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HomeMy WebLinkAbout2011-08-15 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION August 15, 2011 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. July 18, 2011 5. New Business a. New Commissioner Introduction and Orientation b. Wakefield Lake Experimental Storm Water Treatment Basin 6. Unfinished Business a. Green Building Code Update b. Renewable Energy Ordinance 7. Visitor Presentations 8. Commission Presentations a. 2011 Working Group/Subcommittee Reports 1) Trash Hauling 2) Greenways 3) Neighborhood Environmental Groups 9. Staff Presentations a. Taste of Maplewood (Friday and Saturday, August 19 and 20, 2011) b. Shore land/Wetland Ordinance Update c. Gladstone Savanna Master Plan d. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, July 18, 2011 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:02 p.m. by Chair Schreiner. B. ROLL CALL Bill Schreiner, Chair Randee Edmundson, Vice Chair Judith Johannessen, Commissioner Carol Mason Sherrill, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Present Staff Present Shann Finwall, Environmental Planner City Council Liaison Present: Kathleen Juenemann C. APPROVAL OF AGENDA Staff suggested changirigtbe ordetpf Business having the Renewable Energy Ordinance before the Shoreland/Wetland Ordinance. Commissioner Trippler moved t6 approve the aqenda as amended. Seconded by Commissioner Edmundson. Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Trippler moved to approve the June 20. 2011. Environmental and Natural Resources Commission Meetinq Minutes as submitted. Seconded by Commissioner Johannessen. Ayes - All The motion passed. E. NEW BUSINESS None. July 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 1 F. UNFINISHED BUSINESS 1. Renewable Energy Ordinance i. Environmental Planner, Shann Finwall gave an update on the Renewable Energy Ordinance and answered questions of the commission. ii. ENR Liaison and City Councilmember, Kathleen Juenemann addressed the commission and discussed changes proposed to the ordinance. The commission reviewed the following changes to the ordinance: . Allow wind turbines in residential zoning districts with neighborhood consent. . Require that all commercial wind turbines requiring a CUP come before the ENR Commission in addition to the Planning Commission and City Council. . Placement of wind turbines should be clarified for commercial turbines, some businesses might not have a rear or side yard. . Minimum setback for a wind turbine to residential should be the height of the turbine plus 25 feet. . Colors allowed on wind turbines have the minimal impacts on birds and bats. . Commercial wind turbines should with a shut off mechanism during high bird migration pgtiods. The commission approved the changes and requested the ordinance be brought before the commission one last time to review research on the proposed shut off mechanisms. 2. Shoreland/Wetland Ordinance i. Environmental Planner, Shann Finwall gave the report on the Shoreland/Wetland Ordinance and answered questions of the commission ii. ENR Liaison, City Councilmember, Kathleen Juenemann addressed the commission. Staff reviewed major changes made to with the State's draft Shoreland Rules. Staff will invite a representative of the Minnesota DNR to speak to the commission on the draft rules and how Maplewood should proceed with our Shoreland ordinance update. G. VISITOR PRESENTATIONS 1. Barbara Swan, 2932 Lake Boulevard, North St. Paul. Ms. Swan expressed concerns with the proposed trail improvements near the wetland in Joy Park. Ms. Swan presented pictures of debris and activities taking place near the wetland. She is concerned these activities may increase with a trail in the area and also about environmental impacts the trail will have on the wetland. Members of the commission asked questions of Ms. Swan and suggested that a trail in the area might actually bring in visitors that would be there to appreciate the wetland and nature, which could alleviate the undesirable activities currently taking place. They also mentioned that the trail meets the city's wetland ordinance as a public trail within the buffer and that the Watershed District and City staff reviewed the trail and are taking measures to mitigate any negative impacts. The Commission suggested that Ms. Swan July 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 2 also take up her concerns with the Parks Commission also. The City Council is will review the Joy Park improvements on August 8, 2011. H. COMMISSION PRESENTATIONS 1. 2011 Working Group/Subcommittee Reports a) Trash Hauling - The Trash Collection RFP drafted by the Trash Hauling Working Group was approved by the City Council on July 11, 2011. Proposals are due August 19, 2011. A pre-proposal meeting is scheduled for August 21, 2011. b) Greenways - Commissioner Schreiner asked if property lines were surveyed prior to the Beaver Creek restoration project. He noted that there were areas of sod that were killed with the weed spraying associated with the project. He asked staff to consult with the Natural Resource Coordinator on this matter. c) Neighborhood Environmental Groups - The group is focusing on creating a website and flyers to give people resources to start a neighborhood environmental group. I. STAFF PRESENTATIONS 1. Chicken Ordinance Update - The chicken ordinaggewas adopted by the City Council on July 11, 2011. It will go into effect once it's publi:jl1iiiqpn August 3, 2011. 2. Recycling in the Parks Update - The the parks. All Maplewood parks will have the first year of recycling in the parks Will be next year. deliv'etgd the rest of the recycling bins for bins within the next few weeks. Results of back to the Commission for review early 3. Commission Appointments - One opening is available on the ENR Commission. City Council interviews with the applicants will be held Monday, July 25, 2011. 4. City Dump Update - At the last ENR meeting the city dump was discussed. There is funding in the budget for assessments of the Response Action Plan that was approved by the MPCA years ago. Since the original Response Action Plan is over ten years old, City staff will schedule a meeting with MPCA representatives to discuss next steps in completion of the plan. 5. National Night Out (Tuesday, August 2, 2011) - Staff invited Commissioners to help distribute recycling bins and environmental literature to National Night Out parties. Commissioners Mason Sherrill, Edmundson, and Johannessen volunteered to assist. 6. Taste of Maplewood (Friday and Saturday, August 19 and 20, 2011) - The Taste of Maplewood will be held at Goodrich Park on August 19, 4 to 10 p.m. and August 20, noon to 10 p.m. Staff has met with vendors to discuss reduced waste and recycling at the event. 7. Maplewood Nature Center Programs - Staff mentioned some of the upcoming programs held at the Maplewood Nature Center. You can find more information on the city website or by calling 651-249-2170. J. ADJOURNMENT Chair Schreiner adjourned the meeting at 8:58 p.m. July 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 3 Agenda Item 5.a. Environmental and Natural Resources New Member Orientation Date Revised: August 11, 2011 INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources (ENR) Commission. It is intended to assist new commissioners and serve as an update to existing commissioners. ORIENTATION Origination of the ENR Commission In 2004 the Maplewood City Council created the Environmental Committee, formed as an ad- hoc committee responsible for advising the City Council and other commissions and boards on matters relevant to the environment including recycling, solid waste, environmental education, water resources, wetlands, and storm water management. On September 11, 2005, the City Council adopted the ENR Commission ordinance, which changed the committee into a full commission. ENR Commission Purpose/Objective The ENR Commission was formed to establish environmental priorities and to propose changes necessary to existing environmental ordinances which ensure that the city's environmental assets are protected, preserved, and enhanced. Attached is a copy of the ENR Commission ordinance that describes the ENR Commission's purpose/objective (Attachment 1). Agenda Packets City staff will prepare an ENR Commission agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes from previous meetings, and staff reports for each agenda item. City staff mails or delivers the packets to the ENR Commissioner's homes so they receive them the Friday before the meeting. ENR Commissioner Responsibility Each commissioner should review the staff reports and visit the properties, if applicable, to form an opinion of the project and become familiar with the proposal or item before the meeting. Meetings Meeting Dates: The 3rd Monday of each month. Starting Time: 7:00 p.m. Meeting Location: City Council chambers at Maplewood City Hall, 1830 E. County Road B 1 Quorum: A simple majority of the current membership of the commissioners shall constitute a quorum. Cancellations/ Rescheduling: Staff will inform the ENR Commission of meeting cancellations or rescheduling. Meetings are canceled when we cannot get a quorum or if there are no items to review. Officers: A chairperson and vice chairperson shall be elected at the first ENR Commission of the year and will serve until their successors have been elected the next year. City Council Meetings: The chair will represent the ENR Commission at each City Council meeting where an ENR Commission item is on the agenda. The Chair will present the Commission's recommendations and answer questions from the City Council regarding the decision. If the chair is unavailable to attend the City Council meeting, the chair will appoint a representative from the Commission. Commission Handbook The City Council adopted a Commission Handbook in 2009 which outlines the City Council's policies on commission responsibilities, parliamentary procedures, commission appointments and reappointments, etc. (Attachment 2). Rules of Procedure The ENR Commission ordinance allows the commission to adopt its own rules of procedure to be reviewed and approved by the City Council. On March 8, 2010, the City Council adopted the ENR Rules of Procedure (Attachment 3). The rules cover specific items pertinent to this commission including an outline for each agenda, temporary committees, and additional responsibilities of the chair and vice chair, etc. ENR Annual Report The ENR Commission ordinance does not require an annual report, but it is good practice to update the City Council yearly on the commission's achievements and goals. The annual report is drafted by staff at the beginning of the year and reviewed by the commission for approval by the City Council. This takes place approximately February of each year. Community Development Department Following are contact information for Community Development and Parks Department staff you may need to contact: Chuck Ahl, Assistant City Manager/Interim Community Development Director (651) 249-2402 chuck.a hl@1ci.maplewood.mn.us Shann Finwall, AICP, Environmental Planner (651) 249-2304 shann. finwa II@1ci.maplewood.mn.us 2 Virginia (Ginny) Gaynor, Natural Resources Coordinator (651) 249-2416 virQinia .Qaynor@ci.maplewood.mn.us Ann Hutchinson, Lead Naturalist (651) 249-2172 ann .hutchinson@ci.maplewood.mn.us Andrea Sindt, Administrative Assistant (651) 249-2301 a ndrea .sindtl1i1ci. maplewood.m n .us City Council/Advisory Commissions and Boards Attached is a list of members, addresses, and telephone numbers for the City Council and all City commissions and boards (Attachment 4). Cablecast of ENR Meetings The City of Maplewood cablecasts ENR Commission meetings. The meetings are aired on the Government Television Network (Channel 16) live during the meetings and then re-run throughout the month. Website Streaming of ENR Meetings Live streaming and archived ENR Commission meetings are available on the City's website at www.ci.maplewood.mn.us (click on "E-Services" on the top of the page then click on "Watch Meetings on Line"). City Website The City of Maplewood has a website located at www.ci.maplewood.mn.us. The website is a good source of information for the public as well as ENR Commissioners. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming ENR Commission meetings (including packets), and ENR meeting minutes. SUMMARY The Community Development Department would like to welcome you as a new member of the ENR Commission. We look forward to working with you on working toward the protection preservation, and enhancement of the city's environmental assets. P\environ menta \environ em ental commission\orientation Attachments: 1. ENR Commission Ordinance 2. Commission Handbook 3. ENR Commission Rules of Procedure 4. City Council/Advisory Commission and Board List 3 Attachment 1 11,2006 Hall No. 06-23 1. Ordinance to Establish Full Commission Status for the Environmental Committee a. Environmental Konewko the MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. SS 462.351-462.365. (Code 1982, S 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, S 25-18) State law reference- City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. S 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, S 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice- chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources City Council Meeting 09-11-06 1 commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 S 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, S 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city's website. (Code 1982, S 25-22) Sec. 18.186. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city's environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city's environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city's environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of "sustainable practices" for city policies and procedures. (Code 1982, S 25-23) City Council Meeting 09-11-06 2 Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission's proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, S 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, S 25-26) This ordinance shall be effective on October 1, 2006. Seconded by Councilmember City Council Meeting 09-11-06 3 CITY OF MAPLEWOOD COMMISSION HANDBOOK Attachment 2 Table of Contents RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES........................3 Chapter 1: Introduction & Overview..................................................4 Purpose of Maplewood Commission Handbook..........4 Orientation of New Members .......................................4 The Function of City Commissions ..............................4 Putting Boards, Commissions, and Committees Into Context..................................................................... .5 City Council............................................................5 Boards, Commissions, Committees ........................5 Oath of Office ...............................................................5 Boards and Commissions and Membership Requirements............................................................ .6 Planning Commission.............................................6 Parks Commission..................................................6 Environmental and Natural Resources Commission........................................................... .6 Housing and Redevelopment Authority ..................6 Community Design Review Board .........................6 Historical Preservation Commission .......................7 Police Civil Service Commission........................... 7 Business & Economic Development Commission. .7 Maplewood Economic Development Authority..... 7 Other Committees and Task Forces ........................7 Description of City Departments and Divisions........... 7 City Manager..........................................................7 Citizen Services/City Clerk ....................................8 City Attorneys.........................................................8 Human Resources...................................................8 Information Technology .........................................8 Finance.................................................................. .8 Fire ..........................................................................8 Community Development and Parks ......................8 Police..................................................................... .9 Public Works..........................................................9 History of the City of Maplewood ................................9 Chapter 2: The Advisory Role...........................................................ll Role of the Chairperson and Vice Chairperson.... .... ...11 Responsibilities ofIndividual Members......................12 Staff Liaison Responsibilities..................................... .12 Relationship With City Council...................................12 Council Relationship With Advisory Bodies...............13 Term of Office.............................................................13 Signing Commission Documents/Communications... .13 Chapter 3: Commission Meetings......................................................14 Agenda....................................................................... .14 Placing Items on the Agenda ................................14 Minutes...................................................................... .14 Correction to Minutes ...........................................14 Special Meetings ........................................................14 Televised Meetings .....................................................14 Joint Meetings with the City Council .........................15 Subcommittees.......................................................... .15 Chapter 4: Parliamentary Procedure................................................16 Quorum....................................................................... .16 Voting Procedure........................................................ .16 Motions....................................................................... .16 Legal Issues................................................................ .17 The Open Meeting Law........................................ .17 Conflict of Interest................................................ .18 Other Legal Issues.................................................18 Frequently-Asked Legal Questions........................19 Chapter 5: Helpful Advice.................................................................20 Criteria for Effectiveness.............................................20 Special Tips for New Commissioners.........................20 Working with City StafL...........................................20 Dealing with the Media...............................................21 Chapter 6: Commission Policy Guidelines........................................22 Recruitment Policy......................................................22 Appointments............................................................. .22 Role of Commissions................................................. .22 Appointment of Chair and Vice Chair.........................22 Responsibilities of Commission Members..................22 Quorum....................................................................... .23 Qualifications............................................................. .23 Decorum and Order.....................................................23 Public Hearings......................................................... ..23 Special Meetings........................................................ .24 Communication with the City Council........................24 City Council Relationship with City Commissions/Boards.............................................. .24 Communication with Other Agencies and Groups .....24 Role of the Staff Liaison .............................................24 Appendix..........................................................................25 Sample Agenda.......................................................... ..26 Sample Minutes...........................................................27 Rosenberg's Rules of Order........................................ .28 Text of the Open Meeting Law....................................36 Minnesota Open Meeting Law (House Research Information Brief) ...................................................48 Official Conflict of Interest (LMC Information Memo) .................................................................... .61 2 RESOLUTION NO. 09-_, SERIES 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES WHEREAS, the City Council utilizes commissions to serve in an advisory capacity and provide in-depth review and consideration on subject matters within their jurisdictions; and WHEREAS, city commissions are appointed by the City Council and serve as legislative bodies for the city of Maplewood, which must be governed appropriately as befitting their public nature; and WHEREAS, the City Council amended the Commission Policy Guidelines on July 27, 2009; and WHEREAS, there was a need to update and provide current information; and WHEREAS, a Commission Handbook was written to provide general information, rules, policies, and state statutes for commission members. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby adopts the Commission Handbook as its amended Commission Policy Guidelines. PASSED AND ADOPTED by the Maplewood City Council on this 27th day of July, 2009, by the following vote: Ayes: Mayor Diana Longrie, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach Nays: Councilmember Erik Hjelle Absent: NONE /s/ Mayor ATTEST: /s/ City Clerk 3 Chapter 1: Introduction & Overview Boards, commissions and committees (referred to collectively as "city commissions") have a critical role in the city of Maplewood. As a commissioner, you serve as a conduit for citizen input - a way of gathering, analyzing and recommending options to the City Council, which has the final responsibility for making policy decisions. City staff provides professional and technical expertise. Commissions provide another important avenue for determining the community's feelings about an issue. The individuals who serve on the city's commissions are among the most respected and appreciated volunteers in the community. Purpose of Maplewood Commission Handbook Minnesota law gives city councils the power to create advisory commissions and appoint their members. 1 The City of Maplewood prepared this commission handbook to assist commissioners by outlining accepted practices and clarifying expectations. \Vhile attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide commissioners in their actions. This commission handbook provides a summary of important aspects of commission activities. However, it cannot incorporate all material and information necessary for undertaking the business of commissions. Many other laws, plans and documents exist which bind the commissioners to certain courses of action and practices, most notably those requirements imposed by State statute on groups like the Planning Commission2 and the Police Civil Service Commission3, and the Maplewood City Code. As a policy and practical matter, wherever a conflict between the City's policies herein and the requirements under state law may be found, the State's position shall prevail. Orientation of New Members It is important that new members of commissions gain an understanding of the full range of services and programs provided by the city. Staff liaisons will provide new commission members with the opportunity to tour city facilities and provide background information on issues facing the commission. They will also make commission members aware of relevant training opportunities and provide basic skills training regarding meetings, policy, procedure, and duties. The Function of City Commissions Here is a brief summary of how city commissions serve the democratic process in the city of J\1aplewood: . Hold public meetings and use other means to determine what the community thinks about issues; . Recommend policies and procedures related to their respective fields to the City Council; . Serve as intennediary between the public, city staff and the City Council by providing infonnation, explanation, and support for different points ofview; . In specific instances, such as the Planning and Police Civil Service Commissions, make critical determinations pursuant to State Statute; . Make non-binding recommendations on issues, applications, and other policy matters as directed by the Maplewood City Councilor required by law. J\hnn Stat <S 412111 gives statutory cities the authority to create advisory boards in general, "as deemed necessary for the proper management and operation of city affairs." 2 3 4 Putting Boards, Commissions, and Committees Into Context The city of Maplewood is a statutory "Optional Plan B,,4 city, incorporated in 1957. Maplewood uses a Council- Manager form of government The City Council serves as the legislative body, sets policies and procedures, and represents the citizens of Maplewood. The City Manager, who serves at the will of the City Council, carries out the Council's direction and is the chief administrative officer for the city. city Council The Maplewood City Council, the governing body of the city, is made up of four councilmembers and a mayor. These otlicials are chosen through non-partisan elections and serve "at large," representing the whole city. The City Council is accountable to the citizens it serves. City elections are held in odd-numbered years. Depending on the number of candidates who file, there may be a primary in September as well as the general election in November. Councilrnernbers and the mayor serve four-year terms. Two council members and the Mayor are elected in one election and two council rnem bers in the next election. The City Council formulates policy, approves programs, appropriates funds, and establishes local taxes and assessments. Decisions of the City Council are reached by a majority vote, unless a greater majority is required by law. The City Council enacts local laws (ordinances) and regulations for governing of the city. The local ordinances adopted by the City Council are compiled in the municipal code. Other City Council directives and policies are recorded in resolutions or council minutes. The Maplewood CIty CouncIl holds regular meetmgs on the second and fourth Monday of each month, at 6:30 p.m. in the Council Chambers at City Hall.s Copies of the agenda are available 72 hours before the meetings at the City Clerk's office, plus various other locations and on the City's Website, City Council agendas may be em ailed to individuals by subscription. City Council and commission agendas with staff reports attached can also be viewed on the city web page. Boards, Commissions, Committees The City of Maplewood currently has seven active advisory groups categorized as boards and commissions (referred to collecl1vely as "CIty CommIssIons"). The CouncIl has also trom I1me to I1me appomted task forces and ad hoc committees for specific issues and determined lengths of time. Each has a specific focus and serves to make recommendations to the City Council on issues related to that specific field. Members of commissions are volunteers who are appointed by the City Council and serve at the pleasure of the City Council. Commissioners must be residents of the city of Maplewood. Council may, under very special circumstances and unless prohibited by State law or City ordinance, determine that a person living outside the Maplewood city limits may be appointed to a board or commission because that person's expertise would enhance a particular commission. City Council may also decide to appoint ex-officio members without voting privileges. A member of the commission should be knowledgeable and experienced in the areas of interest of the board/commission on which he/she wishes to serve. Membership should be based on willingness to be objective, open-minded, and to seek solutions and promote harmony in the community. In some cases membership selection is based on specific educational or professional criteria as called out by City Ordinance. The City Council reviews applications, conducts interviews for positions on the various Commissions, and ultimately selects the members. Oath of Office Pursuant to State Statute, S all elected or appomted ottiClals must swear an oath of ottice pnor to conducting or participating in any business of the commission or board. A signed copy of the oath is filed with the office of the City Clerk 6 4 Statutory cities are covered by of Minnesota Statutes. 5 See the current City of Maplewood Rules of Procedure for City COllllCil and COllllCil Meetings for additional information about COllllCil meetings and policies. 6 5 The Oath of Office is as follows: !, [name], do solemnly swear that! will support the Constitution of the United States and of the State of Mmnesota and fmthfully dIscharge the duties of the ottice of [name of ottice] m the CIty of Maplewood, m the County of Ramsey and the State of Minnesota, to the best of my judgment and ability. So help me God. Boards and Commissions and Membership Requirements This list briefly describes each city commission. All commissions are subject to the state conflict of interest rules and must refrain from participating on matters in which the commissioner has an economic interest or other disqualifying interest, such as personal, familial relationships.7 Planning Commission The Planning Commission has nine members who serve three-year terms, and is the City of J\1aplewood's planning agency.8 Members are citizens and cannot be elected officials. Its duties are to prepare and recommend a comprehensive plan for the development of the city and to review zoning and land use matters like comprehensive plan amendments, rezoning requests, zoning variances, property subdivisions, right-of-way vacations, conditional use permits, and home occupation requests. Parks Commission The Maplewood Parks and Recreation Commission is a nine-member, volunteer advisory board consisting of Maplewood residents committed to promoting parks and recreation issues. Commission members serve three-year terms. The commission provides recommendations to the city council on all issues of park acquisition, development, open space, trails, and leisure programs. The Parks and Recreation Commission works closely with city staff to address the mission of the department, which is to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. Environmental and Natural Resources Commission The Environmental & Natural Resources Commission consists of seven residents who serve three-year terms. The commission's purpose is to protect, preserve, and enhance the environment of the City of Maplewood. To accomplish this purpose, the commission engages in a variety of activities, from recommending ordinances to preserve and enhance the city's environmental assets, to developing educational programs, to developing and promoting the use of "sustainable practices" for city policies and procedures. Housing and Redevelopment Authority The Maplewood Housing and Redevelopment Authority (HRA)9 is a five-member advisory committee that reviews housing matters and policies for the city. Authority members serve five-year terms. Topics the HRA reviews for the city council include proposed housing related code changes or ordinance amendments, possible changes to the housing chapter of the Maplewood Comprehensive Plan, and senior or subsidized housing development proposals. Community Design Review Board The Maplewood Community Design Review Board (CDRB) has five members, each serving two-year terms. Two architects shall be appointed, if available to serve; two shall be from a related design or construction field; and at least two members shall be citizen laypersons. The CDRB reviews building design, site plans, and landscape for proposed mull1-fam!ly, commercial, and mdustnal development m Maplewood. The CDRB's goal!s to approve attractive developments in architectural design, the use of proper landscape materials, and a functional and attractive layout. 7 To learn more, refer to the League of Minnesota Cities' information memo, ()fjiciaJ Cordhct DfJl1terest 8 9 Note that Maplewood's HRA is established as an advisory body, not an HRA as defined by II/tHin Stat. ~ 46903. 6 Historical Preservation Commission The Historic Preservation Commission (HPC) is a seven member Commission, created to help the city of Maplewood with its overall historic preservation goals. To that end, two members should be in a preservation- related field and one Commissioner should be a member of the Ramsey County Historical Society. Commission members serve three year tenns. The HPC's goals include supporting the protection of the City's heritage by preserving, protecting, conserving, and wisely using the significant historical, cultural, architectural, or archeological objects, structures, buildings, and sites in the City. The City encourages broad citizen participation in historic preservation activities and has worked on such projects as the Bruentrup Farm preservation project. The Historic Preservation Commission also works closely with the Maplewood Area Historical Society. Police Civil Service Commission The Police Civil Service Commission is a three-member group responsible for overseeing selection processes for sworn officers and acting as a hearing body for discipline and discharge issues for the Maplewood Police Department in accordance with of the J\1innesota State Statutes. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has a full-time Human Resource Coordinator that serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists and review and approve background investigations for police officer candidates. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do they have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Business & Economic Development Commission The Maplewood Business & Economic Development Commission (BEDC) is an advisory commission to the Maplewood Area Economic Development Authority (EDA); the EDA itself consists of the five members of the City Council. The BEDC makes recommendations on economic development and redevelopment projects and issues to the EDA The BEDC will consist of7 members, 3 of which must be small business owners. Maplewood Economic Development Authority The Economic Development Authority, or EDA is a statutorily-authorized body organized under S 469.090 et sec. and is charged with carrying out economic and industrial development and re-development within the City and surrounding area. The Mayor and City Council make up the EDA and the City Manager serves as its Director. Other Committees and Task Forces There are city committees and task forces that are created by the Council from time to time to look at a specific issue. In addition, the city participates on boards, commissions, and committees that have been established by regional agencies or organizations to discuss issues involving the county, schools, local businesses, etc. For a list of City of Maplewood committee/agency memberships, contact the Description of City Departments and Divisions City Manager The City Manager is the chief executive officer and the head of the administrative branch of the city government. The City Manager implements policies and procedures initiated by the City Council, prepares and administers the municipal budget, advises the Council of future financial needs of the city, initiates and supervises business relationships, and directs the daily operations of city government. The City Manager is responsible for all city personnel, except the City Attorney. 