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HomeMy WebLinkAbout2009 04-06 City Council Manager Workshop Packet AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, April 6, 2009 Council Chambers, City Hall A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS E. NEW BUSINESS 1. Discussion of Policies and Procedures for Commissions and Boards F. ADJOURNMENT MEMORANDUM DATE: 30 March 2009 TO: James Antonen, City Manager; City Council FROM: H. Alan Kantrud, City Attorney RE: Commission Procedures Handbook INTRODUCTION At the request of the City Manager, I have taken the Policies and Procedures Manual from the City of Davis California and modified and/or redacted it into a format that if adopted would serve the City of Maplewood. This effort is a first-edit and subject to comment and revision and is being offered at this time for that purpose. BACKGROUND With the additions of new and reformatted Commissions and the lack of any real over- arching policies and procedures to govern them, it was suggested that one be adopted by the City of Maplewood to better-serve the Commissions and to reduce the likelihood that commission-members will at odds over what policy governs what Commission and why. To that end, the City of Davis adopted a comprehensive policy document that described the role of the Commissions in City government and codified some basic procedures to follow/operate by. That document was geared towards the City of Davis and had references to the State laws of California as well. Since the role(s) of commissions do not change by-in-large from state to state, the basic structure of the Davis policies manual has been kept and what you are reviewing is what the City basically lived by for the past 3 years. In terms of changes, references are now made to our own state law(s) such as the Open Meeting Law and where policies are mentioned that we do not have I have so-indicated in hopes that you will consider whether or not to adopt them for Maplewood. Term limits would be a good example of such a difference of policythat warrants your attention. Also included for your review is our policy on Board and Commission appointment and removal. This is our current policy. For contrast, a copy of the policy from Eden Prairie is also included as an attachment. A discussion of these policies should also include a discussion regarding removal and/or automatic forfeiture of office for Maplewood. Approximately two weeks ago City Manager Antonen distributed a copy of Rosenberg?s Rules of Order for your review. That document is not included with this Memo, but consideration should be made for including that document as a part of the Procedures Manual as well. RECOMMENDATION Please review the basic format and language of the attached Policies and Procedures Manual and advise staff as to how to or whether to proceed to a final version of the same for formal adoption by the City and implementation by the Commissions. Attachments: City of Maplewood Advisory Board/Commission Appointment Policy City of Eden Prairie Advisory Board/Commission Appointment Policy DRAFT Maplewood Commission Handbook Minnesota Statutes CITY OF MAPLEWOOD ADVISORY BOARD/COMMISSION APPOINTMENT POLICY The City Council will hold interviews for the commission vacancies and will make appointments. The City Council will accept prepared questions from the advisory boards to use during the interview process if provided by the appropriate board. The Chair or designee of each commission will attend the interview session and should provide input to the City Council. The chair or designee will not have a vote in the process. The City Council will not impose term limits. However, they will make appointments or re-appointments through an open or community wide process. When a term ends every commissioner seeking re- appointment will re-apply and possibly interview again with the City Council and any other candidates (if there are others). The Council will then have 3 options: re-appoint the existing commissioner, appoint a new person to a new term, or leave the position open to fill in at a later date. The City Council will establish a contact with each advisory board or commission. The Council will make the appointments among themselves at a city council meeting (generally, the first or second meeting of the year). The term of the contact appointment will be for one year or another mutually agreed upon timeframe. The City Council may remove any commissioner from their board for unethical behavior or other misconduct. Excessive absences from meetings during a year will result in an automatic resignation. Each commission will have the chair or other member attend city council meetings to present reports on topics/actions taken at commission meetings. This is currently done by the CDRB and PC and will now be extended to other commissions. Adopted May.04 Subd. 4. Vacancies and Removal of Members A. Vacancies: Membership shall become vacant upon the occurrence of any of the following: 1. Death. The death of a member 2. Disability. A determination by the Council that the member?s physical or mental disability renders the member incapable of service. 3. Resignation. The member?s resignation in writing 4. Absence. A member?s absence from three consecutive meetings, unless excused by action of the Council. 