HomeMy WebLinkAboutTechnology Village Bylaws Revised 2016 (2)
CITY OF PRIOR LAKE
TECHNOLOGY VILLAGE BYLAWS
Amended October 29, 2012
Amended January 20, 2015
Amended January 11, 2016
Amended February 08, 2016
SECTION 100
PURPOSE
101. The purpose of the City of Prior Lake Technology Village Bylaws is to provide a set of operating
procedures for the Technology Village Board of Directors, and to establish a code of ethics and
conduct.
102: The Bylaws shall be reviewed annually by the Technology Village Board of Directors. Changes
or amendments to the Bylaws agreed to by a majority vote of the Directors at any time may be
recommended to the City Economic Development Authority (“EDA”) for final approval.
SECTION 200
STRUCTURE OF BOARD
201. BOARD CREATED: The EDA will appoint a minimum of five (5) and a maximum of nine (9)
members to the Technology Village Board of Directors based on recommendations received
from the Technology Village subcommittee and the EDA. The Technology Village Board of
Directors shall include a minimum of one (1) member of the EDA.
The Technology Village Board of Director members initially shall be appointed for staggered
terms of one, two and three years beginning on November 1 and ending on October 31; and
thereafter upon expiration of the initial term for three (3) year terms. The EDA member(s)
appointed to the Board shall serve terms that coincide with their EDA term of office.
The members of the Technology Village Board of Directors shall annually elect officers in
accordance with the procedures of paragraph 205 herein.
202. DUTIES OF THE BOARD: The Board shall act in an advisory capacity to the EDA and shall
advise on matters related to Technology Village as identified herein, or as assigned to the Board
by the EDA.
The duties and responsibilities of the Board include:
1. Plan and formulate policy to guide the programming and direction of the Technology
Village program;
2. Assist in the hiring of the Executive Director position;
3. Assist in screening prospective incubator clients; and
4. Ensure the overall financial viability of the program.
5. Serve as a liaison between city government and the community;
6. In conjunction with EDA members or City staff, introduce potential or new business
representatives to others in the commercial community.
Board members should have the ability to provide network connections that will assist the
program’s Executive Director in creating links to investment and professional resources that
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support the success of Technology Village clients. The Board will be instrumental in promoting
Technology Village in the community and generating awareness and understanding of the
Technology Village program.
203. APPOINTMENT: The Board shall consist of a minimum of five (5) and a maximum of nine (9)
members as determined and appointed by the EDA. Only residents of the City who are at least
18 years old shall be considered for appointment. Said members shall serve three (3) year -
terms beginning November 1st and ending October 31st. The Board shall consist of a minimum
of one (1) member of the EDA and a number of residents, business owners, or other interested
parties. Non-Prior Lake residents who are affiliated with a business located within the City of
Prior Lake or are affiliated with an organization which provides assistance to Technology Village
clients may be appointed; no more than 25% of Board members shall be non-Prior Lake
residents. Board members may serve additional terms upon approval by the EDA, based upon
satisfactory attendance and participation, and in accordance with the term limit policy
established herein. Board members may be appointed at any time throughout the year. If a
Board member is appointed at any time other than the standard City appointment process in
October, the Board 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. In addition to
the appointed members, the City Manager or designee, the City Finance director or designee,
and the Executive Director shall be ex-officio members of the Board and shall have the right to
participate in all discussions but not the right to vote.
204. VACANCIES: If an appointed member of the Board resigns, is terminated, reaches a term limit,
or otherwise vacates a seat of the Board, the EDA 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. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the EDA liaison to the Board,
the staff liaison to the Board, and one member of the Board appointed by majority vote of
the Board 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.
205. OFFICERS: The Technology Village Board of Directors 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
Board and the City Finance Director or his/her designee shall serve as the Treasurer of the
Board.
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 elected 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.
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3. Secretary: The Secretary shall be responsible for recording and compiling a written
summary of all official activities of the Board.