7 Citizen Services/City Clerk The City Clerk is an appointed position responsible for the recording, writing, and maintaining of the records of CIty CouncIl proceedmgs. The CIty Clerk conducts munIcIpal electlOns through coordmatlOn wIth Ramsey County Elections. Citizen Services is responsible for issuing and processing city business licenses and permits, and for a full motor vehicle processing division including a Federal Passport Acceptance Agency. The Citizen Services Director is responsible for the Marketing Division which serves to foster community awareness of city events and recreation programs through marketing avenues and creates a monthly city newsletter as a means of building a strong sense of community. Citizen Services Director is also responsible for operating and maintaining a variety of services and facilities related to recreation including the Maplewood Community Center, community gyms, and local beaches. The recreation division and the Community Center provide a variety of leisure time and activities and recreational programs year- round for all ages in the northeast metropolitan area and to Maplewood residents alike. City Attorneys The City Attorneys are appointed by the City Council. The City Attorneys advise the City Council and city officers (in their official capacity) in legal matters, attend all Council meetings as appropriate, and represent the city in legal actions and proceedings. The City Attorney and members of the City Attorney's office maintain an attorney-client relationship with the city, its officers, agents, and employees, so their official communications are protected as confidential pursuant to the attorney-client privilege. The City Attorney rarely attends commission meetings but may provide counsel to staff when legal issues arise on commission matters. Human Resources Human Resources is responsible for labor and employee relations, position profiles, recruitment and selection, classification and compensation, employee training, pay equity, personnel policies and employment law, contract negotiations and administration, employee benefits, worker's compensation, grievances and discipline, performance appraisal, safety, and oversight of payroll issues related to union agreements and personnel policies. Information Technology The pnmary goal of the IT department IS to proVIde the most effective technology servIces and support possIble to the City of Maplewood staff, City Council, commissions, boards and citizens. The IT department manages the City webslte, securIty systems, phone system, mobIle technologIes, televlsmg of CIty meetmgs, GIS, and all CIty applications and workstations. All of these systems nm over the City's network which the IT department also oversees. Finance The Finance Department supports all other departments by providing financial management, accounting and treasury services. There are three documents prepared by the Finance Department for the benefit of Maplewood citizens as well as other interested parties including the State Auditors Office and bond rating agencies: the ComprehenSIve Annual Fmanclal Report, the Budget, and the CapItal Improvement Plan. Fire Maplewood Fire is a combination paid-per-call and full-time department. There are 78 paid-per-call firefighters that respond from their homes to answer approximately 3,800 medical, fire, and rescue calls per year. There are five stations with an average of 15 firefighters per station. There are also 14 full-time firefighters. Administration of the Fire Department is located at Station Two, 1955 Clarence Street. Community Development and Parks The Community Development and Parks Department is comprised of five divisions: Planning, Building Inspections, Health, Environmental and Natural Resources, and Parks 8 . The Planning Division champions the values of our community by guiding development and protecting the environment through studies and zoning controls. The City of Maplewood planning division is primarily responsible for the review and management of new developments, subdivisions, and redevelopment. The division also coordinates the preparation of the city's comprehensive plan. . The Building Inspection Division reviews plans, issues permits, and conducts inspections under the reqwrements and gwdelmes of the State Bwldmg Code. . The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging faclhties, and pubhc pools located wlthm the CIty of Maplewood. . The Environmental and Natural Resources Division works to protect the environmental features of Maplewood. This includes natural areas, trees, surface waters, waste, and the built environment. It also includes storrnwater management-related activities such as development plan review, construction site inspection, management of surface water and inspection, evaluation, and maintenance of outfalls and ponds. . The Parks Division strives to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. The Community Development and Parks Department serves as primary staff to the Planning Commission, Community Design Review Board, Housing Redevelopment Authority, Historical Preservation Commission, Environmental and Natural Resources Commission, and Parks and Recreation Commission. Police The mission of the Maplewood Police Department is to work, in partnership with its citizens, to solve problems relating to crime and the fear of crime, with an emphasis on meeting community needs. These services are also provided to the City of Landfall on a contractual basis. The Department provides paramedic services in partnership with the Maplewood Fire Department. It has an authorized strength of 55 sworn officers and has a total of 62 full-time dedicated employees who are available to provide professional community-oriented police services 24 hours a day. Public Works The Pubhc Works Department provIdes coordmal1on of the servIces afforded by live groups: Engmeermg, Street. Utility, Park Maintenance, and VehicleIFleet Management. These divisions are responsible for the design, operation and maintenance of most city roadways, sanitary sewer systems, and storm water systems. History of the City of Maplewood The recorded history of Maplewood goes back about 150 years. Before settlers arrived, the land in Maplewood was inhabited by the Dakota Indians. The landscape was a mix of scrub oak and prairie, with many marshes and lakes. In 1850, a group of families ventured out from St. Paul along an old Indian trail which is now Hazelwood Street. They were the Bells, Caseys, Conlins, and Vincents. At today's County Road C they turned to the east and began to build their log cabins. The sound of their axes alerted the nearby Dakota who quickly surrounded the homesteaders. The Dakota asked them to leave and the newcomers quickly retraced their steps. The settlers made repeated attempts to claim the land they had bought for 2 dollars an acre. But again and again they were driven back Finally, in 1853, they found that the Ojibway had pushed the Dakota out of the area. The Ojibway just wanted to hunt on the land and they didn't mind the clearing of trees. At about this same time southern Maplewood was being settled as well. In 1852, Thomas Carver began farming to the west of Carver Lake. This area, the south leg of Maplewood, later became McLean township. Northern Maplewood was included in the township of New Canada when it was formed m 1858. The first organized transportation in this area was a stagecoach line that was along present-day Edgerton Street. This line began in 1856, and it cost 10 dollars for the trip from St. Paul to Duluth. This stagecoach line remained in service until the first railroad was built to Duluth in 1870. This was the Lake Superior and Mississippi Railroad and followed the [Bruce] Vento Trail. By the 1880s the line was owned by the St. Paul and Duluth Railroad. This owner would playa big part in Maplewood's development. In 1886, the Wisconsin Central Railroad built a line that intersected with the St. Paul and Duluth Railroad. A townsite was planned at the junction of these two railroads that 9 was predicted to "rival St Paul." William and Mary Dawson platted out a town and decided to name the place "Gladstone" after William Gladstone, a popular British statesman of the time. Dawson planned to relocate his plow work business there and was able to entice the St Paul and Duluth Railroad to put its shops in Gladstone. For a time, the little village prospered. In the 1890s the town employed 1,000 workers. It had a post office, a hotel, at least two saloons, a brothel, and a population of about 150. Gladstone suffered a series of misfortunes that was its demise. First, a fire destroyed the plow works. Then the founder of the town, William Dawson, filed for bankruptcy. The last straw was when the railroad shut down the shops sometime around 1917. Gladstone became a ghost town with many people leaving or burning their houses for insurance. Trains still remained an everyday sight in Gladstone for many years after. The depot stayed in service through the 1950's but the railroad changed the name to Gloster in 1910 to avoid confusion with Gladstone, Michigan. The people who stayed behind were the farmers. Truck fanning was the main business in the areas adjacent to St Paul through much of the first half of this century. The fanners were the local government for many years. In 1878, a town hall was built for New Canada along the north shore of Lake Phalen and was moved to Gladstone in 1900. Annual meetings were a big event and the little bmldmg was packed WIth people. By the early 1950s the old bmldmg was nul down. The town decIded to have Its meetmgs m a room m the back of the Gladstone FITe Bmldlng. After World War II, the housing boom began in New Canada Township. Veterans could receive discounts on new homes and developments began around Wakefield Lake. Residents wanted improved services like sewer, water, and better roads. These items were the subject of debate at the township meetings. In 1953, Little Canada broke away from the township and became a city. Many new people were hired to replace the empty spots on the town board. These were the people who set the wheels in motion for the City of Maplewood. Not only was the population of New Canada increasing, industry also had interest in the area. 3M was looking for expansion and bought a large chunk of land in the southern leg. This land was outside of the city limits of St Paul. Rumors began that St Paul wanted to annex the area where 3M was going to be. An otter was made to the New Canada Township to swap a connection to St. Paul's sewer and water to add the 3M land to the city limits. The township didn't like this idea and decided that the best action was to fonn a city on its own. On February 26, 1957 the vote was 5 to 1 in favor of becoming a village. Waldo Luebben was the first mayor and many of the former New Canada Township board members became village officials. Ed O'Mara was one of the persons who suggested the name "Maplewood." Warren Berger went out to his backyard and traced a maple leaf and that became the village logo. Maplewood had a population of 14,200 people when it incorporated. For a few years, life in Maplewood was much like that of the fanner township. The village operated out of the same building attached to the Gladstone Fire Building. The township constables slowly evolved into the Maplewood Police Department Len Pepin became a constable in 1954, and was later Maplewood's first Chief of Police. Fire protection for the Village of Maplewood was by the Gladstone, Parkside, and East County Line Fire Departments. These organizations merged into the Maplewood Fire Department in 1997. In the late 50s and early 60s the city continued to use buildings in the old Gladstone site. The Police Department had a converted house and the engineering department was in an old barber shop and grocery store. According to legend, work on the new vIllage hall was so slow, Bmldmg Inspector Oscar Londm grabbed a shovel and Said "I'll do it myself!" The two-story city hall was built on Frost Avenue in 1965. It only took 20 years to outgrow the new city hall and a new one was built in the woods off County Road B and White Bear Avenue. The Village of Maplewood was changed to the City of Maplewood by the 1970's and adopted the council manager form of government. The Maplewood Mall opened in the early 1970's and became the major center of retail business in Maplewood. In the late 1960s and 70s there was a Maplewood Fall Festival with parades and a Miss Maplewood pageant. The main event of the city became the 4th of July celebration held at Wakefield Park in the 1970s and 80s and at Hazelwood in the 1990s. The highlight of each event is the fireworks display. By 1990,30,954 people lived in Maplewood. The city was rapidly being developed, especially the southern leg. Open space became a concern. The home of the 3M Post-It Note became one of the first cities in J\1innesota to buy land and set it aside to remain undeveloped. 10 Chapter 2: The Advisory Role Local governments create advisory groups for many different reasons. They are established to: 1. Fulfill local or state statutes 2. Implement a federal or state grant condition 3. Obtain advice on a specific subject 4. Build a community consensus for a project or program 5. Investigate an activity, problem, or event 6. Guide or regulate programs. Standing committees, commissions, ad hoc committees and task forces are formed for a specific purpose and dissolve after completing their mission. Advisory boards differ in their duties and responsibilities. Many are totally advisory to the elected body. Others are empowered to decide specific issues. Others, such as the Planning Commission, are an integral part of the government structure. If an organization is to function effectively, there must be clarity, understanding, and acceptance of the roles assigned to the elected body, commissions, and staff. Role of the Chairperson and Vice Chairperson Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of an individual to serve as the chair or vice chair should be taken into consideration. Commissions should try to give all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra time. Responsibilities of the Chair. . Preside at all official meetings of the board, commission, or committee. . Consult with the staff liaison in drafting the meeting agenda. . Attend City Council meetings, in person or through another commissioner as designee, as needed to represent the commission, board, or committee with the approval of the commission, board, or committee. . Sign correspondence from the commission with the approval of the City CounciL The effective chairperson also, during meetings: . Solicits opinions and positions from reticent commission members. . Protects new thoughts from being rejected prior to fair evaluation. . Discourages blame-orientated statements. . Keeps the discussion focused on the issue. . Builds trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair: . Substitute for the Chair as needed. 11 Responsibilities of Individual Members Each member of the city of J\1aplewood board, commission, or committee agrees to the following responsibilities during his or her term of office: . Demonstrate respect, kindness, consideration, and courtesy to others. . Prepare in advance of meetings (e.g. read agenda packet carefully prior to the meeting) and be familiar with issues on the agenda. . Be respectful of other people's time. Stay focused and act efficiently during meetings. . Serve as a model of leadership and inspire public confidence in Maplewood government. . Act and speak with honesty and integrity. . Do not speak for the commission unless authorized by the action of the commission. . Do not speak for the city unless authorized to do so by action of the City CounciL . Encourage inclusiveness and the free flow of opinions and positions. Staff Liaison Responsibilities The City Manager or his/her designee serves as the staff liaison to city boards, commissions, and committees. The staff liaison attends all meetings of the commission, prepares the agenda, acts as technical advisor, and finalizes the minutes for approval by the group at its next meeting. Requests for information or support should be directed to the statl liaison, not directed to other city statl. Commissions do not have any supervisory authority over city employees. The responsibilities of city staff serving as liaisons include: . Provide background and context on a subject. . Alert the commissions of possible detrimental actions. . Offer professional expertise and recommendations about an issue. . Make commissions aware of relevant training opportunities through the League of J\1innesota Cities or other such organizations. . Keep the board, commission, or committee focused on priorities. . Interpret codes, ordinances, city policies, and other regulations. . Ensure that motions and minutes reflect the intent of the commission. . Educate new mem bers about their role and responsibilities. . Encourage members to participate fully on the commission. . Staff will make every effort to respond in a timely and professional manner to requests made by individual commissioners for information and assistance. Requests that require significant staff time should be approved by the City Councilor city manager. . Staff response to an individual commissioner will be distributed to all commission members if the liaison believes the material may be of interest. . Statl is assigned to the commission but reports to the City Manager. . Post the agendas and minutes to city bulletin board (agenda only) and website in a timely manner. Relationship With City Council Members of city commissions are sometimes referred to as the "eyes and ears" of the City Council. They serve an important role in extending the reach of the democratic process into the community. Even though the Council relies on the work of city commissions, there should be no confusion about the separate roles of each. 12 In this symbiotic relationship, however, commissioners need to remember they were not appointed to relieve the elected officials of making political decisions. Commissioners should avoid trying to predict actions or votes of elected officials. This does not preclude them from interpreting elected official philosophy. Commission members should also recognize that the elected body's area of concern is much broader and in some cases a commission recommendation will not be followed. Commissioners should not interpret this as a rebuke but rather an inevitable part of the process. Members of commissions should: . Make their decisions based on their judgment and not predict by word or action what City Council will decide. . Think of themselves as advisors rather than decision-makers (except as prescribed by statute). . Remember that the City Council has a broader area of concern and does not always follow commission recommendations. Council Relationship With Advisory Bodies The City Council has determined that Council members should not lobby commissioners for particular votes. However, Council members may request that commissioners consider certain issues during their deliberations. Each member of the Council is assigned to serve in a liaison capacity with one or more city commissions. The purpose of the liaison assignment is to facilitate communications between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs, and issues of the advisory body. In fulfilling their liaison assignment, Council Members may elect to attend commission meetings periodically to observe the activities of the advisory body, or simply maintain communications with the commission chair or statlliaison on a regular basis. Council members are not participating members of the commission, but are there to create a linkage between the City Council and commission. In interacting with commissions, Council members are to reflect the views of the Council as a body. Term of Office Term of oUice on most commissions is 2 or 3 years, although all commissioners serve at the pleasure of the City Council. The terms of commissioners are staggered to provide continuity to the commissions. A term of office officially begins when the new member takes the oath of office, which is administered by the Mayor, Manager, City Clerk, or staff liaison. Signing Commission Documents/Communications Commissions may be called upon to write letters to citizens, businesses, or other public agencies. Correspondences from the commission must be co-signed by the chair and the mayor. Commissioners from time to time may correspond with citizens in response to inquiries or to provide requested information. In these circumstances, members should clearly indicate within the letter that they are not speaking for the commission, but for themselves as a member of the commission. \\!hen a commissioner speaks before a public body, the commissioner needs to inform the agency that he or she is speaking for the commission and has been authorized to speak for the commISSIOn. Commissioners not speaking in an official capacity must explain that they are speaking for themselves. 13 Chapter 3: Commission Meetings Agenda An agenda for each meeting of a city commission is prepared by the staff liaison in consultation with the chair. The agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting. Agendas must be available at the City Clerk's office at least 72 hours prior to the meeting. Placing Items on the Agenda A commissioner may request an item be considered on a future agenda and, upon consensus of a majority of the commission, statl will prepare a statl report if formal commission action is necessary. A member of the public may request an item be placed on a future agenda during public comment or through other communications with commission members, and upon consensus of a majority of the commission, a staff report will be prepared and approved by the City Manager, or his/her designee. Minutes Minutes of each meeting of a city commission are usually recorded by city staff. The minutes serve as a permanent record of the group's actions, testimony, and opinions and they are forwarded to the City Council as input and background for Council decisions. Generally, a member of a commission making a recommendation will be available to the Council when such input is given. There are three types of minutes - Action Minutes: reflect the motion, the maker, and second; Summary Minutes: reflect the above action plus a brief summary of the discussion; and Detailed Minutes: reflect actions plus a record of the entire discussion. The city of J\1aplewood requires that all commissions prepare "summary minutes"; however, there may be times when "action minutes" are appropriate. Correction to Minutes It is important for members of city commissions to closely review minutes and make corrections if needed so that the approved minutes accurately reflect the work of the group. Corrections to minutes should be made at the meeting when the minutes are brought forward for adoption. Corrections require a motion, second and a majority vote, and, if approved, are noted in the minutes of the current meeting. Any changes to the draft minutes approved by the commission should be reflected in the minutes for the meeting at which the corrections are made. The final version of the minutes, with the corrections made by the commission, should then be retained by the staff liaison and the City Clerk. Special Meetings Special meetings may be called by the chair of the commission and coordinated through the liaison. Written notice must be given to the commissioners, media, and others who have requested notice pursuant to the Open Meeting Law.10 Special meetings of commissions are discouraged by the City Council. Televised Meetings As part of its franchise agreement with the City of Maplewood, Com cast provides the city with a channel on the local cable television system as a means for providing municipal information to the citizens of Maplewood. By direction of the City Council, meetings of the City Council, the Planning Commission, and other standing commissions are televised on a regular basis. 10 See Subd. 2. 14 Joint Meetings with the City Council Occasionally commissions schedule a joint meeting with the City Council. These meetings occur as part of a regularly scheduled City Council meeting and are televised. Subcommittees Commissions may, from time to time, form subcommittees to focus on specific issues and make the work of the group more efficient. Subcommittees are useful when an issue needs to be studied in detail or when outside expertise is needed. The work and recommendations of subcommittees must always corne back to the full commission for approval in a public meeting. The subcommittee may not be composed of a quorum of the members of that board, commission, or committee. Subcommittee meetings for continuing or "standing" subcommittees are not considered public meetings for purposes of the Minnesota Open Meetmg Law. However, the CIty CouncIl generally encourages the practice of giving notice of such meetings and keeping them open to the public as practicable. Subcommittee Guidelines: 1. Clearly define the purpose. 2. Set deadlines for reports and establish sunset provisions. 3. Limit the number of members. 4. Involve all sides of the issue. 5. Appoint a chairperson. 6. Require meeting agendas, minutes, and periodic reports. 7. Enforce sunset provisions. 15 Chapter 4: Parliamentary Procedure Maplewood's City Commissions follow a modified version of Rosenberg's Rules of Order, Simple Parliamentary Procedures for the 21st Century, as adopted by the City CounciL The adoption of rules was undertaken to simplify procedures. A scaled-down and modified version is appropriate for commissions. A copy of these Procedures appear m the appendIX of thIS handbook Parliamentary procedure is adopted for several purposes: . Promote cooperation and harmony so that people can work together more effectively to accomplish their goals. . Guarantee each individual an equal right to propose motions, speak, and ask questions and vote. . Protect the rights of minority points of view and give the minority the same consideration and respect as those in the majority. . Encourage the full and free discussion of every motion presented. . Ensure that the meeting is fair and conducted in good faith. . Make decisions by the democratic method, so that the will of the majority determines the actions of the body. Quorum A quorum is the minimum number of members that must be present for a group to conduct business - a majority of the qualified members of the body. For Quorum purposes, the number of approved, seated members is the determinative total, with vacant, unfilled seats not counting towards the quorum number.ll Voting Procedure When present, all commissioners are to vote. Failure of a seated commissioner to orally express a vote constitutes an affirm ativ e vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law.12 The affected commissioner will step down, leave the room, and not participate in the discussion or vote on the item. Commissioners may declare a consensus on an action if there is agreement and no negative votes or objections. Upon request of any commissioner, a roll call vote will be taken and recorded. Tie vote: A l1e vote IS eqwvalent to a vote that has fmled. The chmr may explam the etlect of the l1e vote for the pubhc. Motions A motion is the way that a group under parliamentary procedure conducts business. There are a number of types of motion, each of which must meet certain requirements before a vote can be taken. A reference guide to motions is provided in chart form in the appendix of this handbook. Steps in making, discussing and voting on a motion: 11 See 12 See from the League of Minnesota Cities. 16 1. The maker of the motion asks for recognition by the Chairperson. 2. After the individual is recognized, he/she will state "I move. 3. The Chair will ask if there is a second. Another member of the group must second the motion in order for discussion to start on the motion. 4. The Chair then restates the motion "It has been moved and seconded that..." and opens the floor to discussion. 5. The Chair will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. Spirited discussion helps to answer questions and explore different interpretations and/or impacts of the motion. 6. At the end of the discussion period the Chair will "call for the questions" and ask how many members vote "Aye" and how many vote "No" or "Abstain". Frequently-Asked Procedural Questions Is a majority vote needed in order fora city commission to take action? Yes. All members present are expected to vote on every question presented unless they have a conflict of interest. (See page 18 for more information on conflicts of interest) Ulhat is the procedure for resigning from a city commission? An individual who must resign due to personal or professional circumstances shall send a letter to the City Council stating the effective date of the resignation. The resigning individual should, as a matter of courtesy, notify his or her commission's chair and staff liaison at least by copy of the letter. Under what circumstances can a member of a city commission be removed from office by the City Council? Members of board, commissions, and committees serve at the pleasure of the City Council and can be removed from office at any time, without cause, by majority vote of the Council. Legal Issues There are many local, state, and federal laws protecting the democratic process practiced at the municipal level. City commissions must abide by the same regulations as the City Council. There are several legal issues of which members of city commissions should be mindful in fulfilling their roles and responsibilities in municipal government. These are designed to protect fair access of the citizens to their government and due process through the hearing process. The Open Meeting Law The Open Meeting Law applies to all standing commissions established by the City Council. Whenever a quorum (majority) of the City Councilor a commission is discussing city business, it is a meeting as defined by the Open Meeting Law.13 Proper advance notice must be given of such meetings,14 and the meetings must be open to the public. J\1innesota law makes commissioners personally liable for intentional violations of the Open Meeting Law.15 13 14 Notice requirements are laid out 15 Subd.l 17 Commissioners must be particularly aware of the danger of serial meetings. A "serial" meeting is defined as a situation when members of a city commission individually meet, telephone, em ail, fax, or otherwise communicate among each other or through a common person about a topic that will eventually involve the commitment or action of a quorum. These kinds of meetings are sometimes referred to as "Daisy Chains" and "Hub and Spokes." The problem with serial meetings is that they develop a consensus of the members outside of a public meeting and depnve the pubhc of the nght to hear the dehberatlOns and to partIcIpate m the deClSlOn makmg at a meanmgful time. Members should be cautious about discussing commission business outside of a formal meeting with other commissioners to avoid engaging in a serial meeting. For detailed information on the open meeting law, please refer to the available from the Research Department of the J\1innesota House of Representatives. Conflict of Interest Quite simply, if you have a direct financial interest in the matter under consideration, you have a conflict of interest. If a project under consIderation has you, your famIly, or your company prohtmg tram ItS approval, It should be a simple conclusion that there is a conflict of interest in supporting or voting for the project (affirmatively). Similarly, a conflict of interest would occur if a commissioner were to vote on a zoning variance for his or her own property. Whenever a member of a city board, commission, or committee believes that there may be a conflict of interest, he or she should seek an opinion from the City Attorney. At any time, it is safest to err on the conservative side and to pubhcly identify the conflict, and follow the rules on disquahfication. If a member has a conflict of interest, the member must disquahfy himself or herself from participating in the matter. This includes all discussion on the matter as well as the actual vote. The best practice is to step down and leave the meetmg whIle the matter IS under consIderation. A copy of the LMC's whIte paper on OttiClal Contllct of Interest is in the appendix for your consultation as well. Other LegaLIssues . Boards, commissions, and committees may not be used for political activities. City commissions may not endorse ballot measures or candidates for public office. However, members of boards, commissions, and committees may use their official title in political activities to identify themselves. Members should be careful to be clear that any statement about a political position represents only their personal view of the issue or candidate, and in no way implies the endorsement of the full group. . Individual members cannot unilaterally represent a board, commission, or committee. An individual member of a commission cannot take any action or make a statement that purports to represent the entire group, unless that member has been given authority to do so by a majority vote of the commission. . Correspondence by members of commissions (including letters, em ails, and other written communications) should not appear to represent the viewpoint of the full group unless the correspondence is for oificial business of the commission and has been approved by the group and the City Council. Commissions are not permitted to send correspondence outside the city government without approval of the City Council. . Unilateral contacts are discouraged. If a member of a commission meets privately with an individual or entity that has an issue coming before the commission, the member should do so without making voting decisions or commitments. Equal opportunities and due process must be extended to all parties in matters under consideration. Commissioners shall disclose such contacts at the commission meeting when the item is discussed. 