1990-09-06 Agendab
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T0: RICHFIELD CHARTER COMMISSION MEMBERS ~
FRAM: BOB DOEBLER
DATE: AUGUST 22, 1994
Tr~ere gill be a meeting of the Richfield Charter Commission an
Thursday Sept 6, 1990 at 7:00 F.M. at the Richfield City Hail. The
gender-neutral revision of the Charter has been reviewed by the
City Attorney and minor changes have been inserted. V~Te must
review these changes and if accepted, the revision will come
t~efore the City Council again in September.
A copy of the changes t~ the Charter as submitted ~ the Council
by the City Attarney is ~ttaehed.
New members of the Charter Commission will be introduced at
this meeting. Be sure you call me if you are not able to attend
this meeting at $69-053$.
bob Doebler
President
Richfield Charter Commission.
AGENDA FOR THE.
RICHFIELD CHARTER COMI~IISSION I~IEETING
SEPTfiMBER 6, 1990 7:00 F'.M.
RICHFIELD CITY HALL
Gali to Order
2. Introduction of new members
3. Review of Attorney's recommendations to Charter changes
4. Old business
~. New business
f~. Adjournment
r ~ M~a,_~
BILL NO.
AN ORDINANCE AMENDING THE CITY
CHARTER OF THE CITY OF RICHFIELD
City of Richfield Does Ordain:
The City Charter of Richfield is hereby amended in the following respects:
I. Section 2.04 is amended to read as follows:
See. 2.04. Incompatible Offices. No member of the Council shall be
appointed City Manager, nor shall any member hold any paid municipal office of
employment under the City; and until one year after the expiration of the
member's term as Mayor or eet~-Re~re~ Council Member, no former member shall
be appointed to any paid appointive office or employment under the City which
were increased during his the Council Member's term in office °- --••-°='---.
II. Section 2.05 is amended to read as follows:
Sec. 2.05. Vacancies in Council. A vacancy in the Council shall be
deemed to exist in case of the failure of any person elected thereto to qualify on or
before the date of the second regular meeting of the new Council, or by reason of
death, resignation, removal from office, removal from the City, continuous
absence .from the City for more than three months, or .conviction of a felony of any
such person whether before or after Otis qualification, or by reason of the failure of
any eouncilmea member without good cause to perform any of the duties of the
membership in the Council for a period of three months. In each such case the
Council shall, by resolution, declare a vacancy to exist and shall forthwith appoint
an eligible person to fill the same until the next regular municipal election, when
the office shall be filled for the unexpired term. If the Council shall be unable to
agree on an appointee to fill the vacancy within thirty (30) days, the Mayor shall
appoint a person to fill such vacancy.
III. Section 2.06 is amended to read as follows:
Sec. 2.06. The Mayor. The Mayor shall be the presiding officer of the
Council, except that the Council shall choose from its members a president pro
tem who shall hold office at the pleasure of the Council and shall serve as
president in the Mayor's absence and as Mayor in case of the Mayor's disability or
absence from the City. The Mayor shall have a vote as a member of the Council.-
l~Ir and shall exercise all powers and perform all duties conferred and imposed upon
h~ttr ththe office by this Charter, the ordinances of the City and the laws of the
State. i4t The Mayor shall be recognized as the official head of the City for all
ceremonial .purposes, by the courts for the purpose of serving civil process, and by
the governor for the purpose of martial law. i~ The Mayor shall study the
operation of the City Government and shall report to the Council any neglect,
dereliction of duty, or waste on the part of any officer or department e€ in the
City. In time of public danger or emergency he the Mayor may, with the consent
of the Council, take command of the police, maintain order and enforce the law.
IV. Section 3.01 is amended to read as follows:
Sec. 3.01. Council meetings. On the first business day of January
following a regular municipal election, the Council shall meet at the usual place
and time for the holding of .Council meetings. At this time the newly elected
Members of the Council shall assume their duties. Thereafter the Council shall
meet at such times each month as may be prescribed by ordinance or resolution.
