HomeMy WebLinkAbout12 21 2015 EDA Report 8A
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: December 21, 2015
AGENDA #: 8A
PREPARED BY: Dan Rogness, Community & Economic Development Director
AGENDA ITEM: PROPOSED BYLAWS AMENDMENT
DISCUSSION: Introduction
At it’s last meeting the EDA adopted bylaw amendments regarding length of terms.
The purpose of this agenda item is to review and approved proposed amendments
to the EDA and EDAC Bylaws related to two sections: (1) removal of a member,
and (2) gifts and favors.
History
Major amendments to all board/commission bylaws were done in January of 2015
in order to make them all consistent and uniform. These new proposed amend-
ments relate specifically to the two topics noted above and are recommended by
the city attorney’s office.
Current Circumstances
Two sections of the Bylaws are proposed to be amended related to the removal
of EDA Commissioners or EDAC members, and related to exceptions for gifts and
favors. The language added to the “Removal of Member” section is intentionally
general in order to provide flexibility for each unique circumstance. This proposed
amendments below would be consistent for the EDA and EDAC Bylaws, except
that the EDAC Bylaws will refer to a 4/5 vote by the EDA to remove any EDAC
member.
3.6 REMOVAL OF MEMBER: Any member of the EDA may be removed from
office by a four-fifths (4/5) vote of the entire City Council for reasons including but
not limited to: (i) failure to attend a minimum of 75% of meetings; (ii) failure to
attend site visits/inspections; (iii) failure to review and understand agenda materi-
als; (iv) failure to participate in an appropriate and productive manner; (v) failure
to continue to meet any requirement set forth in Section 203; and (vi) failure to
comply with any provision of these bylaws or any federal, state or local rule or
regulation.
16.3 GIFTS AND FAVORS: No public official shall accept any gift, including
but not limited to money, real or personal property, services, loans, me-
mentos, food, beverages, or any other favor or thing, regardless of value,
from any interested person except as follows:
16.3.1 a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
2
16.3.2 services to assist an official in the performance of official duties,
including but not limited to providing advice, consultation, infor-
mation, and communication in connection with legislation, and
services to constituents.
16.3.3 services of insignificant monetary value.
16.3.4 a plaque or similar memento recognizing individual services in a
field of specialty or to a charitable cause.
16.3.5 a trinket or memento costing $5 or less.
16.3.6 informational material of unexceptional value.
16.3.7 food or a beverage given at a reception, meal, or meeting away
from the recipient's place of work by an organization before whom
the recipient appears to make a speech or answer questions as
part of a program.
16.3.8 received:
(1) because of the recipient's membership in a group, a majority
of whose members are not local officials, and an equivalent gift is
given or offered to the other members of the group;
(2) by an interested person who is a member of the family of the
recipient, unless the gift is given on behalf of someone who is not
a member of that family; or
(3) by a national or multistate organization of governmental organ-
izations or public officials, if a majority of the dues to the organiza-
tion are paid from public funds, to attendees at a conference
sponsored by that organization, if the gift is food or a beverage
given at a reception or meal and an equivalent gift is given or of-
fered to all other attendees.
16.3.9 received in exchange goods or services of equal value.
Conclusion
The EDA should review and approve the proposed bylaws amendments, or sug-
gest alternative language.
ISSUES: These two areas of bylaws amendment will create consistency for the City Council,
EDA and all advisory committees.
FINANCIAL
IMPACT:
No direct financial impact related to these amendments.
ALTERNATIVES: 1. Motion and a second to adopt the proposed amendments to the EDA and
EDAC bylaws. The city council is the final authority for the EDA Bylaws
and will act on this proposal at their annual meeting on January 11, 2016.
2. Motion and a second to table action and direct staff to provide additional
information.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: None