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HomeMy WebLinkAboutCEC Bylaws 2017 1 CITY OF PRIOR LAKE CITIZEN ENGAGEMENT COMMITTEE BYLAWS Adopted July 24, 2017 SECTION 100: PURPOSE 101. The purpose of the City of Prior Lake Citizen Engagement Committee (the Committee) bylaws is to provide a set of operating procedures for the Committee and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Committee. Any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. SECTION 2 00: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED. A Citizen Engagement Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff and to educate and engage residents in Prior Lake city government. The members of the Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE. The duties of the Committee are as follows: 1. Engaging citizens in city projects and initiatives; 2. Serving as a liaison between the city and community on topical issues; 3. Serving as a resource for residents seeking information about the city; 4. Learning about city government; 5. Advising on matters related to parks, lakes and natural resources; 6. Making recommendations to city staff as applicable; 7. Providing feedback to staff on community issues as assigned by the City Council. 203: APPOINTMENT. The Committee shall consist of at least five (5) members and no more than nine (9) members as determined and appointed by the City Council. Said members shall serve three (3) year-terms beginning November 1 and 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 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. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in 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: COMMITTEE LIAISONS. City Council and City staff liaisons will be assigned to the Committee in the following manner: City Council Liaisons. Annually the City Council will appoint one (1) City Council member 2 to serve as Liaisons between the Council and the Committee. The role of a City Council Liaison is to act as a conduit and resource for information by and between the Council and the Committee and vice versa. The City Council Liaisons shall make periodic reports to the City Council on the activities of the Committee. The City Council Liaisons shall communicate any City Council input on a particular issue to the Committee. The City Council Liaisons 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 a City Council Liaison whether the City Council has discussed the subject under consideration and the nature of the discussion. A City Council Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A City Council Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the City Council. City Staff Liaisons. The City Manager shall designate at least one (1) City staff member to serve as a staff liaison to the Committee. 205: VACANCIES. If an appointed member of the Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, the City Council shall appoint a replacement in the following manner: 1. Solicit Applications. 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 City Council liaisons 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 City Council. The recommendation of the Screening Committee will be presented to the City Council. The City Council may accept or reject the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. 206: OFFICERS. The Committee shall elect from among its members a Chair and Vice-Chair and Secretary. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee 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 to the City Council and any directed otherwise by the City Council or Committee. 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a 3 written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 City Council to impose a three-term service limitation for all appointed positions to the Committee. 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. Upon its creation, this Committee will replace the Parks Advisory Committee, the Lakes Advisory Committee, and the Communication and Technology Advisory Committee. The term limit shall include any terms serviced on the three named committees for persons appointed to this Committee. 208: REMOVAL OF MEMBER. Any member of the Committee 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 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 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 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 • Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. 4 3. This Statement of Ethics shall be liberally construed in favor of protecting the public 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 1OA.01, Subd. 11. 2. S ervices 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. S ervices 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 there from. (Minn. Stat. Section 471.87) 306: A public official or local official elected to or appointed by a metropolitan government 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 5 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 Committee 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. 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, staff and others designated by the Committee, 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 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 6 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 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 written minutes of the meeting as approved by the Committee are the official record of the meeting. The official minutes shall be prepared and presented to the Committee at the next regularly scheduled meeting as part of the agenda packet for revision and/or approval. The text of the minutes shall consist of official Committee business conducted while the Co mmittee is in session. The Staff Liaison is re sponsible for the maintenance and filing of the minutes. 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: (1) interpreting and applying the rules of procedure and (2) recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 7 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. The Committee has the authority to request a public hearing through the City Council. 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: RESOLUTI ONS. Resolutions are normally used to reflect the Committee position on items of 8 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 Committee. SECTION 600: SCOPE OF POWERS AND DUTIES 601: POWER S AND DUTIES. The Committee shall act in an advisory capacity to the City Council and shall advise the City Council on matters identified in Section 202 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's 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. 602: SUBCOMMITTEES. The Committee may divide its membership into subcommittee, and may appoint non-members to such 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 City Council for final approval.