The Mayor or any two Members of the Council may call special meetings of the
Council upon at least twelve hours notice to each Member of the Council. Such
notice shall be delivered personally, to each Member or s~ra~l be left at leis the
Member's usual place of residence with some .responsible person. All meetings of
the Council shall be public, and any citizen shall have access to the minutes and
records thereof at all reasonable times.
V. Section 3.02 is amended to read as follows:
Sec. 3.02. Secretary of the Council. The City Clerk shall act as
secretary, of the Council: -H~ and shall keep a journal of Council proceedings and
such other records and perform such other duties as may be required by this
Charter or as the Council may require. The Council may choose such other
officers and employees as may be necessary to serve at its meetings. In the
absence of the City Clerk, the Council may designate any other official or
employee of the City (except the City Manager or a Member of the City Council)
to act as secretary of the Council.
VI. Section 4.05 is amended to read as follows:
Sec. 4.05. Nomination Petitions.
voters of the City of Richfield, hereby
residence is
to be voted for at
day of ,
election to be held on the day of
We, the undersigned registered
nominate , whose
for the office of
the grimary election to be held on the
19_, and/or the regular municipal
19 ,and we individually
certify that we are qualified registered voters and that we have not signed more
nomination petitions of candidates for this office than there are persons to be
elected thereto.
Name Street and Number
being duly sworn, deposes and says that he
or she is the circulator of the foregoing petition paper containing
signatures, and that the signatures appended thereto were made in his or her
presence and are the signatures of the persons whose names they purport to be.
Signed:
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Subscribed and sworn to before me this day of , 19_
Notary Publ
This petition, if found insufficient by the City Clerk, shall be addressed to
at
(address).
I hereby indicate my willingness to accept the office of
if elected.
Signed:
VII. Section 4.06 is amended to read as follows:
Sec. 4.06. Withdrawal of Candidate. Any person whose name has been
presented in the manner provided for in the foregoing section as a candidate may,
not later than 12 O'clock noon on the day after the last day for filing, cause his or
her name to be withdrawn from the nomination by filing with the City Clerk a
request to do so in writing, and no name so withdrawn shall be printed upon the
ballot.
VIII. Section 5.06 is amended to read as follows:
Sec. 5.06. Filing of Petition and Action Thereon. All the signature
papers shall be filed in the office of the City Clerk as one instrument. Within five
days after the filing of that petition, the City Clerk shall ascertain by examination,
the. number of registered voters whose signatures are appended thereto and
whether this number is at least five percent of the total number of registered
voters at the time of the last regular election. If he-~ir-ds the petition is found to
be insufficient or irregular, ~ the City Clerk shall at once notify one or more of
the sponsoring committees of that fact certifying the reasons for iri9 the findings.
The committee shall then be given thirty (30) days in which to file additional
signature papers and. to correct the petition in all other particulars. If at the end
of that period the petition is found to be still insufficient or irregular,-~~
it shall be filed by the City Clerk in the
City Clerk's office and each member of the committee shall be notified of that
fact by the City Clerk. The final findings of the insufficiency of irregularity of a
petition shall not prejudice the filing of a new petition for the same purpose, nor
shall it prevent the Council from referring the ordinance to the voters at the next
regular or special election.
IX. Section 6.01 is amended to read as follows:
Sec. 6.01. The City Manager. The City Manager shall be the chief
executive and head of the administrative branch of the City Government:~e and
shall be chosen by the council solely on the basis of iris training, experience, and
administrative qualifications. ire The City Manager need not be a resident of the
City or State at the time of iris appointment, but during iris tenure of office, ire
shall reside within the City. The City Manager shall be appointed for an indefinite
period and may be removed by the council at any time; but after `_ `== __-:-_'_
servin as Manager for one year, ate the Manager may demand written charges and
a public hearing before the date of h-is final removal takes effect. Written charges,
if demanded, shall be furnished a reasonable time before the public hearing. After
such hearing, if one is demanded, the council shall have unlimited discretion either
to reinstate the Manager or make ltis removal final. Pending such hearing and
removal, the council may suspend the Manager from office. The council may
designate some properly qualified person to perform the duties of the Manager
during ~s the Manager's absence, disability, suspension, or while the office of the
Manager is vacant.