4. Treasurer: The Treasurer shall receive and is responsible for all Technology Village
money; shall keep an account of the source of all receipts, and the nature, purpose and
amount of all disbursements; and shall file the Technology Village’s detailed financial
statement with its secretary at least once a year at times set by the EDA.
5. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Board 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.
206. TERM LIMIT It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions to the Technology Village Board of Directors. The term limit
applies only to full three 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.
207: REMOVAL OF MEMBER: Any member of the Technology Village may be removed from office
by a four-fifths (4/5) vote of the entire EDA 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 materials; (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.
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.
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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: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A
(adopted as the Ethics in Government Act) 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 gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any other
favor or thing, regardless of value, from any interested person except as follows:
1. a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
2. services to assist an official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection with
legislation, and services to constituents.
3. services of insignificant monetary value.
4. a plaque or similar memento recognizing individual services in a field of specialty or to a
charitable cause.
5. a trinket or memento costing $5 or less.
6. informational material of unexceptional value.
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.
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 organizations or public
officials, if a majority of the dues to the organization 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 offered to all
other attendees.
9. received in exchange goods or services of equal value.
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 off icial'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:
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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 Board member shall orally inform the Board 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 Board 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 Board, staff and others designated by the Board, 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 Board may be called by the Chair or any two (2)
members of the Board 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 Board. Notice of a special meeting shall be provided 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 Board agenda packet. The information provided by staff should
serve to inform the Board 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
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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 Board 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 Board Members after their vote on each motion.
The official minutes shall be prepared and presented to the Board at the next regularly scheduled
meeting as part of the agenda packet. The text of the minutes shall consist of official Board
business conducted while the Board 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 Board 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. Board
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 Board meeting.
2. The approved minutes of the past twelve months of Board 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.
406: ROLES AT MEETING:
1. All meetings of the Board 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 Board helps to develop a more enlightened, interested and participatory citizenry.
2. Any Board member may recognize a member of the public for the purpose of asking
question(s) relating to the matter under consideration by the Board. Members of the Board
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 Board 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
Board meetings, Board 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
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the Staff Liaison to attempt to bring the additional information to the Board 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 Board 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 Board.
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 Board 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 Board. 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 Board, 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 Board 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 Board 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, which will not exceed ten (10) minutes unless approved in advance by the City
Council
4. At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding
officer asks the Board members if they have questions of the staff or consultant.
5. The presiding officer requests a motion and second from a member of the Board 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 Board orally for up to seven (7) minutes each. This timeline will apply to
all persons addressing the committee for any reason. If the speaker intends to present
written or hard copy materials to support their presentation to the Board, they must
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provide the staff, at the time of their presentation or before, seven (7) copies of the
original for distribution to Board 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
Board, 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 Board meeting. The comments and materials will be distributed to Board
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 Board 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 Board as part of their Board
agenda package. The audio or visual communication may be used by individual Board
members in preparation for the Board meeting, but will not be played during the
meeting. The presentation and the summary will become a part of the public record.
Generally, Board agenda packages are distributed to members of the Board 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 Board is going to deliberate and that the Board 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.
8. The Board addresses the subject matter through deliberation. The Board may ask
questions of the staff and City Attorney. Board 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 Board, 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
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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 Board
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 Board 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 Board is absent during a
vote, the member’s vote for the official minutes shall read as “absent”.
SECTION 500: MOTIONS AND RESOLUTIONS
501: The Board 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 Board 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 Board 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 Board 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 Board position on item s 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 Liaison will maintain a
record of all resolutions and will be responsible for the proper numbering and execution of each
resolution adopted by the Board.
SECTION 600
SCOPE OF POWERS AND DUTIES
601: POWERS AND DUTIES: The Board shall act in an advisory capacity to the EDA and shall advise
on EDA matters identified in Section 100 and Section 200 or as assigned to the Board by the
EDA. The Board Chair shall give an accounting of the Board’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 Board upon approval of the EDA.
602: SUBCOMMITTEES: The Board 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 Board annually. The Board may
recommend revised bylaws to the EDA for final approval.
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