18 Frequently-Asked Legal Questions Maya member of a city commission choose not to vote? Members of city commissions are expected to participate in all decisions of their commission. There are two primary exceptions - if the member is disqualified because of a conflict of interest, or the member is disqualified because of a fairness issue (such as absence from all or part of a proceeding, or personal animosity between the member and an individual appearing before the group). When a member has a financial conflict of interest, he or she must disclose the nature of the conflict and follow the appropriate procedures as previously outlined in this handbook. In all cases, abstentions should be made to ensure the fair, impartial deliberation process by the board, commission, or committee. If a member of a city commission misses all or part of a meeting in which information is presented, can that member vote on that issue? Absence does not automatically disqualify the member from participating in a vote on an issue. If the member misses all or part of the proceeding in which information about the issue was presented, the member can become familiar with the record of the meeting by means such as reading the minutes, studying staff reports, or viewing the recorded version of the meeting. "Who decides if a member can vote? In order to vote on an issue considered in a previous meeting, a member should state for the record that he/she has reviewed either a meeting recording, the minutes, or staff report and considered all portions of the issue. The m ern ber determ ines if he or she can vote. 19 Chapter 5: Helpful Advice The following information was compiled from individuals who have served or been liaisons on a board, commission, or committee. Criteria for Effectiveness . Understand the purpose of your commission. Be clear on your role and responsibility and how this particular board, commission, or committee fits into the governance of the city of Maplewood. . Prepare for each meeting in advance. Read through the agenda and know what will be discussed at each meeting. Read through staff reports or other background materials, or visit sites, as appropriate. . Bring an open mind to each meeting. Yau are representing the entire community in your role as a member of a city board, commission, or committee, so it is important to put aside personal opinions and be open to new ideas, information, and points of view. . Treat everyone with respect and dignity. You are an important part of the democratic process, which guarantees access and fair treatment to all. Your behavior and attitudes are in the spotlight and should reflect the highest standards of the community. Demonstrate patience, show empathy, and remain dignified under stress. . Phrase motions with care. Phrasing a motion can be difficult and corrections may be necessary before it is acted upon. Commissioners may wish to write out motions beforehand or ask staff to prepare a draft for difficult issues. Special Tips for New Commissioners . Attend meetings of the board, commission, or committee before applying for the position. As soon as you are appointed, regularly attend meetings, even before taking office, to become familiar with current issues under discussion. . Read through the minutes of previous meetings. . Ask the staff liaison if there are background materials that would be helpful for you to read and study. . Become familiar with the basic rules of parliamentary procedure. . Attend one or two City Council meetings to better understand how the role of the individual board, commission, or committee fits into the overall governance of the city. . Please be aware that as soon as you are sworn in, you are subject to the Open Meeting Law. Working with City Staff . Treat all staff as professionals. Acknowledge the abilities, skills, experience, and dignity of every employee of the city of Maplewood. They are choosing to make their living serving your community and should be respected for that choice. Recognize that staff liaisons value their family and personal time. Accordingly, contacting staff during non-working hours is generally discouraged. . Communicate clearly, honestly, and directly. . Build a relationship based on mutual trust and respect. . Don't criticize or embarrass city staff in a public setting. If you have a concern about staff performance, it should be brought privately to the City Manager. . Don't ask city staff to perform tasks or share information outside the role as liaison. 20 Dealing with the Media Most members of city commissions have limited contact with the news media. However, there may be situations in which a member of the media may contact you for comment on an issue. . Yau do not have to answer media questions just because they are asked. "No comment" is legal and at times preferable. Refer the media to the city staff or Council members. . Make it clear that you are speaking as an individual, not on behalf of the commission, the City Council, or the City of Maplewood. If it is a subject that is going to come before your commission it is probably mappropnate to be talkmg about It to the mecha. . It's safest to never "go off the record." Most news professionals will honor an agreement to not quote you, but there is potential for embarrassment. Words that are not said cannot be quoted. . Choose words carefully and cautiously. Comments taken out of context can cause problems. Be cautious about humor, sardonic asides, criticism, sarcasm, or word play. 21 Chapter 6: Commission Policy Guidelines Recruitment Policy City of Maplewood will advertise in the local newspaper, the city's channel on cable TV, and the city web page. Applications will be kept on file for a period of two years. Applicants will be contacted to ensure their continued interest before submittal to the City Council for appointments. Application deadlines are established to allow the City Council time to review the applications. Applications will be accepted up to 5 p.m. one week prior to appointment by City Council. Appointments All commissions/boardsltask forces and committees are appointed by the City Council. Role of Commissions The primary role of City of J\1aplewood commissions is to review and make recommendations to the City Council on matters within the commission's scope of responsibility as set forth in the enabling resolution/ordinance, and to promote increased public awareness, public input, and citizen participation into the determination of city policies. The specific role of a City of Maplewood commission is that of citizen's advisory "ann" of the City Council, focusing attention on specific planning and program activities of the city. On specific matters referred to them by the City Council, commissions serve as the reviewing body of the city. All recommendations, however, are subject to approval and reVlSlOn by the CIty CouncIl, except as otherwIse provIded by law. Appointment of Chair and Vice Chair Cornrnissions/boards will appoint a chair and vice chair at the first regular meeting in December to take over at the first meeting in January. Responsibilities of Commission Members To be selected as a city of Maplewood commission member is an honor and provides an unusual opportunity for genuine public service. Although the specific duties of each commission vary widely with the purpose for which it was formed, there are certain responsibilities that are common to all commission members. The following is a summary of those responsibilities: (I) Abide by the Minnesota Open Meeting Law. All members have received the full text of the Open Meeting Law. Once a commission member has been sworn in as a member of a commission, he or she must comply with the requirements of the Open Meeting Law. (2) Understand the role and scope of responsibility of the commission on which you serve. Be infonned of the individual scope of responsibility and operational procedures. (3) Represent fairly and fully the majority views of your individual commission. Expression of individual opinions to the public and press after a commission decision has been made should be identified as such. (4) Members should represent the public interest, not that of special interest groups. (5) Good communications - members are in a unique position of serving as a liaison between the city and its citizens, and can help to reconcile contradictory viewpoints and build consensus around common goals and objectives. 22 (6) Carefully review your commission meeting agenda prior to each meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on thorough investigation will strengthen the value of the commission's recommendation. (7) Supportive relationships with the City Council and city staff are basic requirements for successful operation of any commission. In contacting city personnel on items of consideration, the proper channel is through the designated statlliaison providing support for your commission. (8) Establish a good working relationship with fellow commission members - respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members, and strive to minimize political action on issues. (9) Members should not use or involve their commission membership in the conduct of personal political activities, and must be mindful of the conflict of interest requirements. (10) \\!hen a commission member appears in a non-official, non-representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a commission. If a question of membership arises, the member shall indicate that he/she is speaking only as an individual. Quorum Business may only take place at special or regular meetings if a quorum of the commission members is present. A quorum constitutes a majority of the voting membership. A meeting shall be canceled by the chair after 15 minutes if a quorum is not obtained, and an alternative date and time scheduled. Qualifications (a) A commission member must be knowledgeable of and experienced in the areas of interest of the commission on which he/she wishes to serve. (b) Unless otherwIse stated by the CIty CouncIl, terms of ottice on most COmm!SSlOnS are 2-3 years for regular members. (c) All must be residents of the City of Maplewood proper; however, exceptions can be made for exceptional circumstances on a case-by-case basis. (d) No person should serve on more than one commission at a time. However, individuals with special qualifications may be asked to serve on an additional commission. (e) City commissions should reflect the community's diversity. Decorum and Order Members should accord the utmost courtesy to each other, to city employees, and to the public appearing before the commission, and should refrain at all times from (I) rude and derogatory remarks, (2) questioning the integrity of the speaker, (3) abusive comments, (4) statements about the member's personal feelings about the speaker's motives, and (5) personal attacks. Any member may move to require the chairperson to enforce the commission rules; the affirmative vote of a majority of the commission will require the chairperson to so act. Members of the public attending commission meetings are expected to observe the same rules of order and decorum applicable to members. Any person making impertinent and slanderous remarks, or who becomes boisterous while addressing the commission, or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison. Public Hearings Commissions should consult the City Council prior to holding a non-obligatory public hearing especially for controversial issues. Exception: the Planning Commission is required to hold public hearings on planning issues. 23 Special Meetings Commissions should not schedule special meetings except under extraordinary circumstances. Communication with the City Council Most communication with the City Council will occur through the Council liaison and staff liaison for each commission. Any questions regarding the City Council agenda can be directed to the staff liaison. When a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission as a whole (not a personal opinion); any representations made to the City Council that are not those of the majority of the commission must be identified as such. City Council Relationship with City Commissions/Boards Individual Council members may attend meetings and may participate in the commissions' discussions, but should not direct the commissions' discussions or recommendations. Communication with Other Agencies and Groups If a member of the commission is authorized by the City Council to represent the city before another governmental agency or organization, the commission member should represent fully and fairly the majority position of the City Council. Personal opinions and comments may be expressed only if the commission member clarifies that these statements do not represent the position of the City Council. Role of the Staff Liaison Demand on staff time should be limited to official meetings. The staff liaison role includes orienting and helping train new members, facilitating meetings and hearings, providing necessary documents, providing information regarding rules and regulations, preparing and presenting reports to the commission, and answering any questions that may arise at meetings. The statlliaison is responsible for keeping the commission in compliance with the Open Meeting Law in terms of properly posting notice and agendas of meetings when necessary. Minutes, after approved by the commission, are forwarded to the City Clerk. The minutes should be a clear and concise statement of the commission actions and resolutions made. There are always exceptions to the policy guidelines and these should be considered on individual commission or member basis. 24 Appendix The following documents, relevant to Maplewood boards and commissions, are attached for further information and reference: . Sample Agenda . Sample Minutes . Rosenberg's Rules of Order . Text of the Open Meeting Law . Minnesota Open Meeting Law (House Research Information Brief) . Official Conflict ofInterest (LMC Information Memo) 25 f. I. STAFf 26 WlilS Of AGENDA NEW PRESENTATIONS COMMISSION I. 27 1 he rules of procedure at meetings should be simple enough for most people to understand. Unfc}rtunately, that hasn't ahvays been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies fc}lImv a set of rules, Roberts Rules {larder, ,vhich are em- bodied in a small but complex book. Virtually no one I kno'.v has actually read this book cover to cover. Worse yet, the book vvas written for another time and purpose. If you are running the British Parliament, Robert~" Rules {larder is a dandy and quite use- ful handbook. On the other hand, if you're running a meeting of a five- member body ''lith a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of "Rosenberg-'s Rules of Order." This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. 'fhese rules ha'le been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which vve are accustomed. "Rosenberg's Rules of Order" are sup- ported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parlia- mentary procedure is to establish a framev,rork for the orderly conduct of meetings. 2. Rules shouJd be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those ,,,,ho understand and participate and those '.vho do not fully understand and do not i~llly participate. 3. Rules should be user-friendly. Tlw is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the win of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy; the majority rules. The rules must enable the majority to express itself and fashion a result, \vhile permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions \'Xi'hile all members of the governing body should knovi.r and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be vvell versed in those . by Dave Rosen berg rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself Because the chair conducts the meeting, it is common courtesy t(}r the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary; as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. 'fhe chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion formal meetings normally have avvritten, published agenda; informal meetings may ha,re only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the f(}lImving basic fc}rmat. First, the chair should clearly announce the agenda item number and should clearly state vvhat the subject is. The chair should then announce the f(}fmat that ,viII be follovved. Second, follmving that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, www.cadties.org 1 Rosenberg} Rules of Order: Simple Pilrliilrnentilry Pro(edurefor the 21st Century a staff person, or a committee chair ch~u'ged with providing inform:.Hion about thc agcnda ix-em. Third, the chair should ,lsk members of the body if they have any tee hnical question<; for darincatinn. At [his point, members of the governing body may ask clarifYing questions to the people "\'>/ho reported on the i tern, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal meering, open the meeting to puhlic inpuc If numerous members of the pub- lic indicate a desire to speak to the sub- ject. the chair may limit the Lime Ilf each public speaker. At the condusion of the public comments, the chair should ann- Ilunce that puhlic input has conduded {or rhaT the public hearing, as the case may be, is dosed). Fifth, the chair should invite a motion from the governing hody memhers. The chair should announce tIle name of the member 'who makes the motion. Sixth, the chair should determine if any member of [he bodYl,.vishes ro second the motion. The chair should ;lnnounCe the name of the rnember who seconds the morion. Tt is norma11y good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of rhe body \'/ho is interested in 3. particular approach. However, a second is not an absolute requirement, and (he chair can proceed with consideration and a vote on the motion even \vhen there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of dlree vvays: 1. The chair can a.~k the makel nf the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of [he hody to repeat the motion. 2 league of California Cities Eighth, the chair should nO\v invite dis-- cu.~,~ion of the morion hy rhe memhtT.~ of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce tha[ the body '.vill vote on [he motion. If there has been no discussion or a very brieF discu.ssion, the vore dlOuld proceed immediately; and there is no need to re- peat the motion, If there has been sub- ~;rantial disclb.~ion, it i,s norma11)' hesr ro make sure everyone understands the motion by repeating it. lv-fotions arc made in a simple t\.vo-step proces.~. Fir.~t, the chair recogni7e,~ rhe member. Second, the member nukes a motion by preceding the member's de:,;ired approach with rhe "'lord:,;: "T move.,." A rypical motion might be: "1 move that 'ltve give 1 a days' notice in [he future fClr a11 our meering:,;." The chair Wiually ini Liates the morion by: 1. Inviring the members to make a IDotion: '~ft motion at this tinle would be in order." Ninth, the chair takes a vote. Simply asking for the '"ayes" and rhen the "nays" is normally sufficient. If members of the hody do not vote, then they "absuin." Unless the rules of the body provide othen:vise or unless a super-majority is required (as ddineau.:d later in these rules), a simple majority determines wl1t:ther the motion passes or is defeated. Tenth, the duir should announce the result of the vote and should announce what action {if any) the body has taken. In ~Ulnouncing the result, the chair should indican: the names of the mem- bers, if any, '\vho voted in the minority on the motion. This announcernent mighr rake the fi)llowing form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. \X.le have passed the motion requiring 10 day.s' notice for all future meetings of this governing body." Motions in General i'vfotiol15 are the vehides for decision- making. It is usually best. to have a mO[- ion before the governing body prior to discussing an agenda item, to help every- one {{Jeus on the motion bdt)fe them. 2. Sugge:.;ring a morion to the members: '~\ motion would be in order that WT give lO-days' nnrice in the future for all our meetings." 3. lv1aking the motion, As nored, the chair has every right as a member of the body to make a motion, hut norma11y should do so only ifhe or she wishes a motion to be made but 110 other member seems willing to do so. The Three Basic Motions 'T'luee motions are the mOilt (ommon: 1. The basic motion. 'rhe basic motion i.;'; the one that purs forward a deci- sion for consideration. /\ basic mot- ion might be: "1 move that ,,'.Ie create a five-memher committee ro plan and pm on our annual fundraiser." 2. The motion to amend. If a member wants to change a basic motion dnt is under discussion, he or .<;hel,.vollld move to amend it. A motion to amend might be: "1 move that we amend rhe motion [0 have a 10- member comminee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wauts (0 LOlnpletdy do J.way with the basic motion under discussion and put a new motion befi:1fe the gove1'lling body, he or she would "move a substitute motion." A substi- ture motion might be: "I move a sub- stitute [notion dut we cancel the annual fundraiser this year." [",lotions to amend and sub~tItute mo- tiom are off_en confttsed. But they are quite different, and so i.~ rheir effen, if passed. A motIon to amend seeks to retain the basic motion on rhe Hoor, but to modify it in some way. A substitute mmion ,~et:b to throw out the basic motion on the floor and substI- rute a new and different motion f(_)f it. The decision as ro whether a motion is really a mmion to amend or a substitute motion is left to the chair. So dut if a member makes what that member calls a motion [0 amend, but the chair dcrer-- mines it is really a substitute motion, the chair's dc.~igl1ation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. 'The chair may rejen a fourth motion until the three dut are on the Hoot have been resolved. \Ylhen two or three n1OtIons arc on the floor (after motions and seconds) at the S:lmt: time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic "motion to havt: a five-member commit- tee to plan and put on Ollr a.nnual fund- raiser.'" During the discussion of this motion, ;1 member might make a second motion w "amend the main motion to have a 1 O-member committee, not a five-member committee, to phn and pur Oil our annual JUIH1raiser." And per- haps, during that discussion, a member nukes yet a third motion as a "substitute motion dut we nor have an annual fundraiser this year." The proper proce- dure would be as follo\-vs. Rosenbnl' Rules u..lOrder: Simple Ptlr;itUnenttI~V Proudurefor the 21st C'entul'~V Firsr, the ch3ir would dn] with the third (the last) motion on the 11oor, the substitute motion, _/lfter discussion and delute, ~l vore would he Llken /1rst on the third motion. If the 3ubstitute mmion ptli'J'e:J, it "vould be a substitme for the [u<;ic moriot1 and ,,vfmld elimi- nate it. The first motion \vould be moot, as would the second motion {which wlUght to 3mend the fir.~t morion;, and the action on the agenda item would be complete. No vote \'..rould be taken on the :hr<;t or ,~econd mi1tion,~" On rhe other hand, if the substitute motion {the third motion) failed, the chair would proceed to consideration nf the .<;econd (now the last) motion on the Aoor, the 1l1O(ion to amend. If the substitute mmion failed, the chair vvould then deal with the second (now the LIsr) motion on the Hoor, the motion to amend. 'fhe discussion and dehate would focu:-; Mrictly on the amendment (should the committee be fiye or 10 rnembers). If the motion to amend PffSSl'd, r1lt~ chair would now move co consider the main morion (the fir.'it motion) a.'i amf!nded. If the motion to amend failed, the chair 'i,vnuld now move to consider the main morioll (the first motion) in its original format, not amended. To Debate or Not to Debate The ba.~ic rule of motion,,> i.~ that they are subject to discussion dnd debate. Accordingly, basic motions, morion,~ to amend, and substitute mmlons are all elIgible, each in their turn, for tull dis- cussion before and by the body. The dehate can continue a,s long a,~ memheL<; of the body wish to discuss an item, .sub- ject to rhe decision of the chair that i1 IS rime m move on and take action. There arc exception,,, to the general nde of free and open debate on motions. The exceptions all apply \vhen there is a desire of [he hody to move on.The fol- lowing motions are not debatable {that is, '.vhen the f{lUO"ving morions are made and seconded, the chair muM imrnedi-- ately call for .l vote of the body without debate on rhe mor.ion\ A motion to adjourn. 'fhis motion, if pa,~,~ed, requires the body to immediately adjourn to its next regularly scheduled meu:ing. This motion requires a simple n1aJo1"1[Y vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, ehe chair deter- mines the length of the recess, "\vhich may range from a few mInutes to an hour. It requires a &impk majority vote. 'l'hird, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (1 O-member com- mittee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. for example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to www.cadties.org 3 Rosenbergs R-ules {}fOrder: Simple Parliamentary Protedure.f.?Y ihe 21st Century be placed on "hold." The motion rnay contain a specific time in \\'hich the item can come: back to the body: "1 move we (able this item until our regu-- hr l:lleding in October." Or the motion may contain no specific time fen the return of the item, in 'which case a motion to take the item off the table and bring it back to the body will have to be (aken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to S~ly: "1 move the previous question" or "I move the question" or "I call for the question." \X!hen ~l member of the body makes such a mOlion, the member is really .-;aying: ''I've had enough debate. Let's get on with the \iote." ~rhen such ;1 morion ismaJe, the chair should ask for a second (Q the motion, stop debate, ~llld vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Nme that a motion to limit debate could include ;} t:ime limit. For example: "I move We limit debate on this agenda item to 15 lninutes." Even in this format, the the motion falls. If one memher is ab-- sent and the vote i,s 3-3, the motion still fails. All motions require a simple majority, but there arc a few exceptions. 'The exceptions occur when the body is taking an action that d-I-ccr.ivdy cuts arT the ability of a minority of the body to take an action or discuss an item. "rhese L'XtraorJinary morions require a t\va-thirds majority (a sllper- majority) to pass: Motion to limit debate. \\/hether a member says, "I 1110ve the previous question," "'I move the question," "I c:JJ for the question:" or "I move to limit debate," it all amounts to an atTempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. \"X/hen choosing officers of the body, such as the chair, nominations are in order eieher from a nominating commitree or from the Hoor of the body. A motion to dose nominations effectively cuts off the right of the minority to nomin,lte officers, and it requirei'i a two-thirds VOLe to pa.<;.<;. motion ro limit debate requires a (\ovo- thirds vote of the body. A similar mot- ion is d lJfotion to o~;ca to C!Jnsidcration {l iUl item. This motion is 110l debatable. and if passed, precludes tbe body from even considering an item on the agcnda. It also requires a c\o'vo-thirds VOCe. Majority and Super-Majority Votes Tn a democracy, decisions art: made with a simple majority vote. A tie vott:: me:111S the motion fails. So in a seven-mcmber body, a vote of 4-3 passes r.he motion. A vote of 3-3 with one abstt::ntion means 4 league of California Cities Motion to object to the consideration of a question. Normally, sllch a motion i.~ unneces.<;ary, heclUse the nhrectionahle item can be Ll.bled or defeated straight up. 1--Imvcvcr, -when members of a body do nm even want an item on the agenda to be considered, then ~uch a 111O(ion i.-; in order. It is not dcbalablc, and it requires a tVv'o-thirds vote to pass. Motion to suspend. the rules. This motion is debatable, but require.~ a two- thirds vote w pass. If the body has its nwn rulc.~ nf order, con dun or proce- durt::, this motion allows the body (0 sus- pend r.he rules for a particular purpme. For example, the body (a private club) mighr. have a rule prohibiting the atten- dance at meetings hy non--duh mem-- bers, A motion to suspend the rules \-vould be in order to allow a non-dub memher to attend a meeting of the club on a particuLu' date or on a particuhr agenda item. The Motion to Reconsider There is a special and unique motion that ret]uire> a hie of explanation a][ by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. f\fter vigorous diSCUSSion, dduee and a vote, there must be some closure to the issue. And so, after a 'vote is taken, the nutter IS deemed dosed, "uhiect only to reopening if a proper motion to reconsider is made. A motion t.O reconsider requires a lTIajority vmc to pass, hut there arc two special rules that apply only to the motion to reconsider. First is the maUer of timing. A motion to reconsider mU.~t be made de the meet ing where the item was first voted upon or ar the very next meeting of rhc boJy. ;\ motion to reconsider made at a bter time is untimely. (The body, hmvever, can always vote to .mspend rhe rules and, by a t\vo-thiHh majority, allow a motion to reconsider to be made at anmher time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the }}l[1jori~v on the origi-- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider {any Olher mem- ber of the body nuy second the motion). If a member \vho voted in the min()ri~y seeks to make die motion to reconsider. it mu,st be ruled out of order. The pur- pose of this rule is finality. U' a member of the minority could make a motion to reconsider, then the item could be brought: back to the body again and again, "vhich would defeat the purpose offinaIity. If the motion to reconsider passes, then the original matter is back beft:lrt' the hody, and a ne\v original motion i,~ in order. The matter may be discussed and debated as if it were on the Hoor for the fiL~t time. Courtesy and Decorum The n_IIt;s of ordt::r 3.rt:: meant to create an atmosphere where the members of the body and the members of the public can atcend to business efficiently, fairly and with full participation. And at the same time. il is up ro the chair and the mt:mbers uf the body (0 nl3.intain COln- man courtesy and decorum. Unless the setting is very inf{mnaL it is always best for only one pt:rson 3.t a time (0 have the floor, and it is always be.;;t for every Ri)senberg's Rules of Order: Simple Parliamentary Procedure fi)r the 21st Century lege rdate to anything that would inter- f..~re with the normal comf~)ft of the meding. For example, the morn may be too hot or too cold, or a blowing Ern might interfere with a person's ahili[y (0 hear. Order. The proper interruption '\vould be: "Point of order." Again, the chair would ask the interrupter ro "Slale your point." Appropriate points of order speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege. The proper interruption would be: "Point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is sim- ply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and di:,:cussion of a motion, the maker of the mmion on the floor, at 3.ny rime, may interrupt a speaker to withdraw hi,s or her mmion horn the fiOOL The motion is immedi3.tely deemed with- dawn, aldlOugh the chair may ask the person who .seconded the motion if he or she wishes to makt: the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input ThL rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wi.se m rememher three special rules that apply to each agenda item: Rule One: Tell dle public what the body will be doing. Rule Two: Keep the public. informed while the body is doing it. Rule Three: \'V'hen the body bas acted, tell elK public what the body did. Puhlic input i,<; essential m a healthy democracy, and community participa- tion in public meetings is an important dement of that input. 'The challenge for anyone chairing a public meeting is to accommodale public inpUT in a timely and tirne--sensitive "\'lay, while maintain-- ing steady progress through the agenda items. The rules presented here [()l' con- ductinn a medina are offered as tools for 1'::1 b etTective leadership and as a means of developing sound public policy www.cadties.org 5 SKU 1533 $5.00 To oider additional copies ofttiis publication, call (916) 658-8257 or visit www.cacities.orgfstore. @ 2003 League Of California Cities. All rights reserved. (1) This pufili(juifln is firimrd 1m raydea.ptljJer 1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacltles.org I MINNESOTA STATUTES 2009 13D.OI Meetings of Public Bodies CHAPTER 13D OPEN MEETING LAW 13D.Ol MEETINGS MUST BE OPEN TO THE PUBLIC; 13D.04 EXCEPTIONS. 13D.05 13D.015 MEETINGS BY 1ELEPHONE OR OTHER ELEC1RONIC MEANS. 13D.06 13D.02 MEETINGS CONDUCTED BY IN1ERACTIVE TV; CONDITIONS. 13D.07 13D.021 MEETINGS BY 1ELEPHONE OR OTHER ELEC1RONIC MEANS; CONDITIONS. 13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS S1RA1EGY NOTICE OF MEETINGS. MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC. CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES. CITATION. 13D.Ol MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS. Subdivision 1. In executive branch, local government. All meetings, including executive sessions, must be open to the public (a) ofa state (l) agency, (2) board, (3) commission, or (4) department, when required or permitted by law to transact public business in a meeting; (b) of the governing body of a (l) school district however organized, (2) unorganized territory, (3) county, (4) statutory or home rule charter city, (5) town, or (6) other public body; (c) of any (l) committee, (2) subcommittee, (3) board, (4) department, or Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2009 13D.Ol (5) commission, of a public body; and (d) of the governing body or a committee of: (1) a statewide public pension plan defined in section 356A.Ol, subdivision 24; or (2) a local public pension plan governed by section 69.77, sections 69.771 to 69.775, or chapter 354A, 422A, or 423B. Subd. 2. Exceptions. This chapter does not apply (1) to meetings of the commissioner of corrections; (2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings; or (3) as otherwise expressly provided by statute. Subd. 3. Subject of and grounds for closed meeting. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 4. Votes to be kept in journal. (a) The votes of the members of the state agency, board, commission, or department; or of the governing body, committee, subcommittee, board, department, or commission on an action taken in a meeting required by this section to be open to the public must be recorded in a journal kept for that purpose. (b) The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. Subd. 5. Public access to journal. The journal must be open to the public during all normal business hours where records of the public body are kept. Subd. 6. Public copy of members' materials. (a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; shall be available in the meeting room for inspection by the public while the governing body considers their subj ect matter. Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2009 13D.015 (b) This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in section 13D.03 or other law permitting the closing of meetings. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1 Sp2001 c 10 art 4 s 1 13D.015 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS. Subdivision 1. Application. This section applies to: (l) a state agency, board, commission, or department, and a statewide public pension plan defined in section 356A.Ol, subdivision 24; and (2) a committee, subcommittee, board, department, or commission of an entity listed in clause (l). Subd. 2. Conditions. An entity listed in subdivision 1 may conduct a meeting governed by this section and section 13D.Ol, subdivisions 1,2,4, and 5, by telephone or other electronic means so long as the following conditions are met: (1) all members of the entity participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (2) members of the public present at the regular meeting location of the entity can hear all discussion and all votes of members of the entity and participate in testimony; (3) at least one member of the entity is physically present at the regular meeting location; and (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded. Subd. 3. Quorum; participation. Each member of the entity participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 4. Monitoring from remote site; costs. If telephone or another electronic means is used to conduct a meeting, the entity, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The entity may require the person making a connection to pay for documented marginal costs that the entity incurs as a result of the additional connection. Subd. 5. Notice. If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the entity shall provide notice of the regular meeting location, Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2009 13D.02 of the fact that some members may participate by electronic means, and of the provisions of subdivision 4. The timing and method of providing notice is governed by section 13D.04. In addition, the entity must post the notice on its Web site at least ten days before the meeting. History: 2009 c 80 s 1 13D.02 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. Subdivision 1. Conditions. A meeting governed by section 13D.OI, subdivisions 1,2,4, and 5, and this section may be conducted by interactive television so long as: (l) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; (3) at least one member of the body is physically present at the regular meeting location; and (4) each location at which a member of the body is present is open and accessible to the public. Subd. 2. Members are present for quorum, participation. Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. If interactive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in section 13D.04. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2 Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2009 13D.021 13D.021 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS. Subdivision 1. Conditions. A meeting governed by this section and section 13D.OI, subdivisions I, 2, 4, and 5, may be conducted by telephone or other electronic means so long as the following conditions are met: (l) the presiding officer, chieflegal counsel, or chief administrative officer for the affected governing body determines that an in-person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic or an emergency declared under chapter 12; (2) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (3) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration; (4) at least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration; and (5) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded. Subd. 2. Members are present for quorum, participation. Each member of the body participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. If telephone or another electronic means is used to conduct a meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making a connection to pay for the documented additional cost that the body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of subdivision 3. The timing and method of providing notice is governed by section 13D.04 of the Open Meeting Law. History: 2007 c 11 0 s 1 Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2009 13D.04 13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY. Subdivision 1. Procedure. (a) Section 13D.Ol, subdivisions 1,2,4,5, and section 13D.02 do not apply to a meeting held pursuant to the procedure in this section. (b) The governing body ofa public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to sections l79A.Ol to 179A.25. (c) The time of commencement and place of the closed meeting shall be announced at the public meeting. (d) A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. Subd. 2. Meeting must be recorded. (a) The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense of the governing body. (b) The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. Subd. 3. If violation claimed. (a) If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this section during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. (b) Ifthe court finds that this section was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this section. (c) If the court finds that this section was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2 13D.04 NOTICE OF MEETINGS. Subdivision 1. Regular meetings. A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2009 13D.04 give the same notice of the meeting that is provided in this section for a special meeting. Subd. 2. Special meetings. (a) For a special meeting, except an emergency meeting or a special meeting for which a notice requirement is otherwise expressly established by statute, the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board, on the door of its usual meeting room. (b) The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at least three days before the date of the meeting. (c) As an alternative to mailing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, ifthere is none, in a qualified newspaper of general circulation within the area of the public body's authority. (d) A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects. (e) A public body may establish an expiration date for requests for notices of special meetings pursuant to this subdivision and require refiling of the request once each year. (f) Not more than 60 days before the expiration date of a request for notice, the public body shall send notice of the refiling requirement to each person who filed during the preceding year. Subd. 3. Emergency meetings. (a) For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. (b) Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body. (c) Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. (d) Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting is not required. (e) An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. (f) If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a specific description of the matters. Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2009 13D.05 (g) The notice requirement of this subdivision supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. Subd. 4. Recessed or continued meetings. (a) If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. (b) For purposes ofthis subdivision, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. Subd. 5. Closed meetings. The notice requirements ofthis section apply to closed meetings. Subd. 6. State agencies. For a meeting of an agency, board, commission, or department of the state: (l) the notice requirements of this section apply only if a statute governing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice; and (2) all provisions of this section relating to publication are satisfied by publication in the State Re gister. Subd. 7. Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this section are satisfied with respect to that person, regardless of the method of receipt of notice. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2 13D.05 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC. Subdivision 1. General principles. (a) Except as provided in this chapter, meetings may not be closed to discuss data that are not public data. (b) Data that are not public data may be discussed at a meeting subject to this chapter without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. (c) Data discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2009 13D.05 (d) All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Subd. 2. When meeting must be closed. (a) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: (I) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision 7, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; (3) educational data, health data, medical data, welfare data, or mental health data that are not public data under section 13.32, 13.3805, subdivision I, 13.384, or 13.46, subdivision 2 or 7; or (4) an individual's medical records governed by sections 144.291 to 144.298. (b) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subj ect of the meeting. Subd. 3. What meetings may be closed. (a) A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege. (c) A public body may close a meeting: (I) to determine the asking price for real or personal property to be sold by the government entity; (2) to review confidential or nonpublic appraisal data under section 13.44, subdivision 3; and (3) to develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before holding a closed meeting under this paragraph, the public body must identify on the record the particular real or personal property that is the subject of the closed meeting. The Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10 MINNESOTA STATUTES 2009 13D.06 proceedings of a meeting closed under this paragraph must be tape recorded at the expense of the public body. The recording must be preserved for eight years after the date of the meeting and made available to the public after all real or personal property discussed at the meeting has been purchased or sold or the governing body has abandoned the purchase or sale. The real or personal property that is the subject of the closed meeting must be specifically identified on the tape. A list of members and all other persons present at the closed meeting must be made available to the public after the closed meeting. If an action is brought claiming that public business other than discussions allowed under this paragraph was transacted at a closed meeting held under this paragraph during the time when the tape is not available to the public, section 13D.03, subdivision 3, applies. An agreement reached that is based on an offer considered at a closed meeting is contingent on approval of the public body at an open meeting. The actual purchase or sale must be approved at an open meeting after the notice period required by statute or the governing body's internal procedures, and the purchase price or sale price is public data. (d) Meetings may be closed to receive security briefings and reports, to discuss issues related to security systems, to discuss emergency response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure and facilities, if disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting. Before closing a meeting under this paragraph, the public body, in describing the subject to be discussed, must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. A closed meeting must be tape recorded at the expense of the governing body, and the recording must be preserved for at least four years. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1999 c 227 s 22; 2002 c 379 art 1 s 5; 2004 c 276 s 1; 2004 c 290 s 18; 2007 c 11 0 s 2; 2007 c 147 art 10 s 15; 2008 c 335 s 1 13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES. Subdivision 1. Personal liability for $300 fine. Any person who intentionally violates this chapter shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body. Subd. 2. Who may bring action; where. An action to enforce the penalty in subdivision I may be brought by any person in any court of competent jurisdiction where the administrative Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 MINNESOTA STATUTES 2009 13D.06 office of the governing body is located. Subd. 3. Forfeit office ifthree violations. (a) If a person has been found to have intentionally violated this chapter in three or more actions brought under this chapter involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. (b) The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations, issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. (c) As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. Subd. 4. Costs; attorney fees; requirements; limits. (a) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under this chapter. (b) The court may award costs and attorney fees to a defendant only if the court finds that the action under this chapter was frivolous and without merit. (c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members in an action under this chapter. (d) No monetary penalties or attorney fees may be awarded against a member ofa public body unless the court finds that there was an intent to violate this chapter. (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action under this section if the public body that is the defendant in the action was also the subject of a prior written opinion issued under section 13.072, and the court finds that the opinion is directly related to the cause of action being litigated and that the public body did not act in conformity with the opinion. The court shall give deference to the opinion in a proceeding brought under this section. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 2008 c 335 s 2 Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 12 MINNESOTA STATUTES 2009 13D.07 13D.07 CITATION. This chapter may be cited as the "Minnesota Open Meeting Law." History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2 Copyright IQ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. INFORMATION BRIEF Research Department Minnesota House of Representatives 600 State Office Building St. Paul, MN 55155 Deborah A. Dyson, Legislative Analyst 651-296-8291 Revised: November 2008 Minnesota Open Meeting Law The Minnesota Open Meeting Law' requires that meetings of governmental bodies generally be open to the public. The Minnesota Supreme Court has articulated three purposes ofthe law: . To prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed about a public board's decisions or to detect improper influences . To assure the public's right to be informed . To afford the public an opportunity to present its views to the public body' This information brief discusses the groups and types of meetings covered by the open meeting law, and then reviews the requirements of and exceptions to the law and the penalties for its violation. Contents Law...................................2 l,aw.................................................................5 to Law. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7 .................................................................................................................11 ....................................................................................................................12 'Mmn. Stat eil. 131) (recoded fromiv1mn. Stat i) 471.705 in 2(00). The Minnesota Open Meeting Law was originally enacted in Laws 1957, chapter 773, section 1. , Prior Lake American v. Mader, 642 N.W.2d 729,735 (Minn. 2(02) (citing St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1, 4 (Minn. 1983)). While the courts consistently say that the open meeting law is to afford the public an opportunity to present its views to the public body, there is no general right for members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specify that a hearing on a particular matter must be held at which anyone who wishes to address the public body may do so. See, e.g., Minn. Stat i) 1 subd. 2. Copies of this publication may be obtained by calling 651-296-6753. This document can be made available in alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at 711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the Internet at: www.house.mn/hrd/hrd.htm. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 2 Groups and Meetings Governed by the Open Meeting Law The law applies to all levels of state and local government. The open meeting law applies to: . a state agency, board, commission, or department when it is required or permitted by law to transact public business in a meeting; . the governing body of any school district, unorganized territory, county, city, town, or other public body; . a committee, subcommittee, board, department, or commission of a public body subject to the law; and . the governing body or a committee of a statewide or local public pension plan.3 "Public body" is not defined but the Minnesota Supreme Court has stated that "[i]n common understanding, 'public body' is possibly the broadest expression for the category of governmental entities that perform functions for the public benefit.'" In determining whether the open meeting law applies to a particular entity, one should look at all ofthe entity's characteristics. For example, in a 1998 case, the Minnesota Supreme Court held that because the statute authorizing creation of a municipal power agency authorized an agency to conduct its affairs as a private corporation, it could hold closed meetings.' The court held so notwithstanding the statute that provides for municipal power agencies to be political subdivisions ofthe state.' The open meeting law and the Government Data Practices Act apply to the University of Minnesota Board of Regents, and the application of these laws to the university does not violate the university's constitutional autonomy7 3 Minn. Stat. S I 3D. 0 I, subd. 1. , Star Tribune Co. v. University a/Minnesota Board a/Regents, 683 NW.2d 274, 280 (Minn. 2004). 5 SouthemMinn. Mun. Power Agency v. Boyne, 578 NW.2d 362,364 (Minn. 1998) (citingiYlinn. Stat S subd. 21, and discussing the factors that distinguish a public corporation from a private corporation). 6 MlIm. Stat S subd. 1,11 (I) (The agency agreement shall state: "(I) That the municipal power agency is created and incorporated. as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;"). 7 Star Tribune Co., 683 N.W.2d 274. In 2002, Mark Yudofresigned from the presidency of the University of Minnesota. When finalists for the position had been selected but not announced, the Board of Regents closed a meeting to interview them, ensuring their privacy. The university asserted that its constitutional autonomy meant it was not subject to these laws. A number of newspapers sued, claiming that the university is subject to the open meeting law and data practices act, and that it violated both laws. The district court and court of appeals agreed with the newspapers, and the state supreme court affirmed those decisions. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 3 The law generally applies to nonprofit corporations created by governmental entities. The list of groups covered by the open meeting law does not refer to nonprofit corporations created by a governmental entity. However, the law creating a specific public nonprofit corporation may specify that it is subject to the open meeting law8 In addition, corporations created by political subdivisions are clearly subject to the open meeting law.' Gatherings of less than a quorum of a public body are not subject to the law; a "meeting" is held when the group is capable of exercising decision-making powers. The Minnesota Supreme Court has held that the open meeting law applies only to a quorum or more of members of the governing body or a committee, subcommittee, board, department, or commission ofthe governing body.1O Serial meetings in groups ofless than a quorum held in order to avoid open meeting law requirements may also be found to be a violation, depending on the facts of the casel! A public body subject to the law should be cautious about using e-mail to communicate with other members ofthe body. Although the statute does not specifically address the use of e-mail, it is likely that the court would analyze use of e-mail in the same way as it has telephone conversations and letters12 That is, communication about official business through telephone conversations or letters by a quorum of a public body subject to the law would violate the law. Serial communication through telephone conversations or letters by less than a quorum with the intent to avoid a public hearing or to come to an agreement on an issue relating to official business could also violate the law. In a 1993 case, the Minnesota Court of Appeals held that the open meeting law was not violated when two offive city council members attended private mediation sessions related to city 8 E.g., Minn. Stat subd. 6 (Minnesota Risk Adjustment Association); 1160.03, subd. 5 (Minnesota Technology, Inc.); 116V01, subd. 10 (Agricultural Utilization Research Institute); II subds. 6 and 7 (1v1innesota Business Finance, Inc.); subd. 4 (1v1innesota Commission on National and Community Service may create a nonprofit but it is subject to the open meeting law); 128c.n (State High School League); and Laws eh Ii 2, subd. 6 (Lake Superior Center Authority). 9~lilln Stat Ii subd. 9 (enacted by Laws eh art 1, S 2, subd. 9). A 1986 attorney general opinion stated that the open meeting law did not apply to nonprofit corporations created by political subdivisions. Op. Att'y Gen. 92a-30, Jan. 29, 1986. The 1999 Legislature established a task force to recommend legislation in 2000, governing corporations created by political subdivisions. Laws eh. 186. Among other things, the 2000 legislation addressed the issue of application of the open meeting law, stating that the law applied and a corporation created by a political subdivision cannot be exempted from it. 10 Mobergv. Independent School Dist. No. 281, 336NW.2d51O (Minn. 1983). 11 Id at 518; see also Mankato Free Press Co. v. City of North Mankato, 563 NW.2d 291, 295 (Minn. App. 1997). On remand to the district court for a factual finding on whether the city used serial interviews to avoid the open meeting law, the trial court found, and the court of appeals affinned, that the serial meetings were not held to avoid the law. Mankato Free Press Co. v. City of North Mankato, 1998 WL 865714 (Minn. App. 1998) (unpublished opinion). 12 Moberg, 336 NW.2d at 518. The Commissioner of Administration stated in a July 9, 2008, opinion that an e-mail sent to all members of a city council was effectively "printed material" that should be available to members of the public and also suggested that the legislature revise the statute to recognize the use of electronic and other types of communications. Minn. Dept of Admin. Advisory Op. 08-15. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 4 business. The court determined that the two council members did not constitute a committee or subcommittee ofthe council because the group was not capable of exercising decision-making powers13 The law applies to infonnational meetings. The Minnesota Supreme Court has held that the open meeting law applies to all gatherings of members of a governing body, regardless of whether or not action is taken or contemplated. Thus, a gathering of members of a public body for an informational seminar on matters currently facing the body or that might come before the body must be conducted openly.14 However, a 1975 attorney general opinion stated that city council attendance at a League of Minnesota Cities training program for city officials did not violate the open meeting law ifthe members did not discuss specific municipal business." Under a 2007 law, it appears that informational meetings ofthe Legislative-Citizen Commission on Minnesota Resources may be closed." The law does not cover chance or social gatherings. The open meeting law does not apply to chance or social gatherings of members of a public body.17 However, a quorum of a public body may not, as a group, discuss or receive information on official business in any setting under the guise of a private social gathering." The law does not apply to certain types of advisory groups. The Minnesota Court of Appeals has held that the open meeting law does not apply to certain types of advisory groups." In that case, a presidential search advisory committee to the University of Minnesota Board of Regents was held not to be a committee of the governing body for purposes ofthe open meeting law. In reaching its holding, the court pointed out that no regents were on the search committee and that the committee had no power to set policy or make a final decision. It is not clear if a court would reach the same result if members of the governing body were also on the advisory committee. Depending on the number of members of the governing body involved and on the form of the delegation of authority from the governing 13 Sovereign v. Dunn, 498 NW.2d 62 (Minn. App. 1993). 14 St. Cloud Newspapers, Inc. v. District 742 Cmty. Schools, 332 NW.2d 1 (Minn. 1983). " Op. Att'y Gen. 63a-5, Feb. 5, 1975. "Mmn. Stat. Ii I 16P subd. 5 ("(a) Meetings of the commission, committees or subcommittees of the commission, technical advisory committees, and peer review panels must be open to the public. The commission shall attempt to meet throughout various regions of the state during each biennium. For purposes of this subdivision, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the commission, a committee or subcommittee of the commission, a technical advisory committee, or a peer review panel. (b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055, subdivision 2. For nonlegislative members of the commission, enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2." (emphasis added)). 17 St. Cloud Newspapers, Inc., 332 N.W.2d at 7. "Moberg, 336 NW.2d at 518. " The Minnesota Daily v. University a/Minnesota, 432 N.W.2d 189 (Minn. App. 1988). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 5 body to the members, a court might consider the advisory committee to be a committee of the governing body. A separate law applies to the legislature. In 1990, the legislature passed a law separate from the open meeting law that requires all legislative meetings be open to the public.20 The law applies to House and Senate floor sessions and to meetings of committees, subcommittees, conference committees, and legislative commissions. For purposes of this law, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction ofthe group. Each house of the legislature must adopt rules to implement these requirements. Remedies provided under these rules are the exclusive means of enforcing this law. Requirements of the Open Meeting Law The primary requirement of the open meeting law is that meetings be open to the public. The law also requires that votes in open meetings be recorded in a journal and that the journal be open to the public. The vote of each member must be recorded on appropriations of money, except for payments of judgments and claims and amounts fixed by statute.21 A straw ballot to narrow the list of candidates for city administrator and not made public was held to be a secret vote in violation ofthe open meeting law.22 Open meetings must be held in a public place within the borders ofthe public body.23 Meetings may be held by interactive television if specified conditions are met to ensure openness and accessibility for those who wish to attend.24 Specific agencies have broader authority to hold meetings by telephone conference call or other electronic means as long as specified conditions are met to ensure openness and accessibility for those who wish to attend. In addition, a meeting of any public body may be conducted by telephone or other electronic means if a health pandemic or other emergency makes meeting in person impractical or imprudent and all ofthe same conditions as for other meetings held by telephone conference call or other electronic means are met, unless unfeasible due to the pandemic or emergency. In general, those conditions include the following: 20 Minn. Stat. Ii .3055 (added by Laws 1990, ch. 608, art. 6, S 1). 21 Minn. Stat. Ii UnOl, subds. 4 and 5. 22 Mankato Free Press Co., 563 N.W.2d at 295-96. 23 Quastv. Knutson, 150 N.W.2d 199, 200 (Minn. 1967) (school board meeting held 20 miles outside the jurisdiction of the school board at a private office did not comply with open meeting law; consolidation proceedings were fatally defective because the resolution by which the proceedings were initiated was not adopted at a public meeting as required by law). 24 Mlim. Stat. S UDO:. See also Mirm. Stat. S 471 subd. 2 (joint powers board for educational purposes). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 6 . All members of the body can hear one another and can hear all discussion and testimony . Members ofthe public at the regular meeting location can hear all discussion, testimony, and votes . At least one member ofthe body, chief legal counsel, or chief administrative officer is present at the regular meeting location . All votes are conducted by roll call . The public body must allow a person to monitor the meeting electronically from another location. The body may require the person to pay for any documented additional costs the body incurs as a result ofthe additional connection . The public body must give notice ofthe regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the right ofthe public to monitor the meeting from another 10cation25 The law requires public bodies to give notice of their meetings. In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation ofthe open meeting law.26 The court has also held that it is a violation ofthe open meeting law to conduct business before the time publicly announced for a meeting.27 In 1987, the legislature spelled out the notice requirements in statute for regular, special, emergency, and closed meetings. Public bodies must do the following: . Keep schedules of regular meetings on file at their offices28 . Post notice of special meetings (meetings held at a time or place different for regular meetings) on their principal bulletin board. The public body must also either mail notice to people who have requested such mailings, or publish notice in the official newspaper, at least three days before the meetings29 2'Minn. Stat 131)021 (health pandemic, other emergency); 350661 (Board of Animal Health during restricted travel for animal health reasons); 41 A0235 (Minnesota Agricultural and Economic Development Board); 41 B026 (Rural Finance Agency); 11 subd. 5 (Small Business Development Center Advisory Board); 1 subd. 8 (Minnesota Jobs Skills Partnership Board); I subd. 2a (Governor's Workforce Development Council); 116,,1 subd. 5 (Urban Initiative Board); 1161J.25 (Explore Minnesota Tourism Council); 129C.105 (perpich Center for Arts Education); 248. 10 (Rehabilitation Council for the Blind); subd. 5b (Minnesota State Council on Disability); subd. 2a. (Minnesota Board on Aging); subd. 7 (Commission of Deaf, Deaf-Blind, and Hard of Hearing Minnesotans); subd. 3 (State Rehabilitation Council and Statewide Independent Living Council); subd. 7 (Board of Electricity); subd. 7 (Board of Plumbing); 341 .26 (Combative Sports Commission); 4621\.041 (Minnesota Housing Finance Agency). 26 Sullivan v. Credit River Township, 217NW.2d 502 (1974). 27 Merz v. Leitch, 342 NW.2d 141, 145 (Minn. 1(84). 28 Mlim. Stat S 13D.04, subd. 1 (s 13D.04, previously S 471 subd. lc, was added by Laws eh.3 S 1). 2'J'vEnn. Stat S 1 subd. 2; Rupp v. Mayasich, 533 NW.2d 893 (Minn. App. 1(95) (bulletin board must be reasonably accessible to the public). A February 3,2004, advisory opinion by the Commissioner of House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 7 . Make good faith efforts to notify news media that have filed written requests (with telephone numbers) for notice of emergency meetings (special meetings called because of circumstances that require immediate consideration)30 The same notice requirements apply to closed meetings.31 For state agencies, absent any other specific law governing notice, publication requirements can be satisfied by publishing notice in the State Register.32 The law requires relevant materials to be publicly available. The open meeting law requires that for open meetings, at least one copy of any printed material prepared by the public body and distributed or available to all members ofthe public body also be available in the meeting room for inspection by the public. This requirement does not apply to materials that are classified as other than public under the Government Data Practices ActD Exceptions to the Open Meeting Law A closed meeting, except one closed under the attorney-client privilege, must be electronically recorded at the expense ofthe public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date ofthe meeting.34 The law does not apply to state agency disciplinary hearings. The open meeting law does not apply to any state agency, board, or commission when exercising quasi-judicial functions involving disciplinary hearings.35 Certain meetings involving employee evaluation or discipline must be closed. A public body must close meetings for preliminary consideration of allegations or charges against an individual subject to its authority.36 lfthe members of the public body conclude that discipline may be warranted as a result of those charges, further meetings or hearings relating to Administration stated that a public body's actions at a special meeting are limited to those topics included in the notice of special meeting. Minnesota Department of Administration Advisory Opinion 04-004. 30 Mlim. Stal !i 13D.04, subd. 3. 31iY1mn. Stat !i ] subd. 5. 32 Minn. Stal !i 13D.04, subd. 6. 33 Minn. Stal !i UD. 0 I, subd. 6. 34 \lmn Stat S I subd. 1, cl. (d). 35 Minn. Stat !i I subd. 2 (2); see also Zahavy v. University a/Minnesota, 544 N.W2d 32,41-42 (Minn. App. 1996). 36 Mlim. Stal !i 13D.05, subd. 2 (b). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 8 the charges must be open. subj ect ofthe meeting. Meetings must also be open at the request of the individual who is the Statutes other than the open meeting law may permit or require closed meetings for certain local governmental bodies to conduct specific kinds of disciplinary hearings. For example, school board hearings held to discharge or demote a teacher are private unless the affected teacher wants a public hearing.'7 A public body may close a meeting to evaluate the performance of an individual who is subject to its authority.38 Before closing a meeting, the public body must identify the individual to be evaluated. The public body must summarize the conclusions ofthe evaluation at its next open meeting. An evaluation meeting must be open at the request ofthe subject ofthe meeting. A meeting must be closed if an individual's medical records governed by 144291 to are discussed.39 A meeting may be closed to discuss labor negotiations. The open meeting law permits a public body to hold a closed meeting to discuss strategy and proposals for labor negotiations conducted under the Public Employment Labor Relations Act.40 The statute specifies procedures for tape-recording ofthese meetings, and for the recordings to become public when negotiations are completed4! Another law permits the Commissioner ofthe Bureau of Mediation Services to close negotiations and mediation sessions between public employers and public employees. These negotiations are public meetings, unless the commissioner closes them.42 The law penuits closed meetings based on a limited attorney-client privilege. In 1976, the Minnesota Supreme Court held that there is a limited exception, based on the attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation.43 In 1990, the legislature added the attorney-client exception to the open meeting law.44 Although the statute is not limited, the court has since held that the scope of the exception remains limited in relation to the open meeting law.45 37 Mlim. Stal !i subd. 9. 