5. Change in residence. Termination of a Member?s residence in the City B. Removal from Office. A member may be removed: 1. Upon Petition of a Board, Commission or Task Force. The Board, Commission or Task Force, by a three fifths (3/5?s) vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members, shall have the authority, in its discretion, to remove any member. CITY OF MAPLEWOOD COMMISSION HANDBOOK Table of Contents Resolution adopting Commission Handbook .............................................03 Chapter 1: Introduction and Overview .......................................................04 Chapter 2: Advisory Role ...........................................................................13 Chapter 3: Commission Meetings ..............................................................17 Chapter 4: Parliamentary Procedures .......................................................19 Chapter 5: Legal Issues .............................................................................22 Chapter 6: Helpful Advice ..........................................................................26 Appendix: Sample Agendas .......................................................................................28 Sample Minutes .........................................................................................32 Rosenberg?s Rules of Order ......................................................................35 Simple Guide to Motions ............................................................................40 RESOLUTION NO. 06-62, SERIES 2006 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 June 29, 2004; 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 by the City Council of the City of Maplewood hereby adopts the Commission Policy Guidelines as amended and the Commission Handbook. PASSED AND ADOPTED by the Maplewood City Council on this second day of May, 2006, by the following vote: AYESNOES: NONE ABSENT: NONE _____________/s/_________________ Mayor ATTEST: _____________/s/_________________ City Clerk 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 The city of Maplewood prepared its own commission handbook to assist commissioners by outlining accepted practices and clarifying expectations. While 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. 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. For new members joining a commission, staff liaisons will provide visitations for members to tour facilities and provide background information on issues facing the commission. Here is a brief summary of how city commissions serve the democratic process in the city of Maplewood. Hold public meetings and use other means to determine how the community feels about issues. Recommend policies and procedures related to their respective fields to the City Council. Serve as intermediary between the public, city staff and the City Council by providing information, explanation, and support for different points of view. In specific instances, such as the Planning, Tree and Historic Resources Management Commissions make non-binding recommendations on issues, applications and other policy matters as directed by the Maplewood City Council. Putting boards, commissions and committees into context The city of Maplewood is a general law city, incorporated in 1958 under the laws of the State of Minnesota. 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 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 five council members who are elected in a non-partisan election and serve ?at large? representing the whole city. The City Council is accountable to the citizens it serves. Council elections are held with the state primary election which is in September of even calendar years. Council members serve four-year terms. Three council members are elected in one election and two council members in the next election. The selection of mayor is the candidate receiving the highest number of votes in the previous election. That person serves as mayor pro tem the first two years of his/her term and mayor the second two years of his/her term. The City Council formulates policy, approves programs, appropriates funds, and establishes local taxes and assessments. The 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 usually meets on Monday evenings at 6:30 p.m. in the Community Chambers at City Hall. 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, www.ci.maplewood.mn.us. City Council agendas may be emailed to individuals by subscription. City Council and commission agendas with staff reports attached can be viewed on the city web page: www.ci.Maplewood.mn.us/meetings/agenda Boards, Commissions, Committees The City of Maplewood currently has five advisory groups categorized as boards and commissions (referred to collectively as ?City Commissions?). Council has appointed numerous task forces and 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, 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. (check that) 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, desire to seek solutions and promote harmony in the community.City Council also hears applications and conducts interviews for positions on the various Commissions. Boards and Commissions and Membership Requirements This list briefly describes each city commission. Certain commissions are subject to the state conflict of interest rules and commissioners must both file statements of economic interest disclosing the member's economic interests and refrain from participating on matters in which the commissioner has an economic interest. Oath of Office is Required for All Commissioners (is this true here?) The oath of office is the standard oath set out in the California State Constitution and is required for all elected and appointed officials in California as well as all city employees. Planning Commission The Planning Commission is the city?s planning agency authorized by state law. It serves as the agency to hear matters relating to zoning regulations such as final planned developments, use permits, variances, zoning interpretations and ordinance amendments. It also serves as the advisory agency to hear subdivision matters. The commission serves as the advisory agency to hear general plan amendment, annexation, pre-zoning, rezoning, and development agreement applications. It develops and maintains the general plan and the City?s specific plans, determines the consistency of projects with the general plan and performs such other duties as the City Council shall determine. MUST FILE ASSUMING OFFICE ? STATEMENT OF ECONOMIC INTEREST FORM 700 Recreation and Parks Commission This commission advises the City Council on matters pertaining to public recreation and parks. City 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 City Clerk?s Office. 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. City Clerk The City Clerk is an appointed position responsible for the recording, writing and maintaining the records of City Council proceedings. The City Clerk conducts municipal elections through coordination with County of Ramsey Elections Office. The Clerk stores and indexes official documents and city records for retrieval, administers Conflict of Interest disclosures and Campaign Disclosures Statements and is the custodian of the seal of the city. 