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HomeMy WebLinkAboutBEC (Formally EDAC) Bylaws Revised 2015 CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS Amendment Approval EDA July 11, 2011 April 9, 2012 August 19, 2013 January 20, 2015 SECTION 100 PURPOSE 101. The purpose of the City of Prior Lake Economic Development Advisory Committee Bylaws is to provide a set of operating procedures for the Economic Development Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Economic Development Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Economic Development Authority (“EDA”) for final approval. SECTION 200 STRUCTURE OF COMMITTEE 201. COMMITTEE CREATED: The City Council has established an Economic Development Advisory Committee. The Committee is advisory and its purpose is to study and provide reports, analysis and recommendations to the Economic Development Authority and City staff on economic development matters as assigned. Members to the Economic Development Advisory Committee shall be appointed by the Economic Development Authority. Members shall serve three (3) year-terms beginning stst November 1 and ending October 31. The members of the Economic Development Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202. DUTIES OF THE COMMITTEE: The duties and responsibilities of the Committee include: 1. Serve as a liaison between city government and the community through interaction with business leaders and community residents. 2. As requested, review and comment on economic development and redevelopment policies to the Economic Development Authority or City staff. 3. Make recommendations to the Economic Development Authority or City staff regarding economic development issues, strategy development and implementation and other initiatives that can be undertaken by the Economic Development Authority to expand and strengthen business retention & expansion. 4. In conjunction with Economic Development Authority members or staff, introduce potential or new business representatives to others in the community. 203. APPOINTMENT: The Committee shall consist of no more than thirteen (13) members appointed by the Economic Development Authority. Said members shall consist of residents and non- residents affiliated with a business located within the City of Prior Lake as may be determined by the Economic Development Authority. No more than 40% of the Committee shall be non- residents. Committee members shall serve for a term of three (3) years commencing on November 1 and concluding on October 31. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than October, the Committee member shall begin service immediately upon appointment and shall serve as if appointed in the previous October, serving two full years and a partial year. 204: LIASIONS: The Economic Development Authority, the Prior Lake Area Chamber of Commerce and other organizations deemed appropriate by the EDA and EDAC, may appoint Liaisons to serve on the Committee. The role of a Liaison is to act as a conduit and resource for information for the Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Committee is meeting in a study or work session. The Committee, at its discretion, may ask the Liaison for input on the subject under consideration. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. 205. VACANCIES: If an appointed member of the Economic Development Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, the Economic Development Authority may appoint a replacement in the following manner: 1. Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2. Screening Committee. The City Manager or his designee, the EDA liaison to the Committee, the staff liaison to the Committee, and one member of the Committee appointed by majority vote of the Committee shall serve as the Screening Committee. An individual subject to re-appointment may not sit on the screening committee. 3. Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the EDA. The recommendation of the Screening Committee will be presented to the EDA. The EDA may accept or reject the recommendation. If the recommendation is rejected, the EDA may appoint another individual or reopen the application period and invite new candidates to apply. 206. OFFICERS: The Economic Development Advisory Committee shall elect from among its members a Chair and Vice-Chair. The City Manager or his/her designee shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Board members present at the meeting. The term of the chair shall begin in November and run for one year. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Board may consider relevant before the EDA annually or as directed otherwise. . 2. Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Economic Development Advisory Committee shall appoint a replacement by majority vote of those members present at the next regular meeting, and such election shall be for the unexpired term of said office. 207. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service limitation for all appointed positions on the Committee. The term limit applies only to full three 2 of 9 year terms. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 208: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire EDA. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203. SECTION 300 STATEMENT OF ETHICS 301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperly to advance personal interests. The City Council of Prior Lake has pledged the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1. The City of Prior Lake finds that the proper operation of democratic representative government requires that:  Elected and appointed officials be independent, impartial and responsible to the people;  Governmental decisions and policy are made in the proper channels of the governmental structure;  Public office and position not be used for personal gain; and  The public have confidence in the integrity of its government. 2. The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by:  Creating transparency in its actions through honest and open communication;  Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community;  Supporting the public’s right to know the public’s business; and  Exercising fairness, optimism, responsiveness and respect in communicating with the public.  Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. 3. This Statement of Ethics shall be liberally construed in favor of protecting the public’s interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 3 of 9 304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 305: CONFLICT OF INTEREST: 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) 306 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: 1. Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 2. The City Attorney shall determine whether a disqualifying conflict of interest exists. 3. Any committee member shall orally inform the commitee of the potential conflict and abstain from any participation in that agenda item if a conflict is determined to exist. 307: 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 ensure 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 ensure that the officials will not act arbitrarily to further their selfish interests. SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings of the Committee are open to the public. Regular meetings shall be held on a minimum of a quarterly basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair. 402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk’s Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting Law. 1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying materials shall be received by the Committee, EDA, staff and others designated by the EDA, no later than three (3) business days prior to the next scheduled meeting and no later than two (2) days prior to a special meeting. 