38 Mlim. Stal !i 13D.05, subd. 3(a). 39:Vlmn. Stat !i ] subd. 2. 40 Minn. Stal !i LJD.03, subd. 1. 4! Minn. Stal !i LJD.03, subd. 2. 42 Minn. Stat !i 179/\ subd.3. 43 Minneapolis Star & Tribune Co. v. Housing & Redevelopment Auth., 251 N.W.2d 620, 626 (1976). 44 Mlim. Stal !i 13D.05, subd. 3(b) (added by Laws 1990, ch. 550 !i 2). 45 Star Tribune v. Board of Ed, Special School Dist. No.1, 507 N.W.2d 869 (Minn. App. 1993) review denied (Minn. Dec. 22, 1993). The court of appeals did not accept the argument that the statutory exception encompassed the full attorney-client privilege because that would result in the exception swallowing the rule in favor of open meetings. In 2002, the Minnesota Supreme Court restated that the attorney-client privilege exception only applies House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 9 The attorney-client privilege exception does not apply to a mere request for general legal advice. Nor does it apply when a governing body seeks to discuss with its attorney the strengths and weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future lawsuits because that can be viewed as general legal advice. Furthermore, discussion of proposed legislation is just the sort of discussion that should be public.46 In order to close a meeting under the attorney-client privilege exception, the governing body must give a particularized statement describing the subj ect to be discussed. A general statement that the meeting is being closed to discuss pending or threatened litigation is not sufficient. 47 A meeting may be closed to address certain security issues. If disclosure ofthe information discussed would pose a danger to public safety or compromise security procedures or responses, a meeting may be closed to: . receive security briefings and reports, . discuss issues related to security systems, . discuss emergency response procedures, and . discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities. Before closing a meeting, the public body must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. A closed meeting must be tape-recorded at the expense ofthe governing body, and the recording must be preserved for at least four years. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting.48 when the purposes for the exception outweigh the purposes of the open meeting law. In that case, the city council was threatened with a lawsuit if it did not grant a request The court found that the threat of a lawsuit did not warrant closing the meeting. Prior Lake American v. Mader, 642 NW.2d 729 (Minn. 2002) (en bane). Cf Brainerd Daily Dispatch v. Dehen, 693 NW.2d 435 (Minn. App. 2005) (applying analysis of StarTribune and Prior Lake American, finding threats were sufficiently specific and imminent that confidential consultation with legal counsel appointed by city's insurer to discuss defense strategy or reconciliation to address a threatened lawsuit justified closing the meeting). 46 Northwest Publications, Inc. v. City of St. Paul, 435 NW.2d 64, 68 (Minn. App. 1989); Star Tribune, 507 NW2d at 872. 47 The Free Press v. County of Blue Earth, 677 NW.2d 471 (Minn. App. 2004). 48 Mlim. Stat !i 13D.05, subd. 3. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 10 A meeting may be closed to discuss certain issues relating to government property sales or purchases. A public body may close a meeting to: . determine the asking price for real or personal property to be sold by the government entity; . review confidential or nonpublic appraisal data; and . develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before holding a closed meeting, the public body must identify on the record the particular property that is the subject ofthe closed meeting. The proceedings must be tape-recorded at the expense of the public body. The recording must be preserved for eight years after the date ofthe meeting and made available to the public after all property discussed at the meeting has been purchased or sold or the governing body has abandoned the purchase or sale. The property that is the subject of the closed meeting must be specifically identified on the tape. A list of members and all other persons present at the closed meeting must be made available to the public after the closed meeting. If an action is brought claiming that public business other than discussions allowed under this exception was transacted at a closed meeting held during the time when the tape is not available to the public, the court would review the recording of the meeting in camera and either dismiss the action if the court finds no violation, or permit use of the recording at trial (subject to protective orders) ifthe court finds there is a violation.49 An agreement reached that is based on an offer considered at a closed meeting is contingent on approval ofthe public body at an open meeting. The actual purchase or sale must be approved at an open meeting after the notice period required by statute or the governing body's internal procedures, and the purchase price or sale price is public data. 50 There is a narrow exception for certain meetings of public hospital boards. Boards of public hospitals and certain health organizations may close meetings to discuss competitive market activities and contracts. 51 On-site inspections by town board members are not subject to the law. The law does not apply to a gathering oftown board members to perform on-site inspections, if the town has no employees or other staff able to perform the inspections and the town board is acting essentially in a staff capacity. The town board must make good faith efforts to provide notice ofthe inspections to the media that have filed a written request, including a telephone 49 \lmn Stat S I 50 \lmn Stat S I section subd. 3, referring to S 13D.03, subd. 3. subd. 3. Property appraisal data covered by this law is described inlY1innesota subdivision 3. 51 Mlim. Stat S 144.581, subds. 4 and 5. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 11 number, for notice. Notice must be by telephone or by any other method used to notify the members of the public body. 52 The law does not apply to meetings of the Commissioner of Corrections. 53 The law specifies how it relates to the Government Data Practices Act. Except as specifically provided, public meetings may not be closed to discuss data that are not public data under the Government Data Practices Act.54 Data that are not public may be discussed at an open meeting without liability, if the matter discussed is within the public body's authority and if it is reasonably necessary to conduct the business before the public body. 55 A portion of a meeting must be closed ifthe following data are discussed: . Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults 56 . Active investigative data collected by a law enforcement agency, or internal affairs data relating to alleged misconduct by law enforcement personnel'7 . Certain types of educational, health, medical, welfare, or mental health data that are not public data58 Penalties The open meeting law provides a civil penalty of up to $300 for intentional violation." A person who is found to have intentionally violated the law in three or more legal actions involving the same governmental body forfeits the right to serve on that body for a time equal to the term the person was serving. The Minnesota Supreme Court has held that this removal provision is constitutional only ifthe conduct constitutes malfeasance or nonfeasance and provided that the violations occurred after the person had a reasonable amount of time to learn the responsibilities of office.60 52:Vlinn. Stat Ii subd.ll. 53 Mlim. Stat Ii UDOI, subd. 2 (I). This exception does not make sense. Until 1982, the exception was for meetings of the corrections board-a multimember body. A 1983 instruction directed the revisor of statutes to change "corrections board" to "commissioner of corrections" throughout the statutes. Laws 1983, ch. 274, Ii 18. 54 J'v1TIm. Stat. S 13D.05, subd. 1. 55 JVhnn. Stat. subd. 11, 13.05, subd. 4, ,-r (e), and 1 56 Mmn. Stat Ii I subd. 2 (a)(l). 57 I\Jinn. Stat S 13D.05, subd. 2 (a)(2). 58 Minn. Stat Ii 1 subd. 2 (a)(3). "Minn. Stat Ii 131)06. 60 Claude v. Collins, 518 NW.2d 836,843 (Minn. 1994) (discussing the constitutionality of provision relating to removal from office); see also Brown v. Cannon Falls Township, 723 NW.2d 31,41-44 (Minn. App. 2006) (discussing the statutory history and that since 1994 the statute has required three or more legal actions). subd.1. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 12 A public body may not pay a civil penalty on behalf of a person who violated the law. However, a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against a member of the body in an action under the open meeting law if the member was found not guilty of a violation." A court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under the open meeting law. However, the following conditions apply: . A court may award costs and attorney fees to a defendant only if it finds that the action was frivolous and without merit . A court may award monetary penalties or attorney fees against a member of a public body only ifthe court finds there was an intent to violate the open meeting law The court must award reasonable attorney fees to a prevailing plaintiff ifthe public body was also the subject of a prior written opinion issued by the Commissioner of Administration, and the court finds that the opinion is directly related to the cause of action being litigated and that the public body did not follow the opinion.62 The appropriate mechanism to enforce the open meeting law is to bring an action in district court seeking injunctive relief or damages. The statute does not provide for a declaratory judgment action.63 The Minnesota Supreme Court has held that actions taken at a meeting held in violation of the open meeting law are not invalid or rescindable.64 Advice Public bodies subject to the open meeting law may seek advice on the application ofthe law and how to comply with it from three sources: . The governmental entity's attorney . The attorney general" . The Commissioner of Administration" "Op. Att'y Gen. 471-a, Dec. 31, 1992; lvlinn Stat Ii subd. 4 (c). 62 Minn. Stat Ii ] 3D.06, subd. 4. 63 Rupp v. Mayasich, 561 NW.2d 555 (Minn. App. 1997). 64 Sullivan v. Credit River Township, 299 Minn. 170, 176-177,217 NW2d 502, 507 (Minn. 1974). 65 Under J'v1innesota Statutes, section the attorney general is the attorney for all state officers and boards or commissions created by law. Under J'v1innesota Statutes, section the attorney general, on request from an attorney for a county, city, town, public pension fund, school board, or unorganized area, gives written opinions on matters of public importance. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 13 An individual may seek advice from two sources: . The individual's attorney . The Commissioner of Administration'7 Since 2003, an individual who disagrees with the manner in which members of a governing body perform their duties under the open meeting law may request the Commissioner of Administration to give a written opinion on the governing body's compliance with the law. A governing body or person requesting an opinion ofthe Commissioner of Administration must pay a $200 fee ifthe commissioner issues an opinion. The commissioner may decide not to issue an opinion. Ifthe commissioner decides not to issue an opinion, the commissioner must notify the requester within five days of receipt of the request. Ifthe commissioner decides to issue an opinion, it must be done within 20 days of the request (with a 30-day extension possible for good cause and notice to the requester). The governing body must be allowed to explain how it performs its duties under the law. Opinions of the Commissioner of Administration are not binding, but a court must give the opinions deference. However, a governing body that follows an opinion is not liable for fines, attorney's fees or any other penalty, or forfeiture of office. For more information about open meetings and other issues related to the government, visit the government operations area of our web site, siaie. hIm. 66 \lmn Stat S I subds. 1 and 2. 67 rd.; see \V\v\v.ipad.state.mn.us,"opinionsiindex.html for access to prior opinions of the Commissioner of Administration or to find out how to request an opinion. LEAGUE OF MINNESOTA CITI S GOVERNING & MANAGING INFORMATION Official Conflict of Interest 140A.3 May 2004 16'11 (SDO, The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. UNLVI '-sin 1\\U M N CU2iJ'H LAX~ 1651 1",'fl\: W\\'\Vl HCORC @ 2007 League of Minnesota Cities All rights reserved Conflict of Interest Highlights 1. What is a conflict of interest? ? . A conflict of interest occurs when an individual has a personal interest in a decision about which he or she has the power to make. A prohibited personal interest may be contractual or non-contractual. It includes decisions in which personal involvement, gain or financial benefit exist for the decision-maker. The following elements must be considered: . Contracts. Public officers may not have a personal financial interest in any sale, lease, or contract that they are authorized to make in their official capacities. Council members of home rule charter cities should consult their city charters for additionallirnitations. . Incompatibility of offices. A public officer may not hold two positions if the positions' functions are inconsistent with one another. . Self-interest in non-contractual matters. Sometimes, elected officials find they have an interest in a non-contractual decision that the council will make. This type of interest is sometimes of a financial nature, but not always. These non-contractual matters may include such things as council decisions on zoning, local improvements, and the issuance oflicenses. An interested councilmember should generally abstain from discussing and voting on these matters. 2. Who is subject to the conflict of interest law for contracts? All public officers who have the authority to take part in making any sale, lease or contract in their official capacity are subject to the conflict of interest law. A "public officer" certainly includes council members. In some circumstances, it may also include non-elected officers and employees who are able to influence contracting decisions. ../ 3. What are some common exceptions to the conflict of interest law for contracts? The statute generally prohibits city councils from entering into a contract if one of its council members has an interest in it. However, there are several exceptions to the law. The following actions are permitted under certain circumstances, even if they affect the personal interests of a councilmember: . Designating a bank or savings association. . Designating an official newspaper. 2 League of Minnesota Cities . Contracting for goods or services that are not required to be competitively bid. . Contracting with a volunteer fire department for payment of wages or retirement benefits to its members. . Contracting for construction materials or services, ifthe contract is let by a sealed bid process and the city has a population of 1,000 or less. . Contracting to rent space in a public facility to a public officer at a rate similar to that paid by other renters. . Issuing a grant offered by a local development organization. There are several other less common exceptions that are described in Part III. A. 2. ofthis memo. ~ 4. Is there a special procedure to use if a contract is permitted under one of the exceptions? If a contract with an official is permitted under one ofthe exceptions in the law, the following must generally be done: . The council must approve the contract by unanimous vote. . The interested officer should abstain from voting on the matter. There are additional requirements for some ofthe exceptions that are described in Part III. A. 2. ofthis memo. 5. Who is subject to the law regarding incompatibility of offices? , . All persons in elected offices must be aware ofthis law. In addition, many city employees and appointed officials may also need to be aware ofthis law. 6. When are offices incompatible? Generally, positions are incompatible when one or more ofthe following conditions exist: . If one position: . hires or appoints the other. . performs functions that are inconsistent with the other. . makes contracts with the other. . approves the official bond ofthe other. Official Conflict of Interest 3 . If a specific statute or charter provision: . states that one person may not hold two or more specific positions. . requires that the officer may not take another position. . requires that the officer devote full-time to the position. 7. What are common problems in applying the laws? ? . Most questions seem to corne from situations involving a non-contractual interest of a councilmember. These are some of the more common: . Self-appointment. City officials may not generally appoint themselves to a position. . Contracts with relatives of a councilmember. Generally, a contract with a councilmember's relative is not prohibited unless the councilmember has a financial interest in the relative'8 business or income. . Zoning of a councilmember's land Generally, a city council is not prohibited from rezoning property owned by a councilmember. Because the rules for participating can vary on a case-by-case basis, cities should consult with their city attorneys before taking council action. . Local improvements. A councilmember is probably not prohibited from petitioning for an improvement that will benefit his or her property. Because the rules for participating can vary on a case-by-case basis, cities should consult with their city attorneys before taking council action. . Issuing licenses to councilmembers. Because the rules for participating can vary on a case-by-case basis, cities should consult with their city attorneys before taking council action. State rule prohibits a councilmember from voting on a liquor license application from a spouse or relative. 8. What happens if the city doesn't follow the conflict of interest laws? @ . Contracts. Any contract that has been made illegally is generally void. In addition, every public officer who violates the conflict of interest law can be found guilty of a gross misdemeanor, which has a penalty of a fine of up to $3,000 and imprisonment for up to one year. . Incompatible offices. If a public officer accepts a position that is incompatible with his or her office, the first office is automatically vacated. 4 League of Minnesota Cities . Non-contractual situations. Although the outcomes ofthese types of situations are less clear, a council decision could be reversed. There is also the potential of personal liability for the officials who are involved. 9. Where can cities get further information? ~ - The League of Minnesota Cities has several publications that discuss issues related to conflict of interest in more detail. Call the League's Research Department for further information, (651) 281-1200 or (800) 925-1122. Official Conflict of Interest 5 Table of Contents Conflict of Interest Highlights...................................................................................................................... 2 Part I. Introduction................................................................................................................................... 9 Part II. Prohibited gifts, economic disclosure, and political activities ...................................................... 9 B. Prohibited gifts.......................................................................................................................... 9 C. Conflict of interest and economic disclosure in metropolitan-area cities with populations over 50,000 11 D. Statements of economic interest for trustees of public pension plans..................................... 13 E. Lobbyist regulations.................................................................................................................... 14 F. Leave during political candidacy ................................................................................................14 Part III. Conflict of interest in contracts ...............................................................................................15 G. All cities.................................................................................................................................. 15 H. Statutory cities........................................................................................................................ 21 I. Horne rule charter cities ..............................................................................................................21 J. Specific kinds of contracts.......................................................................................................... 22 K. Contracts made in violation ofthe statutes .............................................................................26 Part IV. Conflict of interest in non-contractual situations .................................................................... 27 1.. In general.................................................................................................................................... 27 M. Disqualifying interest factors.................................................................................................. 28 N. Specific situations................................................................................................................... 29 O. Effect of disqualifying interest on action................................................................................ 34 P. Conflict of interest checklist .......................................................................................................34 Part V. Incompatibility of offices............................................................................................................ 35 Q. In general................................................................................................................................ 35 R. Elements of incompatible offices............................................................................................ 35 S. Violation of the incompatibility law ...........................................................................................36 T. Specific offices............................................................................................................................ 36 Part VI. Model forms............................................................................................................................ 39 Official Conflict of Interest 7 Minn. Stat S 471.895. Official Conflict of Interest Part I. Introduction State law sets many standards for public officers. Some ofthe most important and misunderstood are the laws addressing conflicts of interest. There are several different laws of which public officials should be aware. Generally, these laws do the following: . Prohibit public officials from accepting gifts. . Require disclosure of conflicts of interest and economic reporting. . Require certain reporting by lobbyists. . Prohibit conflicts of interest. . Prohibit officials from holding incompatible offices. As broad as these laws are, situations can arise that may not be clearly covered by them. While this document discusses the general principles behind these various laws, it is important to remember that the appearance of impropriety or of a conflict of interest can also be damaging to a councilmember's image and the city's reputation, even ifthe act is not specifically prohibited by law. Part II. Prohibited gifts, . econom IC disclosure, and pol itical activities B. Prohibited gifts 1. All Minnesota cities, in general Elected and appointed "local officials" may not receive a gift from any "interested person." An "interested person" is a person, or representative of a person or an association, who has a direct financial interest in a decision that a local official is authorized to make. This law applies to all cities in Minnesota. 9 Minn. Stat. ::; 471.895, subd.3. The law clearly applies to council members. However, since there is no definition ofthe term "local official," it is not known ifthe law covers all city employees or just certain high level employees, such as city managers or administrators. Until further clarification ofthe law, the safest course of action is to assume the law applies to all employees, regardless oftheir duties. 2. Exceptions for all Minnesota cities The following types of gifts are permitted under exceptions to the gift law: o Lawful campaign contributions. o Services to assist an official in the peiformance of official duties. These types of services include such things as providing advice, consultation, information, and communication in connection with legislation and services to constituents. o Services of insignificant monetary value. o A plaque or similar item. These items are permitted if given to recognize individual services in a field of specialty or a charitable cause. o A trinket or item of insignificant monetary value. o Informational material of unexceptional value. o Food or beverage given at a reception, meal or meeting by an organization before whom the recipient makes a speech or answers questions as part of a program. This exception is only available if the location ofthe reception, meal or meeting is away from the recipient's place of work. o Gifts given because of the recipient's membership in a group. However, the majority ofthe members ofthe group must not be local officials. In addition, the gift is only acceptable if an equivalent gift is given to the other members of the group. o Gifts between family members. However, the gift may not be given on the behalf of someone who is not a member ofthe family. o To national or multi-state organization conference attendees. The majority of dues paid to the organization must be from public funds, and the gift must be food or a beverage given at a reception or meal in which an equivalent gift is offered to all other attendees. 3. Metropolitan cities with populations over 50,000 10 League of Minnesota Cities Minn. Stat. S 471.895: Minn. Stat. ss 10A.071; 10A.01, subd.21. Minn. Stat. S 10A.OL subd. 22. fvlino. Stat. 9 10A.07. Metropolitan cities with a population over 50,000 are subject to an additional law. Local officials in these cities are also prohibited from receiving gifts from "lobbyists." A "lobbyist" is defined as: . Someone engaged in lobbying in the private or public sector; or, . A city employee or non-elected city official who spends more than 50 hours in any month attempting to influence govemmental action. A "local official" is an elected or appointed city official or a city employee with authority to make, recommend or vote on major decisions on the expenditure or investment of public funds. C. Conflict of interest and economic disclosure in metropolitan-area cities with populations over 50,000 1. Conflict of interest disclosure Elected and appointed officials of metropolitan cities with populations over 50,000 must disclose certain information ifthey will be involved in a decision that will affect their financial interests. The law affects elected or appointed city officials, or city employees with authority to make, recommend or vote on major decisions regarding the expenditure or investment of public funds. The law applies ifthe official or employee must make a decision or take an action that substantially affects his or her financial interests or those of a business with which he or she is associated. However, there is an exception ifthe effect is no greater for the interested business than for others in that business, occupation, or position. The interested official or employee must do the following: . Prepare a written statement describing the matter requiring action or decision and the nature ofthe potential conflict of interest. Official Conflict of Interest 11 :Mino. R. 4515.0500. :Mino. Stat. S 10A.01, slIbd.29. Mino. Stat. S 10A.09, slIbds. 6a, 1. . Deliver a copy ofthe notice to his or her superiors. 1. Ifthe official is an employee, he or she must deliver a copy ofthe statement to his or her immediate superior. 11. Ifthe official is directly responsible only to the city council, it should be given to the city council. iii. Ifthe city official is appointed, written notice should go to the chair ofthe unit. Ifthe potential conflict involves the chair, the written notice should go to the appointing authority (in most cases, the city council). iv. Ifthe official is an elected official, the written statement should go to the presiding officer (the mayor, in most instances). v. Ifthe potential conflict involves the mayor, the written notice should go to the acting presiding officer. . If a potential conflict of interest arises and there isn't time to comply with the above requirements, the city official must orally inform his or her superior or the city council. . The employee's superior must assign the matter to another employee who does not have a potential conflict of interest. . Ifthere is no immediate superior, the city official must abstain from influence over the action or decision, if possible, in a manner prescribed by the Campaign Finance and Public Disclosure Board (Public Disclosure Board). . Ifthe city official is not permitted to abstain or cannot abstain, he or she must file a statement describing the potential conflict and the action taken. The city official must file this statement with the city council within a week ofthe action. 2. Statements of economic interest a. Information required City officials in cities within the seven-county metropolitan area with populations over 50,000 (as determined by the most recent federal census, a special U.S. census, an estimate by the Met Council, or the state demographer) must file a statement of economic interest. The statement must be filed with the local official's governing body and the Public Disclosure Board and must report the following information: . Their name, address, occupation, and principal place of business. . The name of each associated business (and the nature of that association). 12 League of Minnesota Cities Minn. Stat. S lOA.09, subd.5. Minn. Stat. S lOA.09, subd. 6: Minn. R. 4505.0900. Minn. Stat. S 383B.053. :Minn. Stat. S lOA.09, subd.2. More information is available on the Campaign Finance and Public Disclosure Board'sweb site at: \V\V\V . c:fboard.state .rnn. us. Official Conflict of Interest . Option-based, direct, or indirect interests in all real property within the state (except homestead property). . Interests in horse-race-track property or racehorses in or out ofthe state. City officials can get a form for the disclosure of economic interests from the Public Disclosure Board. Officials must then file supplementary statements each year by April 15, and a final statement upon leaving office. There are similar additional requirements for elected officials of cities in Hennepin County with populations greater than 75,000. b. Time for filing An individual must file a statement of economic interest with the Public Disclosure Board by the following dates: . Within 60 days of accepting employment as a local official; or, . Within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective office. c. Notification Upon receiving an affidavit of candidacy or a petition to appear on the ballot from someone who is required to file a statement of economic interest, the county auditor must notify the Public Disclosure Board. Likewise, an official who nominates or employs a city official who is required to file a statement of economic interest must also notify the Public Disclosure Board. The county auditor, or nominating/employing official, must provide the Public Disclosure Board with the following information: . The name ofthe person required to file the statement of economic interest. . The date ofthe affidavit of candidacy, petition or nomination. The city official must also file the statement with the city council. The city council must maintain these statements as public data. For more information, contact the Public Disclosure Board at (651) 296-5148. D. Statements of economic interest for trustees of public pension plans 1. Information required 13 Minn. Stat. S 356A.06, subd.4 (C). Minn. Stat. S 356A.06, subd.4. :Minn. Stat. 9 10A.04. Minn. Stat. ss 10A.Ol, subd. 11; 10A.04, subd. ". Minn. Stat. S 10A.04. subd.4 (c). SeePartII-A- Prohibited gifts. Mino. Stat. S 10A.Ol, subd.33. 14 Each member ofthe goveming board of a public pension plan must file a statement of economic interest with the plan. This includes the trustees of local relief association pension plans (both regular trustees and ex-officio trustees, such as the mayor and clerk). The statement must include the following: . The person's principal occupation and place of business. . Whether or not the person has an interest of 10 percent or more in an investment security brokerage business, a real-estate-sales business, an insurance agency, a bank, a savings and loan, or another financial institution. . Any relationship or financial arrangement that could give rise to a conflict of interest. 2. Time for filing The statement must be filed annually with the plan's chief administrative officer. It must be available for public inspection during regular office hours at the pension plan's office. Information must also be filed each year by Jan. 15 with the Public Disclosure Board. E. Lobbyist regulations State law contains broad lobbyist reporting requirements. Lobbyists who attempt to influence the actions of metropolitan governmental units must report expenditures for these activities in addition to expenditures for state legislative and administrative lobbying activities. City employees and non-elected city officials who spend more than 50 hours in any month on lobbying activities must register and submit reports of lobbying expenses to the Public Disclosure Board each year by Jan. 15 and June 15. These reports must include gifts and items or benefits valued at $5 or more that lobbyists give to local officials, state lawmakers or other public office holders. Campaign contributions to a candidate are excluded from this particular reporting requirement. However, cities should note that even though the reporting requirement applies at the $5 amount, this does not necessarily exempt lesser amounts from the gift law. Associations that spend more than $500 for lobbying, or $50,000 or more to influence public policy decisions at the metropolitan or state level, must also file spending reports. These reports must indicate the levels oftotal spending for both local and state lobbying activities. F. Leave during political candidacy League of Minnesota Cities 5 USe. 99 1502-3; Minn. Stat. 9211B.09. Marlin v. Itasca County, 448 N.W.2d 368 (Minn. 1989). Minn. Stat. 9 43A.32; 5 USe. 991501-2: 5 lJ.S.e. 97324. Minn. Stats. 