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 attorney-client privilege. The City Attorney rarely attends commission meetings but may provide counsel to staff when legal issues arise on commission matters. Community Development Department The Community Development Department is responsible for (1) researching, analyzing and recommending proposed general and specific plans, ordinances, codes and guidelines; (2) reviewing and making recommendations on proposed development projects; (3) ensuring that approved project plans are consistent with city policies; (4) inspecting all residential, commercial and industrial building construction to ensure compliance with applicable codes; and (5) oversees cultural services activities and review, including public art and historical resource designations and design review. The Community Development Department serves as primary staff to the Planning Commission, Historic Resources Management Commission, Civic Arts Commission, and the city/UCD Student Liaison Commission. Human Resources Division The Human Resources Division is responsible for the direction and coordination of filling vacant positions, administering employee benefits, facilitating all labor negotiations, citywide training programs, and administering city losses from liability claims. The Human Resources Division staffs the Personnel Board. Information Services Division Information Services Division provides internal computing resources, maintains the city?s Web site, and coordinates with the county on the operation of the city?s telephone system. Finance Department Finance Department houses the Finance Director as the City?s controller, auditor, and treasurer. The Finance Department staffs the Finance and Budget Commission. Fire Department The Fire Department is responsible to ensure that the community?s emergency resources and prevention services are effectively and efficiently delivered and managed. The fire department provides emergency services, which include pre-hospital emergency services at the EMT-1D level (defibrillation); response to structural, vehicular and vegetation fires, hazardous materials response, water rescue, public assistance and other emergencies. The prevention services provided include fire and life safety inspections, plan review services; public education on fire safety and fire prevention; fire investigations and a youth fire diversion program. The training division trains and prepares the firefighters to respond to a wide diversity of emergency Parks and Community Services Department incidents. This department is responsible for operating and maintaining a variety of services and facilities related to recreation including design and maintenance of various parks, greenbelts and street trees, staffing and operation of community buildings and swim complexes; administering programs for senior citizens, the disabled and child care, and providing a variety of general services to other departments. Parks and Community Services Department provide primary staff for the Recreation and Parks Commission, Open Space Commission, Senior Citizens Commission, Social Services Commission and Tree Commission. Police Department This department is responsible for carrying out law enforcement and the protection of life and property. The Police Department also acts as a public safety dispatch center for all emergency calls for police, fire and ambulance services in Maplewood. In addition, the Police Department issues dog licenses, dance permits, noise permits, parade permits, parking permits and security clearances. The Police Department sponsors some public service programs. Public Works Department The Public Works Department is responsible for four areas; 1) operation and maintenance of the street and utility systems; 2) implementation of the capital improvement program; 3) processing and inspection of public infrastructure improvements in subdivisions; and 4) administration of solid waste collection service agreement. Public Works Department staffs the Natural Resources Commission and Safety Advisory Commission. Redevelopment Agency The Maplewood City Council created the Redevelopment Agency in 1987 in order to help revitalize certain areas of the city. The agency is an independent public entity, separate from the city. The City Council serves as the Redevelopment Agency Board. The Mayor is the Chair, the Mayor Pro Tem is the Vice-Chair, the City Manager is the Executive Director, the City Clerk is the Secretary, and the Finance Director is the Treasurer of the Agency. The Redevelopment Agency usually meets at the same time as the City Council meets. History of the City of Maplewood The site of what is now Maplewood lies north of the original stream-bed of Putah Creek (Rio de los Putos), which became the dividing line between Yolo and Solano counties in 1850. Patwin Indians lived in the immediate Maplewood area. An abundance of native plants and wildlife sustained both animal and human inhabitants before hunters, trappers and the first pioneer agriculturists brought drastic changes. During the 1850?s, a number of American and European immigrants sought title to portions of Rancho Laguna de Santos Calle, the unconfirmed Mexican land grant on which most of the city of Maplewood and the University of California at Maplewood campus are located. The California Pacific Railroad developed a triangular railroad junction in Maplewood, which played a major role in the development of the city. The official town plot, covering a 32-block area that fronted on Putah Creek was recorded November 24, 1869. By 1870, Maplewoodville citizens numbered 400. During the latter 19 century, the town?s economy was chiefly related to agricultural th development; by 1906, Maplewoodville had settled into its agricultural roots and had become known as ?Maplewood, the future home of the University Farm.? Though Maplewood dates its founding from the arrival of the railroad in 1868, the city was officially incorporated on March 28, 1917. Initially, the commission-form of government served the local population. In 1928, the Mayor-Council form of government was adopted. In 1950, the