2. Notice of any Public Hearing must be published as required by statute. 403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair or any two (2) members of the Committee for the purpose of transacting any business designated in the notice. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Committee. Notice of a special meeting shall be provided 4 of 9 as required by the Minnesota Open Meeting Law. At such meetings, no business shall be considered other than as designated in the notice. 404: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the Committee agenda packet. The information provided by staff should serve to inform the Committee of the subject matter under discussion. The information should explain in detail the staff comments or work, or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements / Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City’s public access cable channel. The following two requirements for "minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. The official minutes shall be prepared and presented to the Committee at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Committee business conducted while the Committee 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 Committee 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. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting unless otherwise provided by these bylaws, State Statute or City Code. Committee members 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. The Staff Liaison is responsible for the maintenance and filing of the minutes. 1. The approved minutes shall be retained as a permanent record of the Committee meeting. 2. The approved minutes of the past twelve months of Committee meetings shall be available on the City Website. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 5 of 9 406: ROLES AT MEETING: 1. All meetings of the Committee 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 of Prior Lake encourages citizen attendance. Public attendance at meetings of the Committee helps to develop a more enlightened, interested and participatory citizenry. 2. Any Committee member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Committee. Members of the Committee must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 3. Members of the Committee 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 Committee meetings, Committee members may want to consider contacting the Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the Committee meeting. 4. The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice- Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent, the Secretary shall call the meeting to order and preside until such time the Committee 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 members of the Committee. 5. The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 6. The presiding officer shall recognize all speakers from the audience, except when a member of the Committee has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. 7. The presiding officer has the responsibility to facilitate discussion by the Committee. This may occur in a variety of ways, including:  Interpret and apply rules of procedure  Decide whether motions are properly made.  Decide whether motions are in order.  Decide whether questions of special privilege ought to be granted.  Decide when to recognize speakers.  Call for motions or recommend motions.  Expel disorderly persons from the meeting.  Enforce speaking procedures. 8. The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the Committee to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical standpoint, not 6 of 9 all hearings can be opened at their designated time. The Committee may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 3. Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4. At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the Committee members if they have questions of the staff or consultant. 5. The presiding officer requests a motion and second from a member of the Committee to open the public hearing and calls for a vote. 6. The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions.  Members of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation to the Committee, such materials must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer’s judgment relating to timeliness and relevance.  If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting  If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the Committee using a prerecorded audio or video communication. An audio or video communication must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The author of the recorded testimony must provide seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. 7. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 7 of 9 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. Committee members should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a “yes” or “no” response. 9. Once deliberations are complete, the presiding officer requests a motion. There are two (2) possible motions, seconds and votes:  A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed. The presiding officer announces, for the record, the time the public hearing is closed; or  A motion and second to continue the public hearing to a date certain. The presiding officer, in consultation with the Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice are needed if a hearing is continued to a later specified date. No public hearing may be continued more than once without re-notice, publishing the time, date, location and subject of the public hearing. 10. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six) shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member’s vote for the official minutes shall read as “absent”. SECTION 500 MOTIONS AND RESOLUTIONS 501: The Committee may take formal action in one of two methods - motions or resolutions. All motions in any form require a second unless otherwise stated below. All votes of the Committee in any of the two methods require a majority vote for approval unless otherwise specified below or prescribed by statute or City code. 502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Committee 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 Committee can act by resolution. Motions may be used to introduce resolutions, 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 City staff. 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. 503: RESOLUTIONS: Resolutions are normally used to reflect the Committee 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 Staff Liasion will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the Committee. 8 of 9 SECTION 600 SCOPE OF POWERS AND DUTIES 601: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake Economic Development Authority and shall advise on Economic Development matters identified in Section 100 and Section 200 or as assigned to the Committee by the EDA. The Committee Chair shall give an accounting of the Committee’s activities with respect to its purposes, goals and objectives to the EDA on a regular basis. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the EDA. 602: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 700 AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the EDA for final approval. 9 of 9