99 10A.20, subd. 11; 211B.09-.l0; 18 u.s.e. 99600-601; 5IJ.S.C. 9 1503. Minn. Stat. 9471.87. Official Conflict of Interest The extent to which a city can control the political activities of its employees is unclear. State law prohibits public employees from using their official authority or influence to compel a person to apply for membership or become a member of a political organization, to payor promise to pay a political contribution, or to take part in political activity. State law also prohibits a political subdivision from imposing or enforcing additionallirnitations on the political activities of employees. However, the Minnesota Supreme Court has held that a county could adopt a policy to require employees to take an unpaid leave during a political candidacy. The court also held that a county employee who was a candidate for a county office had no due process right to a hearing before being placed on unpaid leave. The court reasoned that a local government has an interest in prohibiting government employees from certain political activity. As a result, a legislative body could prohibit a government employee from becoming a candidate for elective office to prevent potential conflict in the workplace between the employee and the supervisor-incumbent during the campaign, and also to prevent any coercion of fellow employees and subordinates to assist in the political campaign. For these reasons, the court stated that a local government could suspend, or even discharge, a government employee who seeks elective office. It is important to note that the court did not discuss whether such a policy may also be applied to the incumbent who was running for re-election. The court also did not consider several statutes that appear to limit the restrictions employers may impose on their employees' political activities. Cities should exercise caution when adopting a policy to regulate the political activities of employees. Part III. Conflict of interest in contracts G. All cities 1. In general Generally, public officers may not have a personal financial interest in a sale, lease or contract they are authorized to make in their official capacity. A "public officer" certainly includes a mayor, a councilmember or an elected official. In some circumstances, the designation may also include appointed officers and employees who are able to influence contracting decisions. 15 A.G. Op. 90-E-5 (Nov. 13.1969); A.G. Op. 90e-6 (June 15, 1988). A.G. Op. 90e-6 (June 15.1988). A.G. Op. 470 (June 9, 1967). Minn. Stat. S 471.881. Minn. Stat. 9471.88- subd. 1; 1989 Street Improvement Program v. Denmark Township, 483 NW.2d 508 (Minn. App. 1992). 1989 Street Improvement Program v. Denmark Township, 483 NW.2d 508 (Minn. App. 1992). See Part IV -E- Conflict of inter est check list. 16 The attorney general has advised that the conflict of interest law applies to any councilmember "who is authorized to take part in any manner" in the making ofthe contract. Simply abstaining from voting on the contract will not allow the contract to be made. The attorney general reasoned that ifthe Legislature had only wanted to prohibit a contract with an interested officer who votes on the contract, it would not have used the word "authorized." A literal reading ofthe statute might suggest that it does not apply to city officers who are unable to make a contract on behalf ofthe city. However, the attorney general has given the statute a broad interpretation, which could mean the statute affects more officials than just those who actually make the decision to enter into the contract. As a result, it may be wise to take a conservative approach regarding contracts with any city official. The clerk in a Standard Plan statutory city, or in a home rule charter city having a similar plan of government, is a member ofthe council but occupies a peculiar position. He or she is subject to the conflict of interest statutes and may not be interested in a contract with the council. However, the council is allowed to impose duties on the clerk in addition to those assigned by statute, and the council may fix the clerk's compensation for those duties. 2. Exceptions and the procedures to use them There are several important exceptions to the conflict of interest law on contracts. These exceptions apply to all cities, despite any other statutes or charter provisions. Generally, an exception may only be used when approved by unanimous vote ofthe council. In the past, it has been unclear whether this meant an interested officer should vote or abstain. However, a 1992 decision by the Minnesota Court of Appeals suggests that an interested officer should abstain from voting, even when not expressly required to do so under the law. The case dealt with a local improvement that was to be paid for with special assessments. Two members ofthe town board owned properties that would be specially assessed. The two interested board members abstained from voting on whether the improvement should occur. The remaining three board members approved the project. The township was challenged because the project had not received the required four-fifths majority vote ofthe board. However, the court said the two interested board members were correct not to have voted on the project since their interests disqualified them from voting. As a result, the remaining three board members' votes were sufficient to unanimously approve the project. An interested officer should disclose his or her interest at the earliest stage and abstain from voting or deliberating on any contract in which he or she has an interest. The remainder ofthe council must unanimously approve the contract. There are also additional requirements for some ofthe exceptions that are discussed below. League of Minnesota Cities Minn. Stat. S 471.88, subd.2. :Minn. Stat. ct!. 1I8A. Minn. Stat. S 471.88, subd.3. Minn. Stat. S 331A.04. Minn. Stat. S 471.88, subd.4. Official Conflict of Interest The following exceptions are allowed ifthe proper procedure is followed: . The designation of a bank or savings association as an authorized depository for public funds and as a source of borrowing. No restriction applies to the designation of a depository or the deposit of public funds in the depository as long as the funds are protected in accordance with state law. Procedure. The following must occur to use this exception: 1. The council must approve the designation by unanimous vote. 11. The official who has an interest in the bank or savings association must disclose this fact, and it must be entered in the council meeting minutes. The official must make this disclosure when the bank or savings association is first designated or when the official is first elected (ifthat occurs later). The disclosure serves as notice ofthe interest and is only necessary once. 111. The interested officer should abstain from voting on the matter. . The designation of an official newspaper or the publication of official matters in the newspaper. This exception applies only ifthe interested official's newspaper is the only publication qualified to be the official newspaper. Procedure. The following must occur to use this exception: 1. The council must approve the designation by unanimous vote. 11. The interested officer should abstain from voting on the matter. . A contract with a cooperative association of which the official is a shareholder or stockholder, but not an officer or manager. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer should abstain from voting on the matter. 17 Minn. Stat. S 471.88, subd.5. Minn. Stat. S 471.345; See League research memo Competitive Bidding Requirements in Cities (130Bl.3) for more information. SeePartV- Incompatibility of offices. Minn. Stat. SS 471.88. subd. 5; 471.89. See Forms 1 and 2 for sample resolutions. See Form 3 for sample affidavit. Minn. Stat. S 471.89, subd.2. See Forms 2 and 3. 18 . A contract for goods or services if competitive bids are not required by law. Generally, a city must use competitive bidding ifthe amount of a contract for the sale, purchase or rental of supplies, materials or equipment or for the construction, alteration, repair or maintenance of real or personal property is more than $50,000. This exception appears to apply to contracts that do not have to be competitively bid, like contracts for professional services or employment. A city may want to seek a legal opinion if it is unsure about whether this exception applies to a particular situation. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer should abstain from voting on the matter. 111. The council must pass a resolution setting out the essential facts, such as the nature ofthe officer's interest and the item or service to be provided, and stating that the contract price is as low or lower than could be found elsewhere. IV. Before a claim is paid, the interested officer must file an affidavit with the clerk that contains the following: . The name and office ofthe interested officer. . An itemization ofthe commodity or services furnished. . The contract price. . The reasonable value. . The interest ofthe officer in the contract. . That, to the best ofthe officer's knowledge and belief, the contract price is as low or lower than the price that could be obtained from other sources. v. In the case of an emergency when the contract cannot be authorized in advance, payment ofthe claims must be authorized by a resolution (see above) in which the facts of the emergency are also stated. League of Minnesota Cities Minn. Stat. ~ 471.88, subd.6. A.G. Op. 358-E-4 (Jan. 19.1965); A.G. Op. 358-e-9 (April 5, 1971); A.G. Op. 90-E (April 17. 1978). AlsoseePartV- Incompatibility of offices. Minn. Stat. 9471.88, subd.7. Minn. Stat. 9471.88. subds. 9, 10. Minn. Stat. 9471.88, subd.ll. Official Conflict of Interest . A contract with a volunteer fire department for the payment of compensation or retirement benefits to its members. There is still some question as to whether this exception applies to both municipal and independently operated fire departments. A literal reading ofthe statute suggests it applies only to an actual contract. Since cities do not usually contract with a municipal fire department, there is a possibility this exception may only apply to contracts with an independent fire department. However, the attorney general has issued mixed opinions, some of which imply the exception can apply to both kinds offire departments. A councilmember should also consider whether serving the city in two functions would result in incompatible offices. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer should abstain from voting on the matter. . A contract with a municipal band for the payment of compensation to its members. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer should abstain from voting on the matter. . Contracts between an import/export firm and an economic development authority (EDA), port authority, or seaway port authority when a commissioner is employed by the firm. Procedure. The following must occur to use this exception: 1. The authority must approve the contract by unanimous vote. 11. The interested officer must abstain from voting on the matter. . Bank loans or trust services between a bank and a public housing authority, port authority, or EDA when the bank employs one of the commissioners. Procedure. The following must occur to use this exception: 1. The authority must approve the contract by unanimous vote. 11. The commissioner must disclose the nature ofthose loans or trust services of which he or she has personal knowledge. The disclosure must be entered into the meeting minutes. 111. IV. The interested officer should abstain from voting on the matter. 19 Minn. Stat. S 471.88, subd.12. Minn. Stat. S 471.88, subd. 13. Minn. Stat. S 471.88, subd.14. Minn. Stat. S 471.88, subd.15. Minn. Stat. S 471.88, subd.17. 20 . A contract for construction materials or services, or both, by sealed bid process if the city has a population of 1,000 or less and the sealed bid process is used. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer may not vote on the question ofthe contract when it comes before the governing body for consideration. . A contract to rent space in a public facility at a rate equal to that paid by other members of the public. Procedure. The following must occur to use this exception: 1. The council must approve the contract by unanimous vote. 11. The interested officer must abstain from voting on the matter. . An application for a grant offered by a local development organization (HRA, EDA, community action program, port authority or private consultant). Procedure. The following must occur to use this exception: 1. The authority must approve the application by unanimous vote. 11. The interested officer must abstain from voting on the matter. 111. The interested officer must disclose that he or she has applied for a grant. IV. The interest must be entered into the official minutes. . A utility franchise agreement Procedure. The following must occur to use this exception: 1. The council must approve the franchise agreement by unanimous vote. 11. The interested officer must abstain from voting on any franchise matters. 111. The reason for the interested councilmember's abstention must be recorded in the meeting minutes. . An application for a federal or state grant League of Minnesota Cities Minn. Stat. S 471.88, subd.18. Minn. Stat. S471.88. subd.19. fvlinn. Stat. 9412.311. Official Conflict of Interest Procedure. The following must occur to use this exception: 1. The grant must be for housing, community, or economic development. 11. The interested officer must abstain from voting on measures related to the grant. . Loans or grants from certain federal funding programs that benefit officers of small cities in St Louis County. Procedure. The following must occur to use this exception: 1. The city must have a population of 5,000 or less and be located in St. Louis County. 11. The city must be administrating a loan or grant program with community development block grant funds or federal economic development administration funds for property owners in the city. 111. The officer receiving the loan or grant must disclose in the official minutes that they have applied for the funds. IV. The interested officer must abstain from voting on the application. . A loan from an HRA to an HRA officer. Procedure. The following must occur to use this exception: 1. The loan must be from state or federal loans or grants administered by the HRA. 11. The public officer must first disclose as part ofthe official minutes that they have applied for the funds. 111. The public officer must abstain from voting on the application. H. Statutory cities Statutory cities must consider an additional law. The law provides that no member of a statutory city council may be directly or indirectly interested in any contract the council makes, except for the limited exceptions discussed previously. This law may apply to some situations where the general law does not. For example, even though the actual contract is not made with a councilmember, the fact that he or she has an indirect interest in it could violate this law. I. Home rule charter cities 21 Minn. Stat. S 471.881. A.G. Op. 90a-2 (April 14.1960); A.G. Op. 90E-5 (Aug. 30. 1949). A.G. Op. 90E-l (May 12.1976). Minn. Stat. S 471.88, subd.5. SeePartV- Incompatibility of offices. A.G. Op. 90a-1 (May 16.1952). A.G. Op. 90b (Aug. 8. 1969). A.G. Op. 90-E-5 (Nov. 13.1969). Singewald v. Minneapolis Gas Co., 274 Minn. 556, 142 NW.2d 739 (1966); A.G. Op. 90a-1 (Oct. 7, 1976). 22 Many home rule charters contain provisions on conflict of interest in contracts. Some ofthese go beyond the statute to include any city official, even though the official has no part in making the contract. These charter provisions may apply to situations where the statute does not. However, the exceptions discussed previously apply to all cities, despite any other statute or city charter. (Because charter provisions vary from city to city, they are not covered in this document.) Some home rule charters contain provisions preventing all officers and employees from being interested in a contract with the city. Such a provision evidently applies to every city officer or employee whether or not he or she has a part in making contracts. J. Specific kinds of contracts The unlawful interest statutes apply to all kinds of contracts, formal or informal, for goods and services. The statute applies not only when the city is the buyer, but also when the city is the seller. 1. Prohibited interest The law would appear to prohibit a contract with a public official who has had the opportunity to influence the terms ofthe contract or the decision of the governing body. Even when a contract is allowed under one ofthe exceptions, such as for a "contract for which bids are not required by law" (which appears to include an employment contract), council members should be cautious. Employing a councilmember as a city employee may still be prohibited under the "incompatibility of offices" doctrine. The attorney general has advised that a councilmember who holds stock in a corporation that enters into a contract with the city has an unlawful interest and that a councilmember who is a subcontractor on a contract has an unlawful interest. The attorney general has also advised that a member of a governing body that receives a percentage ofthe money earned by a court- reporting firm for jobs done under a contract with the city has an unlawful interest. On the other hand, the attorney general has advised that if a councilmember is an employee of the contracting firm and his or her salary is not affected by the contract, the council may determine that no personal financial interest exists. Thus, such a contract may be made and enforced in a home rule charter city with no charter provisions prohibiting direct or indirect interest. The Minnesota Supreme Court has held that employment by a company the city contracts with may give a councilmember an indirect interest in the contract. However, a more recent attorney general opinion concluded it is unclear whether mere employment always gives rise to a conflict of interest. League of Minnesota Cities A.G. Op. 90a-l (Oct. 7, 1976). A.G. Op. (April 1. 1975) (inforrnalletter opinion). A.G. Op. 90E-l (May 12.1976). A.G. Op. 90a-l (March 30.1961). Official Conflict of Interest The attorney general has said that factors other than employment may have to be considered to determine whether a prohibited interest is present. The attorney general concluded that a council may contract with a councilmember's employer ifthe following criteria are met: . The councilmember has no ownership interest in the firm. . The councilmember is neither an officer nor a director. . The councilmember is compensated with a salary or on an hourly wage basis and receives no commissions, bonus or other remuneration. . The councilmember is not involved in supervising the performance ofthe contract for the employer and has no other interest in the contract. More difficult questions sometimes occur when a councilmember takes office after a city has entered into a contract. If no conflict of interest can develop between the councilmember's public duty and his or her private interest in the contract during the contract, the councilmember can probably serve. However, if a conflict of interest can develop, the interested member may be prohibited from serving on the council. The attorney general has issued mixed opinions concerning the legality ofthese types of situations. In an informal letter opinion, the attorney general said the director of a malting company could assume office as a councilmember even though the city had entered into a 20-year contract with the company to allow it to use the city's sewage disposal plant. The contract also fixed rates for service subject to negotiation of new rates under certain circumstances. The attorney general said the councilmember could continue to serve as long as no new negotiations were required. However, no new agreement could be entered into as long as the interested councilmember held office. The law apparently prohibits making a contract with any public official who has had the opportunity to influence its terms. The attorney general has advised that a former councilmember could not be a subcontractor on a municipal hospital contract ifhe was a councilmember when the prime contract was awarded. However, in a different opinion, the attorney general advised that a councilmember was eligible for city office even though the councilmember was entitled to commissions on insurance premiums payable by the city. In this instance, the insurance contract was entered into before the person became a councilmember. The assumption of office by someone with a personal financial interest in an already existing contract raises concerns about possible conflicts of interest during the performance ofthe contract. In doubtful cases, the person faced with a possible conflict of interest situation should seek a legal opinion before assuming city office. 2. Employment of elected official by city 23 SeePartV- Incompatibility of offices. SeePartIII-A- Exceptions and the procedures to use them. Minn. Stat. 9S 471.88, subd. 5: 471.345: See League research memo Competitive Bidding Requirements in Cities (13 OB 1.3) for more information. AlsoseePartV- Incompatibility of offices. A.G. Op. 358-e-4 (Jan. 19.1965); A.G. Op. 358-e-9 (April 5, 1971); A.G. Op. 90-E (April 17. 1978). Also see Part V - D- Offices that have been found incompatible. See Part IV - Conflict of interest in non- contractual situations. 24 The League is often asked if an elected city official can also be employed by the city. There are several issues that must be considered to determine whether this is permissible. First, it must be determined ifthe two positions are incompatible. Ifthe two positions are incompatible, the individual may not serve in both positions. Ifthe two positions are not incompatible, it must then be determined ifthere is an exception to the conflict of interest laws that allows the employment contract to be made. Even if an employment situation does not result in a formal written contract, the employment arrangement might be viewed like a contract under the conflict of interest law. There is an exception to the conflict of interest law that allows a contract to be made with an interested official ifthe contract is not required to be competitively bid. This exception appears to permit a city to hire an elected official as an employee, since contracts for professional services and employment are not required to be competitively bid. A city may want to seek a legal opinion if it is unsure whether this exception applies to a particular situation. It is also not clear whether this statutory provision provides an exception to the common law incompatibility rules. The attorney general seemed to think that it did in a 1965 opinion that considered a situation involving a councilmember serving as a city volunteer firefighter. However, later attorney general opinions have not always been consistent in this interpretation, at least with regard to elected officials who are also firefighters. Although fact differences in these other attorney general opinions may partially explain the different results, a city may still want to get an opinion from its city attorney or from the attorney general if it is considering whether a particular city position would be incompatible with an elected office. 3. Validity of contracts with relatives of city officials The conflict of interest laws do not address family relationships as constituting possible conflicts. The courts of other states generally have held that family relationship alone has no disqualifYing effect on the making of a contract. There must be proofthat a councilmember has a financial interest in the contract. Cases dealing with non-contractual situations are similar. In the cases dealing with non-contractual situations, the mere fact of family relationship, other than that of husband and wife, has not generally resulted in a disqualifYing interest. League of Minnesota Cities Minn. Stat. S 519.02. A.G. Op. (June 28, 1928); A.G. Op. (July 14.1939); A.G. Op. 90-C-5 (July 30.1940). A.G. Op. 90-b (April 5. 1955). :Minn. Stat. 9 519.05. A.G. Op. 90a-1 (Dec. 9.1976). Minn. Stat. S 363.03, subd.1(2). Also see Part IV - c- Family connections. Minn. Stat. S 15.054. Official Conflict of Interest While it is easier to find that a councilmember has a personal financial interest in a contract with his or her spouse, a marital relationship alone may not make the contract invalid. In other states, courts have held that a public body is not prohibited from appointing the spouse of one of its members as long as under the state law the spouse's earnings are his or her own property. A contract with the councilmember's spouse in a statutory city may involve a violation ofthe law ifthe councilmember has a direct or indirect interest in it. The attorney general has construed the law broadly to hold such contracts invalid. Ifthe money earned under the contract is used to support the family, the councilmember derives some benefit. In this type of situation, the attorney general has held that there is an indirect interest in the contract on the part ofthe councilmember. Therefore, the contract is void. The law gives husbands and wives various interests in their spouse's estate. The attorney general once held these interests alone would prohibit contracting with the spouse of a city official. However, in more recent opinions, the attorney general has taken the position that each case turns on its individual facts. In short, the mere fact ofthe relationship does not affect the validity ofthe contract. Under existing law, spouses are liable for each other's support for necessities. If a spouse who contracts with the city uses the earnings from the contract individually and not to support the family, the contract probably would not be invalid simply because the spouse is a councilmember. However, ifthe facts tend to show otherwise, the legality ofthe contract will be doubtful. The attorney general has advised local governing bodies to avoid the suspicion and criticism that may result from such contracts. Although a prohibited interest in contracts does not necessarily arise when the spouse of a city employee is elected councilmember, the opinion carefully avoids any statement about future action ofthe council on the existing employment relationship. It should be noted that the Minnesota Human Rights Act prohibits discrimination in employment based upon marital status. Cities should exercise caution when making inquiries into the marital status of employees or applicants for city positions. 4. Sale of government-owned property a. In general Officers and employees ofthe state or its subdivisions are prohibited from selling government-owned property to another officer or employee ofthe state or its subdivisions. However, the law does not apply to the sale of items acquired or produced for sale to the general public in the ordinary course of business. In addition, the law allows government employees and officers to sell public property ifthe sale is in the normal course oftheir duties. 25 Minn. Stat. S 15.054. Minn. Stat. S 471.87. Minn. Stat. S 609.0341, subd.l. A.G. Op. 90a-l (April 22.1971). City of Chaska v. Hedman, 53 Minn. 525, 55 NW. 737 (1893); Currie v. Sch. Dist. No. 26,35 Minn. 163, 27 NW. 922 (1886); Bjelland v. City of Mankato, 112 Minn. 24.127 NW. 397 (1910). Stone v. Bevans, 88 Minn. 127, 92 N.W. 520 (1902); City of Minneapolis v. Canterbury, 122 Minn. 301.142 NW. 812 (1913); Currie v. Sch. Dist. No. 26, 35 Minn. 163.27 NW. 922 (1886); Singewald v. Minneapolis Gas. Co., 274 Minn. 556, 142 NW.2d 739 (1966). 26 b. Exceptions There are also exceptions to this prohibition. Personal property owned by the state or its subdivisions and no longer needed for public purposes can be sold to an employee (but not to an officer) under certain conditions. These conditions are: . There has been reasonable public notice and the property is sold by public auction or sealed bid. . The employee is the highest responsible bidder. . The employee who buys the property must not be directly involved in the auction or sealed response process. There is no exception that allows the sale of city-owned real estate to a city officer or employee. K. Contracts made in violation of the statutes A public officer who violates the conflict of interest law is guilty of a gross misdemeanor and can be fined up to $3,000 and imprisoned up to one year. Any contract made in violation ofthe conflict of interest law is generally void. Public officers, who knowingly authorize a prohibited contract even though they do not receive personal benefit from it, may also be subject to the criminal penalties of state law. When a city enters into a contract that has subject matter beyond the city's corporate powers, there will generally be no city liability for the contract. Even when the contract is within the city's corporate powers, any contract made in violation ofthe unlawful interest statutes is generally void. As a result, such a contract cannot be the basis of a lawsuit. However, a city may be enjoined from performing an illegal contract. If a contract is invalid, it does not matter that the interested councilmember did not participate in the vote or discussion. Likewise, it does not matter that the interested councilmember's vote was not essential to the council's approval ofthe contract. It is the existence ofthe interest that is important. Even ifthe councilmember acted in good faith and the contract was fair and reasonable, the contract is generally void if it is prohibited because of a conflict of interest. League of Minnesota Cities Stone v. Bevans, 88 Minn. 127, 92 N.W. 520 (1902). Frisch v. City of St. Charles, 167 Minn. 171.208 NW. 650 (1926); Mares v. Janutka, 196 Minn. 87, 264 NW. 222 (1936). 56 Am. Jur. 2d Municipal Corporations S 142. Official Conflict of Interest When a prohibited contract is made with an interested councilmember, the councilmember may not recover on the contract. Nor may a councilmember recover value on the basis of an implied contract. If a councilmember has already received payment, restitution to the city can be compelled. For example, ifthe mayor is paid for services to the city under an illegal contract, a taxpayer could sue to recover the money for the city. It does not matter that the mayor was not present at the meeting at which the agreement for compensation was adopted. If a councilmember has made an unlawful sale of goods to the city and the goods can be returned, a court will probably order it and prohibit any payment for the goods. This might be ordered when a lot has been purchased from a councilmember and no building has been erected on it, or if supplies, such as lumber, have been bought and not yet used. However, ifthe goods cannot be returned and ifthe contract was not beyond the powers ofthe city and there was no fraud or collusion in the transaction, the court will determine the reasonable value ofthe property and permit payment on the basis ofthe value received. In case of doubt, it is wise to assume a city cannot contract with one of its officers. Ifthe contract is necessary, a legal opinion or court ruling should be secured before proceeding. The safest course of action is to assume that a contract prohibited under the conflict of interest statutes is void, whether or not the interested councilmember has participated in the transaction. Pa rt IV. Conflict of interest in non-contractual situations L. In general While the laws discussed previously relate only to contracts with interested officials, courts throughout the country, including the Minnesota Supreme Court, have followed similar principles in non-contractual situations. Any official who has personal financial interest in an official non-contractual action is generally disqualified from participating in the action. This is especially true when the matter concerns the member's character, conduct or right to hold office. Another situation may be when the official's own personal interest is so distinct from the public interest that the member cannot be expected to represent the public interest fairly in deciding the matter. 27 Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). Gonsalves v. City of Dairy Valley, 71 Ca!. Rptr. 255 (CaL Ct. App. 1968). Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). Township Ed. of Lake Valley Township v. Lewis, 305 Minn. 488, 234 NW.2d 815 (1975). 28 In applying the disqualification rules in non-contractual situations, the courts have sometimes made a distinction between judicial and quasi-judicial acts on the one hand, and legislative and administrative acts on the other. However, this distinction has not been consistently applied in particular cases. In general, when an act of a council is judicial, no member who has a personal interest may take part. Some would argue that the member's participation makes the decision voidable, even if his or her vote was not necessary to make the decision. Some ofthe cases discussed in the next section indicate how this distinction has been applied. When there is a disqualifYing personal interest, the action is not necessarily void. In contrast to the rules regarding conflict of interest in contract situations, the official action may be valid ifthe disqualified official does not participate and the required number of non-interested council members approve the action. M. Disqualifying interest factors The Minnesota Supreme Court has listed several factors to consider in determining if a disqualifYing interest exists: . The nature of the decision. . The nature of the financial interest . The number of interested officials. . The needfor the interested officials to make the decision. In one case, it was held that when an administrative body had a duty to act on a matter and was the only entity capable of acting on the matter, the fact that members may have had a personal interest in the result did not disqualifY them from performing their duties. In that case, council members owned stock in a corporation seeking a special use permit. . Other means available. Another relevant factor is whether or not other means are available to ensure officials will not act arbitrarily to further their self interest, such as an opportunity for review. In one case, the court took into account the fact that a decision by a board of managers could be appealed to the state water resources board. The court referred to the same factor in another decision regarding a town board decision to establish a road. In upholding the town board's decision, the court said that the availability of appeal to the district court would adequately protect owners ofthe affected land from any possible prejudice. League of Minnesota Cities Minn. Stat. 9471.46. Minn. Stat. 9415.15. SeePartV- Incompatibility of offices. Minn. Stat. 9415.11. Official Conflict of Interest N. Specific situations There is far from complete agreement among the various courts on the kinds of interest and the situations that prevent an interested official from taking part in non-contractual official actions. A summary of some ofthese situations follows: 1. Determination of an official's right to office On the theory that no person should be the judge of his or her own case, courts have generally held that an officer may not participate in proceedings involving his or her status. Thus, city council members are probably prohibited from judging themselves on an offense in which the majority of the council participated. Likewise, determination of a councilmember's residency may be one such issue from which an interested officer should abstain. 