first city administrator was appointed, and in 1965, the position of City Manager was instituted. Planning Commission was established in 1925, and the city?s first General Plan was adopted in March 1927. In 1973, a new General Plan resulted in a plan, which emphasized the retention of Maplewood? present character by reducing population goals and preserving prime agricultural lands. Another new General Plan, adopted in December 1987, reaffirmed the importance of growth control, agricultural and open space land preservation. That plan calls for a ?Maplewood Urban Area? maximum population of 75,000 by the year 2010The City . Council, in May 2001, adopted an updated and revised city of Maplewood? General Plan after a lengthy and comprehensive public participation process. The updated plan represents the city?s expression of quality of life and community values, reaffirms growth control and open space land preservation . CHAPTER 2 The Advisory Role 2 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 responsibilities of service as chair and 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. (I believe that a commission member does appear at Council Meetings, but it is not the Chair every time) Attend City Council meetings 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: 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. Build trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair: Substitute for the Chair as needed. Responsibilities of Individual Members Each member of the city of Maplewood board, commission, or committee agrees to the following responsibilities during his or her term of office: Attend every meeting (if unable contact staff liaison requesting an excused). 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. Role of the Alternate Member May participate in all discussions. Votes only in absence of a member. 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 staff liaison, not directed to other city staff. 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. 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 members about their role and responsibilities. Coach individual commission members to participate and develop their skills. Staff will make every effort to respond in a timely and professional manner to requests made by individual commissioners for information and assistance. Request that require significant staff time should be approved by the City Council. Staff response to individual commissioner will be distributed to all commission members if the liaison believes the material may be of interest. Staff 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. 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 the 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 (with the exception of some actions taken by the Planning Commission and Historic Resources Management Commission). Remember that the City Council has a broader area of concern and does not always follow commission recommendations. (I believe that we have STAFF liaisons appointed to each Commission but not Council members as indicated below) 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. (true?) 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 staff liaison 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. (Procedures Manual for CouncilMembers) Term of Office Term of office 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, administered by the Mayor, Manager, City Clerk, or staff liaison. (I don?t think we have a policy that reflects this term limit language below) Reappointment Policy (we do not currently have this; left in to discuss) The City Council has adopted a general term limitation for members on any board or commission of eight (8) successive years or two full terms. Any board or commission member having served eight successive years may be re-appointed based on exceptional circumstances. Exceptional circumstances may include, but not be limited to, the incumbent?s special expertise, the need to preserve continuity on the board and commission, or a lack of other qualified applicants. Time served on any board or commission pursuant to any appointment to fill an unexpired term or time served as an alternate member is not to be included in the two terms or eight year limitation. (I don?t think that we have a policy regarding this issue) 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 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. When a commissioner speaks before a public body, the commissioner needs to inform the agency they are speaking for the commission and has been authorized to speak for the commission. If a commissioner is not speaking in an official capacity they must explain they are speaking for themselves. CHAPTER 3 Standing 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 posted by the City Clerk?s office at least 72 hours prior to the meeting in order to comply with the Brown Act (see legal section for more detail)(not the case here, but we can make it so) (Sample copy of agenda in the appendix) Minutes Minutes of each meeting of a city commission are usually recorded by the staff liaison in conjunction with the secretary of the commission. 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. Action Minutes: There are three types of minutes ? Reflect the motion, the maker and Summary Minutes: second;reflects the above action plus a brief summary of the Detailed Minutes: discussion; and Reflects actions plus a record of the entire discussion. The city of Maplewood requires that all commissions, prepare ?summary (Appendix minutes? however there are times when ?action minutes? are appropriate. has a sample copy of summary and minutes) 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 commissions should then be retained by the staff liaison and the City Clerk. Special Meetings Special meetings may be called by the chair or a quorum of the commission and coordinated through the liaison. Written notice must be giving to the commissioners and to the media 72 hours prior to a special meeting (Minn. Stat. § 13D.04 Subd. 2). Special meetings arediscouraged by the City Council. 