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HomeMy WebLinkAboutLAC Bylaws Revised 2009 CITY OF PRIOR LAKE LAKES ADVISORY COMMITTEE BYLAWS Adopted May 16, 1994 Amended January 3, 1995 Amended January 2, 1996 Amended February 16, 1999 Amended June 7, 1999 Amended December 4, 2000 Amended June 17, 2002 Amended January 3, 2006 Amended November 17, 2008 Amended October 19, 2009 SECTION 100: PURPOSE 101: The purpose of the Lakes Advisory Committee bylaws is to provide a set of operating procedures for the Lakes Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Lakes Advisory Committee, and any changes or amendments agreed to by a majority vote of the Commission shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200 STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Lakes Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to lakes and other water resources within the City of Prior Lake. The members of the Lakes Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Lakes Advisory Committee are as follows: 1. Research, study and make recommendations to the City Council on the information contained within the “Comprehensive Lake Management Plan.” 2. Research, study and make recommendations to the City Council on the information contained within the “Storm Water Pollution Prevention Plan,” including conducting required public hearings. M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 1 203: APPOINTMENT: The Committee shall consist of one (1) City Council liaison and at least five (5) members and no more than seven (7) members appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. Said st members shall serve three (3) year-terms beginning November 1 and st ending October 31. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. 1. To the extent possible, the membership of the Lakes Advisory Committee will include the following representatives: ? An owner of property on Prior Lake; ? An owner of property on Spring Lake; ? An owner of property on one of the other lakes within the City limits; and ? An owner of a non-riparian lot. 204: VACANCIES: If the office of Chair becomes vacant, the Lakes Advisory Committee shall appoint a replacement as set forth in paragraph 205 herein. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Lakes Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, the Prior Lake City Council shall 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the Lakes Advisory Committee, 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 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 charged with the selection of the successor for that person. 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. M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 2 205: Officers: The Lakes Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The City Manager or his/her designee shall serve as Secretary of the Committee. 1. Chair: The Chair of the Committee shall be elected by a majority vote of the Lakes Advisory Committee prior to the first meeting in November. The term of the chair shall begin in November and run for two years. The duties of the Chair shall include review and approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Committee members, semiannual reporting to the City Council, and representation of the Committee as appropriate. 2. Vice-Chair: The Vice-Chair shall be selected annually by the Committee 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 City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. 206: Term Limit: It is the policy of the Prior Lake City Council to impose a three term (9 year) service limitation for all appointed positions to the Lakes Advisory Committee. Partial terms do not count toward the term limitation. 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. 207: REMOVAL OF MEMBER: Any member of the Lakes Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Lakes Advisory Committee meetings by action of the City Council. SECTION 300: STATEMENT OF ETHICS 301: POLICY STATEMENT: The City of Prior Lake recognizes that 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 that governmental officials will conduct City of Prior Lake business in ways which benefit the public generally and that public office will not be used chiefly or improperly to advance personal interest. The City of Prior Lake has pledged that 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: M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 3 ? Elected and appointed officials be independent, impartial and responsible to the people; ? Governmental decisions and policy be made in the proper channels of the governmental structure; ? Public office not be used for personal gain; ? 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 its local government by: ? Creating transparency in its actions through honest and open communication; and ? Basing decisions and adopting public policies on what is in the best interests of the public and the overall community; ? Supporting the public’s right to know the public’s business ? Exercising fairness, optimism, responsiveness and respect in communicating with the public. ? Providing a forum and periodic training for public officials and staff to discuss organizational values that reflect high standards and current conditions and concerns. 3. The City’s 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: 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. 303: 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. 304: 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) 305: 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 M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 4 2. The City Attorney shall determine whether a disqualifying conflict of interest exists. 3. Orally inform the committee of the potential conflict and abstain from any participation in that agenda item. 306: 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. 307: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her official position for a purpose that is, or would to a reasonable person appear to be primarily for the private benefit of the official. SECTION 400 CONDUCTING MEETINGS 401 MEETING SCHEDULE: In conformance with the Minnesota Open Meeting Law all meetings of the Committee are open to the public. Regular meetings shall be held on the third Tuesday of each month at 4:30 p.m. at the Prior Lake City Hall, 4646 Dakota Street S.E., Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, cancelled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair and/or Vice-Chair. Regular and special meetings of the Lakes Advisory Committee shall be televised on cable television. 402: NOTIFICATION: All regular meetings of the Committee shall be noticed by: 1. Posting at City Hall for at least two (2) days prior to the meeting. 2. A copy of the notice, agenda and accompanying material shall be prepared by staff and received by the Committee, City Council, staff and others designated by the City Council, no later than the Thursday prior to the Tuesday meeting and in no case later than two (2) days prior to a special meeting. 403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair, or two (2) members of the Committee for the purpose of M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 5 transacting any business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the Chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of Section 402 shall be followed. 404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. 405: Conduct of Business at Meetings – The agenda for a regularly scheduled meeting shall include the following in order of business: 1. Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business 7. Adjournment 406: 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 Lakes Advisory 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 all hearings can be opened at their designated time The Lakes Advisory 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 Lakes Advisory Committee members if they have questions of the Staff or consultant. M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 6 5 The presiding officer requests a motion and second from a member of the Lakes Advisory 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. 6.1 Members of the public, interested parties or their authorized representatives may address the Lakes Advisory Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Lakes Advisory Committee, they must provide the Staff, at the time of their presentation or before, copies of the original for distribution to Committee members, City Staff and the Recording Secretary. 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 Lakes Advisory 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 must be submitted to the Staff by 12:00 noon of the day of the meeting. 6.2 If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Nine (9) copies of the comments and materials must be submitted to the City Staff prior to the Lakes Advisory Committee meeting. The comments and materials will be distributed to Committee members, City Staff, and the Recording Secretary. The written comments and materials will become part of the record, but will not be read aloud at the meeting 6.3 Recorded testimony if unable to attend a meeting. Members of the public, interested parties or their authorized representatives may submit testimony to the Lakes Advisory 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 nine (9) copies to the City Staff at least seven calendar days prior to the meeting in order to allow Staff an opportunity to view the presentation on the City’s equipment to make certain there are no technical difficulties with the equipment. It is the responsibility of the individual using an audio or video format to consult with the City to determine compatibility. The City Department responsible for the agenda item will also prepare a brief summary of the audio or video presentation. The presentation and the summary will be provided to the Lakes M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 7 Advisory Committee as part of the agenda package. The presentation and the summary will become a part of the public record. Generally, agenda packages are distributed to members of the Lakes Advisory Committee on the Wednesday preceding the meeting. 7 After all persons have been heard, the presiding officer will ask twice whether there are any other persons in attendance who want to be heard on the matter pending. If there is no other testimony, the presiding officer requests a motion. There are two 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 City Staff and Commissioners, 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 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. 8 The Lakes Advisory Committee addresses the subject matter through deliberation. The Lakes Advisory Committee may ask questions of the Staff. If the public hearing has been closed Commissioners 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. The presiding officer will call upon each member of the Lakes Advisory Committee for their comments and reaction to information received from the Staff presentation or public hearing comments. 9 If the public hearing has been closed, rather than continued until a date certain, the Lakes Advisory Committee may take action on the subject matter. 407: VOTING: All members of the Committee have equal voting authority. SECTION 500 SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee’s M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 8 activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems necessary to implement its goals and objectives. SECTION 600 AMENDMENTS 601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. M:\Advisory Bodies and Committees\Lakes Advisory Committee\Bylaws - Amended Oct 2009.doc 9