X. Section 6.02 is amended to read as follows:
Sec. 6.02. Powers and Duties of the City Manager.
Sub. 1. Subject to the provisions of this Charter, any council
regulations consistent therewith, and any other applicable laws, the City Manager
shall control and direct the administration of the City's affairs. l~ The City
Manager shall have the powers and duties set forth in the following subdivisions:
Sub. 2. lit The City Manager shall see that this Charter and the laws,
ordinances, and resolutions of the City are enforced.
Sub. 3. The City Manager shall appoint and remove, upon the basis of
merit and fitness and subject to applicable civil service provisions, if any, the City
Clerk, all heads of departments and all subordinate officers and employees in the
departments. The Director of Public Safety, having administrative and supervisory
control over the police and fire divisions of the Department of Public Safety, is not
under the jurisdiction of the police and fire civil service commission of the City.
Appointments or removal of department heads shall be made final only upon a
majority vote of the Council. (Bill 1981-35) 12/28/81
Sub. 4. lle The City Manager shall exercise control over all
departments and divisions of the City Administration created by this Charter or by
the Council.
Sub. 5. 1~It The City Manager shall recommend to the Council for -
adoption such measures as he or she may deem necessary for the welfare of the
people and the efficient administration of the City's affairs.
Sub. 6. i~Fe The City Manager shall attend all meetings of the Council
with the right to take part in the discussion, but not to vote; but fit may not attend
any meetings at which the. Council is considering his or her dismissal.
Sub. 7. ~ The City Manager shall keep the Council fully advised as to
the financial condition and needs of the City, and ~ shall prepare and submit to
the Council the annual budget.
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Sub. 8. I•k The City Manager shall prepare and submit to the Council
for adoption an administrative code incorporating the details of administrative
procedure, and from time to time lie shall suggest amendments to such code.
Sub. 9. i~t The City Manager shall perform such other duties as may
be prescribed by this Charter or by law or required e€-~ifrr by ordinance or
resolutions adopted by the Council.
XI. Section 7.05 is amended to read as follows:
Sec. 7.05. Preparation and Submission of Annual Budget. The City
Manager shall, at a special budget meeting of the Council on or before the first
Tuesday of September, submit to the. Council a budget and an explanatory budget
message in a form and manner as prescribed in Section 7.06. For such purpose and
at such date as he or she shall determine, the City Manager shall obtain from .the
head of each department the character, object, and details of proposed
expenditures together with such other supporting data as he or she may request,
including an estimate of all capital projects or capital expenditures which each
department head considers should be undertaken in his or her department for the
budget year and the next five years. In preparing the budget the City Manager
shall review the estimates, shall hold hearings thereon, and may revise estimates as
he or she may deem advisable.
XII. Section 7.06 is amended to read as follows:
Sec. ?.06. Form of Annual Budget. The budget shall provide a complete
financial plan of all funds for the budget year, which shall include: (s) A budget
message, (b) A general summary, (c) Detailed estimates of all anticipated revenues
applicable to proposed expenditures, and ~ [d All proposed expenditures. The
proposed expenditures shall not exceed the proposed revenues. The expenditures
for general and special revenue funds shall be by organization unit or activity and
shall be in parallel .columns opposite the character and major or minor object of
expenditure showing the amount of such expenditure for the last completed fiscal
year, the amount estimated for the current budget year, and the proposed
expenditures for the_ ensuing budget year. In funds other than general and special
revenue, the proposed expenditures shall be presented in an understandable manner
according to the discretion of the City Manager. The City Manager shall submit a
detailed statement of revenues in columns for the general and special revenue
funds for the last completed fiscal year, the amount established for the current
budget year, and the amount estimated for the next budget year. Such detail shall
include the source of miscellaneous revenues, the amount of surplus of prior year
revenues, and the amount raised by property taxes. Revenues for self-supporting
and other funds shall be presented in an understandable manner according to the
discretion of the City Manager. The explanatory budget message may be separate
but still accompanying the budget, and be in the form and contents as follows:
Budget Message -Current Operations: The budget message submitted by
the City Manager for the Council shall be explanatory of the budget, shall contain
an outline of the proposed financial policies of the City for the budget year, and
shall describe in ~eonneetion therewith the important features of the budget plan.