2. Self-appointment Generally, city officials may not appoint a councilmember to an elected position, even ifhe or she resigns before the appointment is made. However, a councilmember may be appointed to the position of mayor or clerk, but the councilmember may not vote on the appointment. Likewise, resigning council members may not vote on their successors. In the situation of appointment to a non-elective position, the general rule is that the official has a self-interest and he or she is disqualified from participating in the decision. Whether the councilmember serving the city in a second function creates an incompatibility must also be considered. 3. Fixing official's own compensation State law authorizes a council of any second, third or fourth class city in Minnesota to set its own salary and the salary ofthe mayor by ordinance. However, the change in salary cannot begin until after the next regular city election. Since every councilmember has a personal interest in determining his or her compensation, the need for interested officials to make the decision is determinative in this situation. A special situation is involved in setting the clerk's salary in a Standard Plan statutory city. In these cities, the clerk is elected and is thus a voting member ofthe council. The other four council members may vote on the clerk's compensation without any disqualifYing self-interests. However, it is probably best for the clerk not to vote on his or her own salary. 4. Family connections 29 A.G. Op. (April 14. 1975) (inforrnalletter opinion). A.G. Op. 90a-l (Dec. 9.1976). fvlinn. Stat. 9 363.03. subd. 1 (2); Also see Part III - D - Validity of contracts with relatives of city officials. A.G. Op. 430 (April 28.1967). A.G. Op. 90e (Aug. 25, 1997). Petition of Jacobson, 234 Minn. 296, 48 NW.2d441 (1951); Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). 30 In an informal letter opinion, the attorney general has advised that a councilmember was not disqualified from voting on a rezoning because his father owned legal title to the tract in question. The attorney general has also advised that a prohibited interest does not necessarily arise when the spouse of a city employee is elected mayor. The opinion carefully avoids any statement about future action ofthe council on the existing employment relationship. It should be noted that the Minnesota Human Rights Act prohibits discrimination in employment based upon marital status. Cities should exercise caution when making inquiries into the marital status of employees or applicants for positions with the city. 5. Business connections Other types of business interests may also be prohibited, indirect interests even though there is not a personal financial interest under the general law. The attorney general has advised that a housing authority commissioner had a conflict of interest when the commissioner was also a foreman who would aid a contractor in making a bid to the housing authority. In a different opinion, the attorney general found that a mayor or councilmember would not be disqualified from office because he was an employee of a nonprofit corporation that provided public access cable service to the city. However, the attorney general also concluded that the individual must abstain from participating in any actions related to the cable franchise. 6. Land issues Since a city council must deal with land matters, it is almost inevitable one of these decisions may affect property that is owned or used by one of its members. a. Local improvements and special assessments A councilmember owning land to be benefited by a local improvement is probably not prohibited from petitioning for the improvement, voting to undertake it, or voting to adopt the resulting special assessment. Although one Minnesota decision took a different view on a county ditch proceeding, it seems to have been sharply limited as a precedent by a later case. The two cases can also be distinguished on their facts. League of Minnesota Cities Petition of Jacobson, 234 Minn. 296, 48 NW.2d441 (1951). Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). A.G. Op. 59a-32 (Sept. 11.1978). A.G. Op. 471-f(Sept. 13.1963). Official Conflict of Interest The first case concerned a proposed county ditch that bypassed a county board member's property. Although the board member participated in preliminary proceedings before the board regarding the feasibility ofthe improvement, he did not attend the final hearing. The court vacated the county board's order establishing the proposed ditch since the preliminary proceedings may have had a substantial effect on later actions taken at the final hearing. The court also said the board member should not have participated in any ofthe proceedings regarding the project. The court in the second case found there was no disqualifying conflict of interest when four ofthe five managers of a watershed district owned land that would be benefited by a proposed watershed district improvement project. The court recognized the situation was similar to those where members of a city council assess lands owned by them for local improvements. As a result, the court found this potential conflict of interest did not disqualify the district board members from participating in the improvement proceedings. It is possible a councilmember's property ownership might result in a more favorable treatment ofthat property in an assessment project. Ifthat happened, the assessment might be challenged for arbitrariness and set aside whether or not the councilmember participated in the assessment proceedings. b. Zoning The attorney general has advised that a council is not prevented from rezoning property owned by a councilmember or by his or her client. However, the councilmember may not participate in the council proceedings involving the rezoning. In an earlier opinion, the attorney general said it was a question of fact whether a town board member had a disqualifying interest for having sold land that was the subject of rezoning. However, the attorney general appeared to assume that ifthe board member had a sufficient interest in the land, the member would be disqualified from voting on the rezoning. i. Property ownership Whether or not property ownership disqualifies a councilmember from participating in council action will depend, to some extent, on the amount of that interest compared to all land affected by the decision. At one extreme is adoption of a new zoning ordinance or a comprehensive revision of an existing ordinance that may have an impact on all property in the city. In this situation, the interest is not personal and the councilmember should be able to participate. Ifthis wasn't allowed, no such ordinance could ever be adopted since all council members may be property owners. 31 Webster v. Ed. of County Comm 'rs of Washington County, 26 Minn. 220, 2 N.W. 697 (1897). Rowell v. Ed. of Adjustment of the City of Moorhead, 446 N.W.2d 917 (Minn. App. 1989). Webster v. Ed. of County Comm 'rs of Washington County, 26 Minn. 220, 2 N.W. 697 (1897). 32 At the other extreme is the application for a zoning variance or special use permit applying only to a councilmember's property. In this instance, there is such a specific interest that it will probably disqualifY the member from participating in the proceedings. However, the councilmember should still be able to submit the required application to the city. Between these two extremes are those proceedings affecting some lots or parcels, only one of which a councilmember owns. In such cases it is a question offact whether the councilmember is disqualified from voting. If the councilmember chooses to vote, the council must decide whether the member should be disqualified-a decision which is subject to review in the courts if challenged. There will be many situations where the right to vote is doubtful enough that an interested councilmember should refrain from participating. ii. Condemnation There is little doubt a councilmember's ownership ofland is so direct and significant as to preclude his or her participation in a resolution to condemn the land. The Minnesota Supreme Court has not ruled directly on this question. However, it did not disqualifY a county board member from participating in condemnation proceedings to establish a highway when the board member owned land adjoining the proposed highway. The court suggested the decision might have been different if the owner had been entitled to damages ifthe highway had gone through his property. Hi. Church affiliation The Minnesota Court of Appeals held that a zoning board member who was also a member of a church was not disqualified from voting on a zoning variance requested by that church. The court found the nature ofthe financial interest could not have influenced the voting board member. The person's membership in the church, without evidence of a closer connection, was not a sufficiently direct interest in the outcome of the matter to justifY setting aside the board's zoning action. C. Streets i. Establishing streets and highways It appears that a councilmember who owns land near an area where a street may be opened would not be prohibited from voting on the matter. The Minnesota Supreme Court has held that a county board member who owned land adjoining a proposed county highway did not have a disqualifYing interest preventing him from voting on the establishment ofthe highway. The board member's interest was similar to that ofthe rest ofthe public and differed only in degree. A different decision may have been reached had the highway gone though any ofthe commissioner'~ land. League of Minnesota Cities Township Ed. of Lake Valley Township v. Lewis, 305 Minn. 488, 234 N.w.2d 815 (1975). A.G. Op. 396g-16 (Oct. 15,1957); See also, Petition of Jacobson, 234 Minn. 296, 48 NW.2d441 (1951). A.G. Op. 218-R (April 29,1952). Official Conflict of Interest The Minnesota Supreme Court also refused to disqualifY a town board supervisor that asked a landowner to circulate a petition for a road. The court reasoned that by its very nature, the decision to establish a town road is of interest to all local citizens, including town board members, who often may be in the best position to be aware of the need for a road. The court also stated that the ability of affected property owners to appeal to the district court would adequately protect them from any possible prejudice. ii. Street vacation It is arguable that a street vacation is not essentially different from the establishment of a street, where abutting owners have been held not to have a disqualifYing interest. However, the attorney general advised that a councilmember who had an interest in property abutting a street proposed for vacation could not participate in the vacation proceedings. 7. Urban renewal An interest in property subject to an urban renewal decision may be grounds for disqualification. However, when the property is within the area of a larger urban renewal program, but not in the project area subject to the decision, it is arguable the councilmember would not be disqualified from voting. Since there have been no Minnesota cases addressing this issue, councilmembers with these types of interests may wish to abstain from voting on these matters or seek an attorney general opinion regarding the legality oftheir participation. 8. Licenses Although there have been no Minnesota cases directly on the subject, it seems obvious that when a councilmember is an applicant for a license to be granted by the council, there is enough of a personal financial interest that the member should not take part in the decision on the application. If a general licensing ordinance is the subject ofthe action, even a councilmember who does not hold a license may have a possible conflict of interest that could disqualifY him or her from voting. The attorney general said that a councilmember who was a part-time employee of a liquor licensee could not vote on the question of reducing the liquor license fee if it could be shown that the councilmember was personally interested. For example, ifthe fee reduction would affect the councilmember's compensation or continued employment, he or she would obviously have a personal financial interest in the decision. However, whether an individual's personal interest is sufficient to disqualifY him or her from voting on the decision is a fact question that must be determined on a case-by-case basis. 33 E.To., Inc. v. Town of Marion, 375 N.W.2d 815 (Minn. 1985). Minn. R. S 7515.0430, subp.5. Nodes v. City of Hastings, 284 Minn. 552,170 NW.2d 92 (1969). 1989 Street Improvement Project v. Denmark Township, 483 N.w.2d 508 (Minn. App. 1992). In a similar case, the Minnesota Supreme Court held that since a town board member owned property across from a bar that was subject to a liquor license renewal decision, he was disqualified from voting on the license renewaL The town board member stated his property had been devalued by $100,000 since the bar opened, and he was elected to the board based largely on his opposition to the bar. The court stated, "A more direct, admitted, financial interest is hard to imagine." A state rule prohibits a councilmember from voting on a liquor license for a spouse or relative. The rule does not define who is included as a "relative," so cities may need to consult with their city attorney for guidance in specific situations. O. Effect of disqualifying interest on action A contract that is prohibited due to a conflict of interest is generally void. However, actions taken in a non-contractual situation, where a councilmember has a disqualifYing interest, may be valid ifthe result would have been the same without the interested official's vote. For example, the Minnesota Supreme Court considered a case involving a decision by a three- member civil service commission to terminate a police officer for failing to pay his financial debts. The court held that it would have been a "better practice" for the commission member who had been a creditor ofthe officer to have disqualified himself and abstained from voting. However, the court held that the interested commission members' participation in a unanimous decision did not invalidate the commission's decision. Council members who have a disqualifYing interest in a matter are generally excluded when counting the number of councilmembers necessary for a quorum, or for the number necessary to approve an action by a four-fifths vote, such as approving a special assessment. P. Conflict of interest checklist . Consult with the city attorney. . Disclose the interest. 1. Make disclosure at the earliest stage preceding the discussion. . Make oral disclosure to the goveming body or board. . Make written disclosure. 11. Don't participate in discussions leading up to the decision. . Don't vote or take any official action unless the city attorney decides there is no prohibited conflict of interest. 34 League of Minnesota Cities See McCutcheon v. City of St. Paul, 216 NW.2d 137 (1974). State v. Sword, 157 Minn. 263, 196 N.W. 467 (1923); Kenneyv. Goergen, 36 Minn. 190,31 NW. 210 (1886). 5lJ.S.c. ,j 7323(a)(3); 7322(2). (More information about the Hatch Act (5IJ.S.C. ~~ 7321-7326) is available at: wvvvv .osc.gov/hatchact. htm). Official Conflict of Interest . Don't influence others. 1. Don't participate in the discussion, either at the time ofthe vote or earlier. 11. Leave the room when the goveming body is discussing the matter. Part v. Incompatibility of offi ces Q. In general The question of whether a city official can also serve the city in some other capacity is quite complicated. One must look at both the statutory law, and the common law that has been developed through Minnesota court decisions. All individuals in elected office are prohibited from holding incompatible offices. In addition, many appointed officials may need to consider this law if taking a position that may conflict with their city responsibilities. The common law doctrine of incompatibility applies to the functions of two inconsistent offices. However, there is no clear definition of what constitutes an "office" for the purpose ofthis law. Certainly it would include all elected offices. It may also include appointed offices such as city administrators, managers, and police chiefs. Generally, an office has greater responsibility, importance, and independence than mere city employment. State laws generally do not prevent a person from holding two or more governmental positions. However, without specific statutory authority, government officials cannot hold more than one position ifthe functions are incompatible or ifthe jobs create a conflict between two different public interests. Federal employees are generally prohibited from being candidates in local partisan elections. An election is considered "partisan" if candidates are elected as representing political parties. State employees generally can run for and hold local elected office as long as there is no conflict with their regular state employment. The Minnesota Department of Employee Relations will determine whether a conflict exists. R. Elements of incompatible offices Positions are generally incompatible when one or more ofthe following conditions exist; 35 See Kenney v. Goergen, 36 Minn. 190,31 NW. 210 (1886); State v. Sword, 157 Minn. 263, 196 NW. 467 (1923); Minn. Stat. S 471.46; A.G. Op. No. 256 (1936); A.G. Op. No. 235 (1928); A.G. Op. No. 234 (1928). A.G. Op. 471-M (Dec. 11,1957). . Ifthe holder of one position (or the group or board of which the person is a member); 1. Hires or appoints the other. 11. Sets the salary for the other. 111. Performs functions that are inconsistent with the other. IV. Makes contracts with the other. v. Approves the official or fidelity bond ofthe other. . If a specific statute or charter provision; 1. States that one person may not hold two or more specific positions. 11. Requires that the officer may not take another position. 111. Requires that the officer devote full-time to the position. S. Violation of the incompatibility law An individual generally can run for election to a position that is incompatible with the position the person already holds without resigning from the first position. However, when an official qualifies for a second and incompatible position (by taking an oath and filing a bond, if necessary), he or she automatically resigns from the first position, which then becomes vacant. T. Specific offices It is important to remember that incompatibility depends on the nature ofthe offices and their relationship to one another. A city official who is considering seeking an additional office should obtain a legal opinion on the compatibility ofthe two offices. The attorney general has found the following offices to be incompatible; A.G. Op. 358e-7 . Councilmember and city treasurer (March 5, 1965). A.G. Op. 358e-9 (Dec. . Mayor and school board member 13,1939). A.G. Op. 218-R (Feb. . Mayor and municipal liquor store manager. 25,1946). A.G. Op. 358e-3 . Councilmember and city attorney (March 6, 1946). A.G. Op. 358-e-9 . Councilmember and fire chief (April 5, 1971). 36 League of Minnesota Cities A.G. Op. 358-e-4 (Jan. 19,1965); Minn. Slat ~ 471.88, subd. 6. A.G. Op. 358-e-9 (April 5, 1971). A.G. Op. 90-E (April 17,1978). Minn. Stat. ~ 412.152. Minn. Stat. ~ 410.33. Official Conflict of Interest In 1965, the attorney general advised that a councilmember could also be a member of a volunteer city fire department under the exception to the conflict of interest law that permits contracts with a volunteer fire department for payment of compensation or retirement benefits. But in 1971, the attorney general advised that the fire chief of a municipal fire department automatically vacated the office offire chief when he accepted a seat on the city counciL This opinion did not mention the exception listed in the conflict of interest law or the 1965 opinion. In 1978, the attorney general considered the issue again and advised that the exception to the conflict of interest law allows a councilmember to be a member of an independent volunteer fire department when a contract for compensation or retirement benefits is negotiated, as long as the procedural requirements for the exception are followed. The attorney general also explained that the reason for the different results in the two earlier opinions was because the 1965 opinion involved a fire department member who was not an officer and the 1971 opinion involved a fire department member who was the fire chief In 1997, the Minnesota Legislature attempted to clarifY the issue by creating a statute to offer some guidance regarding the positions of mayor and fire chief The statute says that a statutory city mayor may also be the fire chief of an independent, nonprofit firefighting corporation that serves the city. Although the statute is specifically for statutory cities, home rule charter cities may be able to use it iftheir charters are silent on the matter. Basically, the statute says the mayor and fire chief positions are not incompatible as long as the following conditions are met; . The mayor does not appoint the fire chief . The mayor does not set the salary or the benefits ofthe fire chief . Neither office performs functions inconsistent with the other. . Neither office (in its official capacity) contracts with the other office. . The mayor does not approve the fidelity bond ofthe fire chief The statute remains unclear on several points, however. It does not address council positions other than the mayor. It also appears to be limited to independent, nonprofit fire departments, so city departments (whether volunteer or salaried) are not addressed. And although it outlines general criteria under which there will not be incompatibilities, there is still some vagueness regarding what functions between the two offices would be considered inconsistent. Because each city may have a different relationship with its fire department, a city may want to get a legal opinion from its attorney or from the attorney general before allowing a councilmember to serve as a volunteer firefighter with any sort of supervisory powers. The attorney general has found the following offices to be compatible; 37 A.G. Op. 358e-9 (Feb. 10,1912). A.G. Op. 90e (Aug. 25, 1997). A.G. Op. 358e-3 (July 29,1997). A.G. Op. No. 420 (1921). See Compatibility of Offices (House Research Information Brief). 38 . Councilmember and county treasurer . Councilmember and officer of nonprofit, public-access, cable-service provi der . Assistant county attorney and city attorney . City attorney and charter commission member In conclusion, whether two offices are incompatible will depend upon the responsibilities of each ofthe offices and their relationship. A city with questions may wish to contact the League at (651) 281-1200 or (800) 925- 1122 for further information, or secure a legal opinion from its city attorney or the attorney generaL The League has available a document that lists many ofthe different public offices/employment and whether they have ever been found to be incompatible. League of Minnesota Cities Pa rt VI. Model forms Form 1 Model resolution to contract with a councilmember (under Minn. Stat. ~~ 471.88, subd. 5 and 471.89, subd. 2) Whereas, the city of ___ desires to purchase the following ("oods / merchandise / equipment / services); (describe in detail); And Whereas, (name ofinterested officialJ is the (office held bv interested officialJ ofthe city and will be financially interested in the contract; And Whereas, it is determined that the contract price of $___ is as low as, or lower than, the price at which the goods can be obtained elsewhere at this time; And Whereas, the contract is not one that is required to be competitively bid; Now be it resolved by the city of ___, Minnesota that the city clerk is directed to make the above-mentioned purchase on behalf ofthe city from (name of interested officer) for a price of $__. It is also resolved that the mayor and city clerk are directed to issue an order-check to pay the claim on the filing of an affidavit of official interest by the interested official as required under Minn. Stat. 9 471.89. This resolution is passed to comply with the provisions of Minn. Stat. 99471.87-.89. Passed by unanimous vote ofthe city council on (dav and date). Mayor Clerk Official Conflict of Interest 39 Form 2 Model resolution ratifying contract in emergency (under Minn. Stat. ~~ 471.88, subd. 5 and 471.89, subd. 2) Whereas, on (day and date), the city of ___ purchased the following (goods / merchandise / equipment / service) from (name of company or person with whom the contract was made); (specifY the type of goods, merchandise, equipment, or services that were bought); And Whereas, (name of interested official) was the (office held by interested official) on this date and was personally interested financially in the contract; And Whereas, the purchase could not be authorized in advance because ofthe following emergency; (specifY emergency); And Whereas, the contract price of $___ paid for such goods is as low, or lower than the price at which they could be obtained elsewhere at the time the purchase was made; And Whereas, the contract is not one that is required to be competitively bid; Now be it resolved by the city of ___, Minnesota that the above-mentioned purchase by the city and the claim ofthe vendor based on it are confirmed and the mayor and clerk are directed to issue an order-check to pay the claim on the filing of an affidavit of official interest by the interested officer as required under Minn. Stat. 9 471.89. This resolution is passed to comply with the provisions of Minn. Stat. 99471.87-.89. Passed by unanimous vote ofthe council on (dav and date). Mayor Clerk 40 League of Minnesota Cities Form 3 Model affidavit of official interest in claim (under Minn. Stat. ~~ 471.88, subd. 5 and 471.89, subd. 3) STATE OF MINNESOTA ) COUNTY OF ____) I, (Name of interested officer), being duly sworn state the following; I) I am (office held bv interested officialJ ofthe city of __, Minnesota. 2) On (dav and date), the following (eoods / merchandise / equipment / services) were furnished by (name of business or individual with whom the contract was made) to the city of __; (~ the !vve of floods. merchandise. eauivment. or services that were vurchase4). 3) The contract price for such (eoods / merchandise / equipment / services) was $___ and their reasonable value was $ 4) At the time such (eoods / merchandise / equipment / services) were furnished to the city, I had the following personal financial interest in this contract; (specifi; the nature of the personal financial interest) To the best of my knowledge and beliefthe contract price is as low as, or lower than the price at which the (eoods / merchandise / equipment / services) could be obtained from other sources. I further state that this affidavit constitutes a claim against the city for the contract price, that the claim is just and correct, and that no part ofthe claim has been paid. (sienature of interested official) Subscribed and sworn to before me this __ day of (month), 6!flld. (siflnature of notarvJ Official Conflict of Interest 41 Addendum to Commission Handbook CITY COUNCIL AMENDMENT TO COMMISSION HANDBOOK CHAPTER 6 (COMMISSION POLICY GUIDELINE - APPOINTMENT OF CHAIR AND VICE CHAIR) MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 8, 2010 Council Chambers, City Hall Meeting No. 06-10 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Kathleen Juenemann, Councilmember James Llanas, Councilmember John Nephew, Councilmember Julie Wasiluk, Councilmember Present Present Present Present Present G. CONSENT AGENDA 20. Approval of Commission Rules and amendments to Commission Handbook Councilmember Juenemann moved to approve the commission handbook chapter 6 (Commission Policv Guidelines) to allow commissions and boards to appoint a chair and vice chair annuallv, rather than in December of each vearlv and to adopt the followinq new and amended rules of procedures for the ENRC, PC, HRA, and CDRB. Seconded by Councilmember Wasiluk. Ayes - All The motion passed. March 8, 2010 City Council Meeting Minutes 1 Attachment 3 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT I n addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission's recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures by Rosenberg's Rules of Order, Simple Parliamentary Procedures for the 21" Century. P:\P\MWorks\Environemental\Environmental Commission\ENR Rules of Procedure -3- Citi n Vol nteer - Pu ~ ~Attachment 4 lie Contact Information Citi Lau rie Rose Simon 1060 Dennis St. South Maplewood, MN 55119 Charlotte Winnen 2430 Hillwood Drive Maplewood, MN 55119 Roy Adams 379 Ripelv Ave. Maplewood, MN 55117 Craig Brannon 2927 Walter St Maplewood, MN 55109 Donald Christianson 1111 County Road C Maplewood, MN 55109 Rhoda Erhardt 2379 Snowshoe Court East Maplewood, MN 55119 Peter Fischer 2443 Standrid,ge Ave Maplewood, MN 55109 Daniel Maas 2212 Birmin,gham St Maplewood, MN 55109 Bruce Roman 1713 Laurie Rd Maplewood, MN 55109 Kim Schmidt 1800 Phalen PI Maplewood, MN 55109 Therese Sonnek 1986 En,glish St. Maplewood, MN 55109 Alvin Bierbaum 222 Crestview Drive Maplewood, MN 55119 Joseph Boeser 3054 Hazelwood St Maplewood, MN 55109 Tushar Desai 2973 Edward St Maplewood, MN 55109 n Vol nteer - Pu lie Contact Information Lorraine Fischer 1812 Furness St Maplewood, MN 55109 Robert Martin 2329 Landin Lane Maplewood, MN 55119 Tanya Nuss 989 McClelland St S Maplewood, MN 55119 Gary Pearson 1209 Antelope Way Maplewood, MN 55119 Dale Trippler 2691 Barclay St Maplewood, MN 55109 Jeremy Yarwood 2324 Moreland Ct Maplewood, MN 55119 Debra Birkholz 1989 Duluth St. Maplewood, MN 55109 Lisa Marie Liddell 439 Oday Circle Maplewood, MN 55119 James Meehan 3029 Bartelmv Lane Maplewood, MN 55109 Agenda Item 5.b. ENVIRONMENT AND NATURAL RESOURCES COMMISSION AGENDA REPORT TO: FROM: SUBJECT: DATE: Environment and Natural Resources Commission Steve Kummer, Civil Engineer II Wakefield lake Experimental Storm Water Treatment Basin August 5, 2011 INTRODUCTION The Ramsey Washington Metro Watershed District (RWMWD) is proposing to construct an experimental storm water runoff treatment basin on unimproved Maplewood park land on the south side of Wakefield Lake. The Watershed is seeking to experiment with spent lime as a method of capturing dissolved phosphorus in storm water runoff. The Watershed will construct this basin within the 50-foot wetland buffer of a Manage C wetland adjacent to the south side of Wakefield Lake. Under the public improvement provisions of the Wetland Ordinance, the Environment and Natural Resources Commission and Planning Commission will review the Watershed's proposal and consider recommending an exemption to use the buffer for storm water improvements. DISCUSSION RWMWD is seeking to construct a ponding basin near Wakefield Lake with what they term a "Permeable Reactive Barrier." Essentially, this is an experimental project to determine the effectiveness of using "spent lime" to reduce phosphorus in storm water. Spent lime is created by water utilities (e.g. St Paul Water Utility) and is a byproduct of the water clarification process. Spent Lime contains calcium, iron, and/or aluminum, all three of which bind phosphorus in the natural environment. Currently, Spent Lime must be disposed or transported for use on agricultural fields. Because of its high phosphorus binding capacity, the Watershed intends to experiment with spent lime as an agent to remove dissolved phosphorus in storm water runoff. Placement of the basin will occur upstream of and adjacent to an existing sedimentation basin constructed by Ramsey County on the south side of the lake. As the water flows through the permeable reactive barrier containing the Spent Lime, spent lime will dissolve, bind phosphorus, and then settle in the pond, thus reducing phosphorus loads from incoming storm water runoff. The intent of the basin is to monitor the efficacy of spent lime as an application for treatment of storm water runoff. It is a small scale experiment: The basin is designed only to accept runoff from a storm drain in Larpenteur Avenue. Drainage from the large outfall at the southeast corner of the lake will continue to flow as normal at this time. If the experiment is successful, it is possible that future larger scale applications may be applied to Wakefield Lake. BUFFER IMPACTS RWMWD proposes to construct the basin up-slope from the existing Ramsey County sedimentation basin (Manage C wetland). The experimental basin will have roughly a 40ft x 20ft footprint. This is an area of Maplewood parkland that is not actively used as park space. It is somewhat overgrown with low brush that will be cleared with the basin construction and modifications to the outfall pipe from Larpenteur Avenue. An existing maintenance driveway currently used to maintain the County I pond will be used for access to the area. The RWMWD does not intend to remove any large or significant trees with this project. Because this is an experimental facility, RWMWD will also have monitoring equipment in the vicinity of the new pond. The experiment also has a limited duration of 2 years. All restoration, including slope stabilization and plantings, associated with this project will be done by the RWMWD as approved by city staff. BUFFER EXEMPTION REQUEST The wetland classification is considered a Manage B wetland next to a lake, which requires a 50-foot buffer. Because of the prevalence of slopes greater than 18%, the buffer extends 10-feet beyond the apex of the slope. Technically, the buffer extends to the south side of Larpenteur Avenue. The RWMWD is requesting an exemption under the provisions of the Wetland Ordinance pursuant to section 5b(9). 1) The RWMWD has selected this site due to the impaired nature of Wakefield Lake. This small scale experiment is best located on a site where excessive storm water flows will not wash out the basin. Staff agrees with RWMWD that this is the most practical location for such an experiment given that it will provide a small water quality benefit to the lake. 2) The Planning Commission public hearing for this project is set for August 16, 2011 for 7:00pm. Residents within 500 feet of the proposed project as well as all residents with frontage along Wakefield Lake have been mailed a notice. The project is scheduled to go to the City Council on August 22, 2011. 3) No known endangered species reside within this area of the buffer. Staff are in communication with the DNR as to any findings of endangered species. 4) There is an existing maintenance road in the area and the basin will be constructed as far away from the lake edge as possible. 5) No large trees are scheduled for removal. 6) No toxic chemicals or herbicides are proposed to be applied as part of this project. Spent Lime is applied to agricultural fields for regulation of soil acidity. While it is a product that is not edible, exposure is generally considered non-toxic. 