black Formatted: No underline, Font color: Black Formatted: Font: Bold, Font color: Black Formatted: Font: Bold, Font color: Black ~ormatted: Font color: Black, Formatted: Font color: Black, Strikethrough 1303: GIFTS AND FAVORS: ~J:: p:-:c!ffi-effi:;::::! s"':;::.J.i-aGGs!2t ry->,'::,J'j::,t'lo gift, favc~ X tr~r.g-ef valuo, rogardlass of am~{1r.t WAetR':'~ ;" !-J::\e-.fB.ml of monay, sarvico, 1'.:'3", !~ promise from any pon;on 'shieh to tho official's knowlodgs :2 ::::>ncorned, diroctly or indiroctly in ::my mannor '....'"',::~s'Javor in bUBinosc 3:n!'~g&-'A';~~ ~~9-G+ty-o 1304: USE OF EQUIPMENT AND FACILITIES: I\(s- p'J.~lis-effiG;:! S~:II ~oquest or perr.'rit ths umuthorizod usa of City ownod vohicloB, oquip""cnt, "'latef':\IS, P''Jporty, I3bor or corvicos for porB:'~21 ::onvonionco or profit. -+J0~: CONFLICT OF INTEREST: Rofar to Soction 500: SECTION 1400: CITY COUNCIL RECOGNITION .1401: COMMENDATION AND CENSURE:. To the extent allowed by law, the City Council desires to encourage appropriate behavior and discourage inappropriate behavior among its members. The City Council, as a body, may by motion and a 4/5ths vote, commend or censure one of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public commendation for the exercise of positive leadership, community vision or other actions considered meritorious by the City Council. 1401.2,Gensure.: A member may receive a public admonishment for failure to conform with any provisions of these bylaws, state statute, violation of confidentiality or attorney-client privilege, or other acts considered to merit reprimand by the City Council. C:IDOCUME-1 ImigILOCALS-11 TempliScrublCity Council Bylaws Revised 2008.doc 23 [Formatted: Border: Bottom: (Single I solid line, Auto, 0.5 pt Line width) I Formatted: Font: BOld_____J Formatted: Font: Not Bold, Underline [F;;;'~atted: Underlin;- [Formatted: Font: Not Bold, Underline [Formatted: Font: Not Bold, Underline r Formatted: Underline APPENDIX A: TYPES OF MOTIONS AND PROCEDURES The following motions will be available for use by the members: 1. Main Motion: An act to bring substantive proposals before the City Council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for citizen input are followed pursuant to Section 7.B of these Bylaws. , 2. Amend Main Motion: A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motion that may be amended is the main motion. , 3. Postpone Definitely Motion: A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a definite time for the motion to be reconsidered. A motion to postpone definitely requires a second, deliberation and a subsequent vote. 4. Vote Immediately Motion (Previous Question): A motion to prevent or stop deliberation on a pending motion and to bring the pending motion to an immediate vote. A motion to the "Previous Question" requires a second and a two-thirds majority vote to pass, however, no discussion is allowed on the motion. Two votes are required when a Previous Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion that replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. 7. Division of Motion: A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. Each section or idea that is to be voted on separately must be acted upon through a separate motion, second, discussion and subsequent vote. Any member of the City Council may request a motion to be divided into two or more individual motions. 8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has been requested to be divided into two or more individual motions. 9. Privileged Motion: These motions do not relate to pending business, but have to do with special matters of immediate and overriding importance, which without any debate, C:IDOCUME-1ImjgILOCALS-1ITempliScrubICity Council Bylaws Revised 2008.doc 24 [ Formatted: Font: Not Bold r Formatted: Indent: Left: 0.25" ~matted: Font: NO~~O~____ J [Formatted:I~d;~t:Left: 0.25" ] I Formatted: Indent: Left: 0.25" ( Formatted: Indent: Left: 0.25" shall be allowed to interrupt the consideration of anything else. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a speaker. Privileged motions include: . Point of Order: Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. . Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion that, in turn, requires a second and the opportunity for discussion. . Motion to Reconsider: A motion to reconsider any action taken by the Council may be made at the meeting at which such action was taken or the regular meeting following. Such motion must be made by one of the prevailing side, but may be seconded by any member and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. A motion for reconsideration requires only a majority vote regardless of the vote necessary to adopt the motion reconsidered. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. C:IDOCUME-llmjgILOCALS-lITempliScrubICity Council Bylaws Revised 2008.doc 25 I Formatted: Indent: Left: OS'