5
It shall set forth the reasons for the major changes from the previous year in cost
and revenue items and shall explain any major changes in financial policy.
Budget Message -Capital Improvements: As part of the budget message
with relation to proposed expenditures for capital projects stated in the budget, the
City Manager shall include a statement of pending capital projects and proposed
new capital projects, relating to the respective amounts proposed to be raised
therefor by appropriations in the budget and the respective amounts, if any,
proposed to be raised therefor by the issuance of bonds during the budget year.
Budget Message -Capital Program: The City Manager shall also include in
the message, or attached thereto, a capital program of proposed capital projects
for the five fiscal years next succeeding the budget year, prepared by the planning
commission, if such there be, together with lris the City Manager's comments
thereon and any estimates of costs prepared by the department of public works or
other office or department. For the use of the planning commission in preparing
such capital program, copies of the departmental estimates of capital projects,
filed with the City Manager pursuant to Section ?.05 of this article, shall be filed
with the commission.
Attached to the budget message shall be such supporting schedules, exhibits,
and other explanatory material, in respect to both current operations and capital
improvements as the City Manager shall believe useful to the Council.
XIII. Section 7.08 is amended to read as follows:
Sec. ?.08. Enforcement of the Budget. The City Manager shall strictly
enforce the provisions of the budget as specified in the resolution. ~t The City
Manager shall not authorize or approve any expenditure unless an appropriation has
been made in the budget resolution and there is an available unencumbered balance
of the appropriation sufficient to pay the liability to be incurred. No officer or
employee of the City shall place any orders or make any purchase except for the
purpose authorized •in the budget. Any obligation incurred by any person in the
employ of the City for any purpose not in the approved budget or for any amount in _
excess of the amount appropriated in the budget resolution or in excess of available
monies in any fund of the City may be considered a personal obligation upon the
person incurring the expenditure.
XIV. Subdivision 5 of Section 7.12 is amended to read as follows:
Sub. 5. Discretionary Fund. A Discretionary Fund is established for
payment of reasonable and necessary expenses, not otherwise payable by the City,
incurred by the Mayor and Councile~ Members for the benefit of the City and its
people. Appropriations to and expenditures from this fund shall not exceed X500
per year. The Council may by resolution establish the purpose and procedures for
the making of disbursements from this fund, but disbursements made without
previous Council authorization shall be subject to audit and allowance by the
Council. (Bill 1968-16) 11/25/68
6
..
XV. Section 13.02 is amended to read as follows:
Sec. 13.02. Oath of Office. Every officer of the City shall, before
entering upon the duties of #is office, take and subscribe an oath of office in
substantially the following form: "I do solemnly swear (or affirm) to support the
Constitution of the United States and of this State and to discharge faithfully the
duties devolving upon me as (Mayor, Councils Member, City Manager, etc.) of
the City of Richfield to the best of my judgment and ability."
XVI. Section 13.03 is amended to read as follows:.
Sec.13.03. Official Bonds. The City Manager, the City Clerk, the City
Treasurer, and such other officers or employees of the City as may be provided for
by ordinance shall each, before entering upon the duties of his or her respective
office or employment, give a corporate surety bond to the City in such form and in
such amount as may be fixed by the Council as security for the faithful
performance of his or her official duties and the safekeeping of the public funds.
Such bonds may be either individual or blanket bonds in the discretion of the
Council. They shall be approved by the City Council, and approved as to form by
the City Attorney, and filed with the City Clerk. The premiums on the bonds shall
be paid by the City.
This ordinance shall be effective ninety days after its publication, subject to the
provisions of Minnesota Statutes, Section 410.12, Subd. 7.
Passed by the City Council of the City of Richfield this day of
1990.
Steven J. Quam, Mayor --
ATTEST:
Thomas P. Ferber, City Clerk --
RC160-1