7) The RWMWD intends on re-establishing the disturbed area with native vegetation and properly stabilizing the slopes. 8) No additional access roads other than an existing maintenance path are required. While this project will only treat a small amount of runoff into Wakefield Lake, staff agrees with the RWMWD that the experiment is a step forward in providing larger-scale treatment basins for impaired waterbodies like Wakefield Lake. 2 RECOMMENDATION Staff believes that the basin constructed within the wetland buffer meets the waiver requirements and serves a public good as described in the Wetland Ordinance. Staff recommends approval of a wetland buffer waiver for the Wakefield Lake Experimental Storm Water Treatment Basin. Attachments 1. Site Location Map 2. Basin I mprovements Plan 3. Fact Sheet 4. 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'. ]f'!i\ ", ", ,,' ,,' ,,' " ' , ' , ' , ' , ' " ' " ' " ' I k_l , '" , -\00%- . ~" c ~ , , , , , , , ( ~ ~ , ~ ~o "- f~f ~ G..!.t; ~t: ~~i ~ ~" 0 ~N~ , , ~" ," '" ~ ~ ~ '" w ii '" ~~ w~ >:z oa:: B ~ ~~ ~ "~ ~g ~::i o <' w-= ",,0 ffi'j ~lJi ~~ ~~ '" w ~ >-- u zii ~~ ~ z z I8 ~ U1 I - ~iQ ;:{ I w ~ >- >-- . w -< u ~ == w ~~ ~ >-- w ,. ~ ~ 8 ~ 8 o ~~ d P "vol ,I , II' 0' ,:",;' ~~~~,,~~! 5"'8il....~~ ] i:l~fI!i ~i l . . 5 .0 i -) 1~1!li ,," , , ~s ~ ~m~ ~~~~~ ~;~I: i~!~~ ~m; I ~~~~~ ~~~~~ ~ ! ~~~~ 6" u ~ ~ ~ . a I . " o m ~ '''w",,,,-_'.<>a . ,,;':~~ro~;:::~~;-~oo':::;:~'>a~': :~::o:~,,:.:~:.: :o_~~::,;~:::::::~::::.:;,~~:~7o\':, .,.., Attachment 3 Fact Sheet Use of Spent Lime for Stonnwater Treatment Wakefield Park Testing Site Project Purpose: This project will test the effectiveness of using Spent Lime to reduce levels of phosphorus before reaching lakes and streams under different conditions, including varying flow rates and phosphorus concentrations. Ifthe results ofthis study are positive, surface water management groups will be able to design and implement a simple, low cost, innovative technology to reduce phosphorus from stormwater runoff. Project Background: The Ramsey-Washington Metro Watershed District is faced with the difficult task of improving the quality of our stormwater runoff before this stormwater reaches our lakes and streams. This is required by state and federal law to meet established water quality standards. In many of our developed portions of the District we need to find new and innovative methods to accomplish our goaL One potential new method is the use of spent lime to remove nutrients from the stormwater in a small treatment basin. The District applied for and received grant funds from the State of Minnesota Pollution Control Agency to conduct laboratory and field tests on this treatment method. This project will determine the effectiveness of using "Spent Lime", created by local drinking water utilities during drinking water clarification, to reduce phosphorus in stormwater flow. Spent Lime contains calcium, iron, and/or aluminum, all three of which bind phosphorus. This material is usually disposed of or applied to agricultural fields at cost to the water utility. Because ofthe potential for high phosphorus binding capacity, we believe that Spent Lime could be used in a reactive barrier system to remove phosphorus from stormwater runoff in a cost effective manner. Laboratory experiments will be conducted to determine the optimum conditions needed for effective phosphorus removaL The results ofthese experiments will be the basis for the pilot study to determine the phosphorus removal effectiveness under field conditions. Permeable reactive barriers have traditionally been used to remove pollutants from contaminated groundwater. The barriers act as a filter, removing the pollutant of concern as the water passes through the system. For this development project the Spent Lime, which contains iron, aluminum, and calcium, will be used in the permeable reactive barrier system. These elements are found in soils and naturally limit the availability of phosphorus in the enviro11f11ent. Permeable reactive barriers containing these natural phosphorus binders can be used to bind phosphorus and limit nutrient availability in surface waters (make the nutrients unavailable for algae growth). Project Details: This project includes laboratory and field scale research phases. The laboratory portion ofthis project is designed to test Spent Lime to determine phosphorus removal capacity under different flow rates and phosphorus concentrations simulating the range of conditions which can be found in stormwater runoff in Minnesota. The second part of the study will measure the phosphorus binding effectiveness of a pilot scale system in a field application. In-field measurements will be used to determine phosphorus reduction under the range of conditions at the pilot study site. This field testing site is planned for a remote area at the south side of Wakefield Lake. A small depression will be constructed between Larpenteur Avenue and the existing pond. This new pond will be filled with the spent lime material and stormwater (from and existing catch basin in Larpenteur Ave.) will be routed through the basin and discharged into the existing pond. The existing pond will continue to outlet to Wakefield Lake. The District will be monitoring the inflow and outflow to determine the treatment effectiveness. If results are good, the District will be looking at opportunities to construct a larger treatment system at Wakefield and other District lakes. Health and Safety Issues: This system presents no public health or safety issues to park users or area residents. The new treatment basin will be approximately 20 by 40 feet in size and filled with the spent lime materiaL There will be no permanent standing water in the new basin. This basin is immediately next to the existing pond (approximately 120 feet in diameter). The spent lime material is a natural mineral (limestone) that presents no public health or safety concern to humans or animals. The material will be in small gravel size pieces. The basin will be on the slope between Larpenteur Avenues and the lake. This area is not served by any public trails and is screened from view by existing vegetation. No large trees will be removed. Basin Location (Larpenteur Ave at Bottom) Spent Lime Basin Design For More information contact Cliff Aichinger, Administrator, Ramsey- Washington Metro Watershed District, at 651-792-7957. 2 Attachment 4 MEMORANDUM OF UNDERSTANDING CITY OF MAPLEWOOD AND THE RAMSEY WASHINGTON METRO WATERSHED DISTRICT This Agreement is made and entered into this _ day of 2011, by and between the Ramsey-Washington Metro Watershed District ("District") acting by and through its governing body, their Board, and the City of Maplewood ("City") acting by and through its governing body, their City Council witnesseth: WHEREAS, this Agreement is made under the authority of the provision of Minnesota Statutes Section 471.59, the Joint Powers Act; and WHEREAS, the District wishes to construct, maintain and monitor an experimental lime- treatment sedimentation basin ("Basin") on City park lands bordering Wakefield Lake as described in this agreement; and WHEREAS, the purpose of said Basin is to experiment with the properties of spent lime from potable water treatment facilities for capturing storm water runoff pollutants; and WHEREAS, the operation and monitoring of the basin will occur over a two-year period from the time of ratifying this agreement; and WHEREAS, the District wishes to modify a storm sewer outfall into Wakefield Lake owned, operated and maintained by the County; and WHEREAS, the City grants permission to the District to enter in upon its lands for the construction, monitoring, maintenance and operation of the Basin; and WHEREAS, the construction of the Basin is a land-disturbing activity; and WHEREAS, the District will be responsible for all costs associated with the design, construction, maintenance, operation, monitoring and restoration in and around the Basin; and, WHEREAS, the City and District desire to enter into a Memorandum of Understanding setting forth the roles and responsibilities of the parties. NOW, THEREFORE, the parties agree that: 1) The District shall construct the Basin in accordance with construction drawings and specifications entitled "Permeable Reactive Barrier" sheets C-01 through C-04 inclusive dated March 23, 2011 reviewed and approved by the City. 2) The District shall maintain, operate, inspect and monitor the Basin on a routine basis in accordance with their storm water pollution prevention plan (SWPPP) reviewed and approved by the City. The District shall also routinely inspect the facility following construction to identify maintenance needs. 3) The District and/or the District's contractor shall apply for a grading permit from the City prior to construction. 4) The District and/or the District's representatives shall comply with all City ordinances related to use of Maplewood park lands including hours of operation and permitted/prohibited activities under the City code, unless specifically exempted in writing by the City. 5) The District's activities within City parkland shall not interfere with normal and daily park operation and the activities of park users. 6) The City shall notify the District of any issues pertaining to the construction, operation and maintenance of Basin in writing immediately following a City inspection. The District shall respond within 7 days of notification of the issue. Upon responding to the request, the District shall coordinate a meeting with the City to coordinate a reasonable time for performing any corrective action to alleviate said issue. 7) The District shall operate the Basin on a temporary basis for a period of two (2) years after this agreement has been ratified. After such time has expired, the District shall either decommission the Basin or notify the City of its intent with future operation of the Basin. At that time, the District and City shall ratify a new Memorandum of Understanding. 8) Should the District decommission the Basin, the District shall restore the Basin area in like and kind or better condition compared to pre-construction conditions. 9) The District shall indemnify, hold harmless and defend the City, their officials, agents, and employees against any and all liability, losses, costs, damages, expenses, claims or actions, including attorney's fees, which the City, their officials, agents, or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the District, its officials, agents or employees, in the execution, performance, or failure to adequately perform the District's obligations pursuant to this Memorandum of Understanding. By entering into this Memorandum of Understanding, the parties do not intend to create any obligation express or implied other than those set out herein; further, this Memorandum of Understanding shall not create any rights in any party not a signatory hereto. CITY OF MAPLEWOOD Michael Thompson -- City Engineer RAMSEY-WASHINGTON METRO WATERSHED DISTRICT Cliff Aichinger - Administrator 2 Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commissioner James Antonen, City Manager Nick Carver, Assistant Building Official/Green Building Manager Maplewood Green Building Program Update August 9,2011 for the August 15 ENR Commission Meeting FROM: SUBJECT: DATE: INTRODUCTION Earlier in 2011, Maplewood Commissions and City Council members were introduced to the proposed Maplewood Green Building Program. The main components of the program are the International Green Construction Code and the National Green Building Standards. The presentation outlined how the basic fundamentals of this program can work for Maplewood. During the presentation, it was noted that the Maplewood Green Building Program is both revolutionary and evolutionary, and thus, significant changes will be made to the code prior to Maplewood's adoption and implementation. SUMMARY During the August 15 Environmental and Natural Resources Commission meeting I will provide the Commission with current and proposed code changes prior to the final action hearings formalizing the 2012 International Green Construction Code. Agenda Item 6.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Renewable Energy Ordinance August 11, 2011 for the August 15 ENR Commission Meeting INTRODUCTION The city adopted an energy efficiency and conservation strategy in December 2009. The strategy was required as part of the city's energy efficiency conservation block grant. One purpose for the strategy is to help establish policies and priorities to move Maplewood in the direction of improved long-term operational energy efficiency. I mplementation of the strategy includes the adoption of energy policies that will ensure achievement of the city's energy goals. The renewable energy ordinance, which will assist in the promotion of renewable energy sources throughout the city, will help Maplewood meet that goal. DISCUSSION One area of the proposed ordinance still under review by the Environmental and Natural Resources (ENR) Commission are mitigation measures to reduce bird and bat mortality from commercial turbines. Two measures have been proposed including color requirements and low wind mitigation strategies. Language for these mitigation measures are highlighted on the attached ordinance for discussion (Attachment 1). To assist in the review of these mitigation strategies, Commissioner Mason Sherrill forwarded the Commission four reports on bird/bat mortality issues for your consideration (attached separately). Staff is also including the National Audubon Society's Position on Wind which goes into their support of the adoption of federal and state guidelines on the study, siting, operation and mitigation of wind power to protect birds and bats (attached separately). RECOMMENDATION Review and approve the changes to the renewable energy ordinance (Attachment 1). The ordinance is scheduled for review by the City Council for a first reading in September. Attachment: 1. Draft Renewable Energy Ordinance 2. Bird/Bat Mitigation Reports (Separate Attachments) Attachment 1 ORDINANCE NO. XXX DRAFT 11 (August 15, 2011) AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal) The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new renewable energy ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 1. Scope. This ordinance applies to the regulations of on-site renewable energy systems within the City of Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar photovoltaic systems, and geothermal ground-source heat pumps which are located on the site for which the generation of energy will be used, with excess energy distributed into the electrical grid. Section 2. Purpose and Intent. It is the goal of the city to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Cities are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of "promoting the health, safety, morals, and general welfare of the community." As part of this regulatory power, Maplewood believes it is in the public interest to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. While Maplewood strongly encourages increased energy conservation and improved energy efficiency, the city also finds that increased use of appropriate renewable energy systems will be an important part of improving urban sustainability. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited and installed. These regulations are in place to balance the need to improve energy sustainability through increased use of renewable energy systems with concerns for preservation of public health, welfare, and safety, as well as environmental quality, visual and aesthetic values, and existing neighborhood social and ecological stability. With these regulations, Maplewood is concerned that renewable energy systems, particularly wind energy systems, be designed to minimize the negative impacts on bird and bat species which are vulnerable to mortality from these energy gathering machines. 1 Section 3. Wind Energy Sources and Systems a. Definitions, Wind Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Feeder Line. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Front Yard. A front yard is any part of a yard located between a structure and a street right-of-way line. A corner lot shall have a front yard on each street frontage. Ground mounted WECS. Freestanding WECS mounted to the ground with footings or other apparatus. Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid. Property Line. The boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard. Roof Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure. Side Yard. A side yard is any yard between any part of a structure and the side property line. Significant Tree. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants as determined by the city not considered a significant tree species at any diameter. Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid Tower. Vertical structures that support the electrical generator, rotor, and blades, or the meteorological equipment. Tower Height. The total height of the WECS, including tower, rotor, and blade to its highest point of travel. 2 Wind Energy. Kinetic energy present in wind motion that can be converted into electrical energy. WECS. A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on- site with excess energy distributed into the electrical grid. Wind Energy System. An electrical generating facility that consists of a wind turbine associated controls and may include a tower. Wind Turbine. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Zoning Official. Zoning official is any person designated by the city manager to administer and enforce the city's zoning code. b. WECS Districts 1. Large WECS Districts. (a) Ground and Roof Mounted Large WECS shall be allowed with approval of a conditional use permit as outlined in section d (conditional use permit procedure) in the following zoning districts and land use designations: (1) In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). (2) In all properties located in multiple dwelling residential zoning districts (Multiple Dwelling Residential and Multiple Dwelling Residential Townhouse) for purposes of shared WECS energy production among the residential dwelling units. (3L In all properties approved as a planned unit development for purposes of shared WECS energy production among the businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4) In all properties guided as Government or Institutional in the city's Land Use Designations of the Comprehensive Plan. (b) Ground and Roof Mounted Large WECS shall be prohibited in all properties guided as park or open space in the city's Land Use Designations of the Comprehensive Plan. 3 2. Small WECS Districts. (a) Roof Mounted Small WCES shall be deemed permissible in all zoning districts. (b) Ground Mounted Small WCES shall be deemed an accessory structure, permissible in the following zoning districts and land use designations: (1) In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). (2) In all properties located in multiple dwelling residential zoning districts (Multiple Dwelling Residential and Multiple Dwelling Residential Townhouse) for purposes of shared WECS energy production among the residential dwelling units. (3) I n all properties approved as a planned unit development for purposes of shared WECS energy production among the businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4) In all properties guided as Government or Institutional in the city's Land Use Designations of the Comprehensive Plan. (5) I n all properties guided as park in the city's Land Use Designations of the Comprehensive Plan. (c) Ground Mounted Small WCES shall be deemed an accessory structure, permissible in double or single dwelling residential zoning districts if the following neighborhood consent requirements are met: Written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested. Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. c. Placement and Design 1. Ground Mounted WECS. (a) Height 4 (1) Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than one-hundred twenty five (125) feet. (2) Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than sixty (60) feet. (b) Placement (1) Large WECS shall be located as follows: a) Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the Large WECS or would lessen the negative impacts of such a WECS on nearby properties. b) Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, public right-of-way, electric substation, transmission line, principal structure, or other WECS. In addition, the setback distance must be increased by twenty-five (25) feet from any property that is zoned or planned for residential. c) Have a minimum setback distance from the base of the monopole of six hundred (600) feet from any property guided as park or open space in the city's Land Use Designations of the Comprehensive Plan. d) Have a minimum setback distance from the base of the monopole of one-fourth (X) mile or one thousand three hundred and twenty (1,320) feet from any bluff. (2) Small WECS shall be located a) Be located entirely in the rear or side yard (not including side yards on corner properties where the side yard is adjacent a street). b) Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, public right-of-way, electric substation, transmission line, or other WECS. In addition, the setback distance must be increased by twenty-five (25) feet from any property that is zoned or planned for residential. c) Have a minimum setback distance from the base of the monopole of six hundred (600) feet from any property guided as park or open space in the city's Land Use Designations of the Comprehensive Plan. 5 d) Have a minimum setback distance from the base of the monopole of six hundred (600) feet from any bluff. (c) Number (1) Large WECS. One (1) large WECS shall be allowed on a single lot of one (1) to five (5) acre(s). All other larger parcels will be limited to one (1) large WECS per five (5) acres of land area. (2) Small WECS. One (1) small WECS shall be allowed on a single lot up to one (1) acre in size. All other larger parcels will be allowed one (1) small WECS per five (5) acres of land area. (d) Design (1) Tower Configuration. All ground mounted WECS shall: a) Be installed with a tubular, monopole type tower. b) Have no guyed wires attached to the tower or other components. c) Have no ladder, step bolts, rungs, or other features used for tower access to extend within eight (8) feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower eight (8) feet of the tower. (2) Signs. A WECS operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. 2. Roof Mounted WECS. (a) Height (1) Large roof mounted WECS; a) Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. (2) Small roof mounted WECS: a) All small roof mounted WECS: Shall have a total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. b) Residential Installation: In addition to the twenty-five (25) foot height restriction for the small roof mounted WECS, the height of the WECS and the structure on which it is 6 attached must not exceed the maximum height allowed in the residential zoning district for which it is installed. (b) Placement Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. (c) Number (1) Large Roof Mounted WECS. The maximum number of Large Roof Mounted WECS shall be approved through the conditional use permit process. (3) Small Roof Mounted WECS. No more than three (3) roof mounted Small WECS shall be installed on any rooftop. d. Conditional Use Permit Procedure. Procedures for granting conditional use permits from this ordinance are as follows: 1. The city council may approve conditional use permit requirements in this ordinance. 2. Before the city council acts on a conditional use permit the environmental and natural resources commission and the planning commission will make a recommendation to the city council. 3. In reviewing the conditional use permit the environmental and natural resources commission, planning commission, and city council will follow the requirements for conditional use permit approvals as outlined in Article V (conditional use permits). e. General Standards The following provisions will apply to all WECS erected under the provisions of this ordinance: 1. Noise: Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. 2. 7 3. Over Speed Controls: Shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications. 4. Lighting: Have no installed or accessory lighting, unless required by federal or state regulations. 5. Intent to Install: Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. 6. Signs: The placement of all other signs, postings, or advertisements shall be prohibited on the units. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels. 7. Commercial Installations: All WECS shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total on-site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. 8. Feeder Lines: Any lines accompanying a WECS, other than those contained within the WECS' tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a WECS can be attached. 9. Clearance: Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground. 10. Blade Design: The blade design and materials must be engineered to insure safe operation in an urban area. 11. Warnings: For all large WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. 12. Energy Storage: Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 13. Environmental Standards for Large WECS: The applicant shall provide the following information in the application to minimize impacts on the environment: (a) Natural Heritage Review by the Minnesota Department of Natural Resources. 8 (b) Lands guided as park or open space in the city's Land Use Designation of the Comprehensive Plan that are located within one (1) mile of the project. (c) Conservation easements and other officially protected natural areas within a quarter mile of the project. (d) Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife corridors and habitat complexes. (e) All significant trees impacted by the project. e. Abandonment A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the WECS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 4. Solar Energy Sources and Systems a. Definitions, Solar Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Building-Integrated Photovoltaic System. An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building- integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. Ground mounted Panels. Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Photovoltaic System. An active solar energy system that converts solar energy directly into electricity. Roof or Building_Mounted SES. Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus. Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. 9 Solar Collector. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System (SES). An active_solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. Solar Hot Water System. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Zoning Official. Zoning official is any person designated by the city manager to administer and enforce the city's zoning code. b. Districts Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. c. Placement and Design 1. Height (a) Roof or building mounted SES shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building- mounted mechanical devices. (b) Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district, or ten (10) feet in height, whichever is greater, when oriented at maximum tilt. 2. Placement (a) Ground mounted SES must meet the accessory structure setback for the zoning district in which it is installed. (b) Roof or Building Mounted SES. The collector surface and mounting devices for roof or building mounted SES shall not extend beyond the required building setbacks of the building on which the system is mounted. 3. Coverage Ground mounted SES may not exceed the area restrictions placed on accessory structures within the subject district. 10 4. Visibility (a) SES shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials. (b) Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located. (c) Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. d. General Standards 1. Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. 2. Feeder lines. Any lines accompanying a SES, other than those attached to on- site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached. 3. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. 4. Restrictions on SES Limited. No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's renewable energy ordinance. 5. Maplewood encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. e. Abandonment A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by city officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 11 Section 5. Geothermal Energy Sources and Systems a. Definitions, Geothermal Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Closed Loop Ground Source Heat Pump System. A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. Geothermal Energy. Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. Ground Source Heat Pump System (GSHPS). A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. Heat Transfer Fluid. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight. Stormwater Pond. These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. b. Districts Ground source heat pump systems (GSHPS) shall be deemed an accessory structure, permissible in all zoning districts. c. Placement and Design 1. Placement (a) All components of GSHPS including pumps, borings and loops shall be set back at least five (5) feet from interior and rear lot lines. (b) Easements. All components of GSHPS shall not encroach on easements. (c) GSHPS are permitted in stormwater ponds. 2. Design (a) Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. 12 (b) Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of the city's zoning ordinance. d. General Standards 1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. e. Abandonment A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the GSHPS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 6. General Ordinance Provisions a. Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. b. Conflict This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. c. Severability If any part or provision of this ordinance or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. 13 Agenda Item 9.c. MEMORANDUM FROM; DATE; RE; Parks and Recreation Commission Environmental and Natural Resources Commission (ENR) Heritage Preservation Commission Ginny Gaynor, Natural Resources Coordinator August 9, 2011 Park Master Plan for Gladstone Savanna and Gloster Park TO; INTRODUCTION The city is beginning the park planning process for Gladstone Savanna Neighborhood Preserve and Gloster Park. The above commissions all have a role in development of the master plan. Four neighborhood meetings have been scheduled for the project. This memo explains the planning process. DISCUSSION Gladstone Savanna Neighborhood Preserve is a 24-acre natural area, which currently has no trails or amenities. Gloster Park is a 2.7 acre park with play equipment and open play area. The master plan will treat these as a single site. Our goal is to end up with a similar ratio of active play area to natural area as currently exists at the site. On April 11, 2011, City Council approved the preparation of plans and specifications for Gladstone Area Redevelopment - Phase 1. This includes several improvements in the neighborhood; streets in the western portion of the project, Frost Avenue Bridge, historic marker, trails, sidewalks, public utilities, stormwater, overhead utility burial - as well as improvements to Gladstone Savanna. The Master Plan for Gladstone Savanna/Gloster Park will be developed in 2011 and the specifications will be developed in 2012. We anticipate the park improvements will be installed in phases. The Park Master Plan for Gladstone Savanna/Gloster Park is a complex project with many players. Three commissions are involved. The Parks Commission will review the full park plan, the ENR Commission will focus on soil remediation and stormwater issues} and the Heritage Preservation Commission will ensure the plan is sensitive to the site's history. With three commissions involved, we need to ensure our planning process is cohesive and that the number of meetings for our consultants is not excessive. Thus, the neighborhood meetings will be the primary forum for input and development of the plan. Staff would like representatives from the three commissions to attend the four scheduled public meetings. The representatives would then report back to their commissions at regular commission meetings and gather commissioner input. In November, staff and consultants will attend the commission meetings to present the final proposed plan to each commission for their review and recommendation to council. As necessary, city staff involved with the project can attend commission meetings in September and October. We want to be sure that commissioners are engaged throughout the process so there will be good support for the final plan. Staff asks that the three commissions appoint representatives to attend the public meetings regarding the Park Master Plan for Gladstone Savanna/Gloster Park. If you have questions about the process, please contact Ginny Gaynor (651-249-2416) or the staff liaison for your commission. Schedule for Gladstone Savanna/Gloster Park Master Plan: 1. Survey. In late July 2011, staff sent a survey to all residents that live within Y, mile of the site. This will be tallied and results will be presented at the first public meeting. 2. Public Meeting #1- Tuesday, August 30, 6;30 p.m., Maplewood Community Center Focus: Project scope, background, survey tally, gather input 3. Public Meeting #2 - Wednesday, August 31 6;00 p.m., Council Chambers, Presentation on history of site, by Pete Boulay 7;00 p.m., Meet at corner of Frost and English, Site walk-thru with design team 4. September commission meetings - representatives provide update and gather input 5. Public Meeting #3 - Tuesday, October 18,6;30 p.m., Maplewood Community Center Focus: Consultants present two concept plans and gather input 6. October commission meetings - representatives provide update and gather input 7. Public Meeting #4 - Wednesday, November 9,6;30 p.m., Maplewood Community Center Focus: Consultants present revised concept plan and gather input 8. November commission meetings - staff and consultant present proposed plan for commission review and recommendation 9. December or January - Council reviews concept plan In a related project this fall, staff and consultants will be working with the Community Design Review Board on the streetscape for Frost Avenue. Portions of the streetscape design that are within the Gladstone Savanna site will be incorporated into the Park Master Plan. If you are interested in the streetscape, please attend the Community Design Review Board discussions. Their meetings are the fourth Tuesday of the month and their agendas are posted on the city web (www.ci.maplewood.mn.us). RECOMMENDATION Staff requests that each of the three commissions appoints two to four representatives to attend the public meetings for the Master Plan for Gladstone Savanna and Gloster Park. 2