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, staff will prepare a staff 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. Televised Meetings As part of its franchise agreement with the City of Maplewood, Comcast 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 and the Planning Commission and other standing Commissions are televised on a regular basis. Requesting a Meeting be Televised (do we want this in?) Commissions that are not televised on a regular basis may request a meeting be televised. The commission should be certain that the meeting would attract a wide interest in the community before requesting that it be televised. The Chair of the commission should direct staff to make a request to televise the meeting. The request must be made to the media services program a minimum of two weeks in advance. All televised meetings take place in the Community Chambers. 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 come 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 Subcommittee Guidelines: Meeting Law. 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. Chapter 4 Parliamentary Procedure City commissions follow a modified version of Rosenberg?s Rules of Order, Simple Parliamentary Procedures for the 21Century as adopted by City Council. The st adoption of rules was undertaken to simplify procedures. A scaled-down and modified A copy of these Procedures ?appear in the version is appropriate for commissions. appendix of this handbook. The use of parliamentary procedure: Promote cooperation and harmony so that people can work together more effectively to accomplish their goals. Guarantees each individual an equal right to propose motions, speak, and ask questions and vote. Protects the rights of minority points of view and gives the minority the same consideration and respect as those in the majority. Encourages the full and free discussion of every motion presented. Ensures that the meeting is fair and conducted in good faith. Quorum A quorum is the minimum number of members that must be present for a group to conduct business. A quorum is one more than a majority of the authorized seats on the commission. The number needed for a quorum does not change because of vacancies on the commission. For a seven-member commission, a quorum of four must be present. For a five-member board, a quorum is three members. Voting Procedure When present, all commissioners are to vote. Failure of a seated commissioner to orally express a vote constitutes an affirmative vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law. 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 tie vote is equivalent to a vote that has failed. The chair may publicly explain the effect of the tie vote for the public. 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: 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 What is the procedure for obtaining an excused absence from a meeting? A member of a City commission who must miss a meeting should notify the staff liaison in advance in order to obtain an excused absence. Three consecutive unexcused absences can result in removal from office. (new to Maplewood) Is a majority vote needed in order for a 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 legal issues for more information on conflict of interest) If my term of office expires with one commission (two consecutive terms), must I wait one year before I can serve on the same board, commission, or committee? Yes. If I am serving a term of office with one commission and there is an opening on another commission, may I apply to serve on the other one? Yes, but if you are appointed you would have to relinquish your position on the first commission. There does not have to be a break in service to be eligible to move from one commission to another. However, Council may determine that a commissioner may serve on two commissions. Some commissions have liaison representatives from other commissions when there is overlapping responsibilities. What is the procedure for resigning from a City Commission? An individual, who must resign, due to personal or professional circumstances, should send a letter to the City Council stating the effective date of the resignation. The resigning individual should, as a matter of courtesy, notify the chair and the staff liaison. 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. The Council can also vote to remove someone who has missed three consecutive meetings when those absences have not been approved. Some examples for removal are as follows: Writing letters representing the commission, purporting to come from the Commission or the City, without commission and City Council approval. Talking about commission business, on behalf of the commission, without authorization from the body. Behavior unbecoming of a commissioner, such as illegal behavior. Inappropriate or rude behavior to a city staff member or another commissioner. Unethical behavior. Inappropriate use of resources or funds without staff approval. When interaction between commissioners is detrimental to the functionality of the commission or making it impossible to carry out the duties of the commission. (the above-referenced infractions are called out as triggers for removal under state or local law, so if they remain, they should be codified instead of being examples.) 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 Minnesota Open Meeting Law guarantees open meetings (Full Text of the Open Meeting Law is enclosed in the appendix) Whenever a quorum (majority) of the City Council or a commission is discussing city business, it is a meeting as defined by the Open Meeting Law, Minnesota Statute 13D. All meetings must be open to the public, noticed and agendised. The public must receive notice of subjects being discussed at the meeting and be given an opportunity to comment. In regards to the Open Meeting Law, all councils, boards and commissions are ?legislative bodies.? The Open Meeting Law applies to all standing commissions established by the City Council. Closed Sessions Not allowed except as authorized by Open Meeting Law. In general, only the City Council hold closed sessions. ?Serial? meetings are prohibited A ?serial? meeting is defined as a situation when members of a city commission individually meet, telephone, email, 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. Sometimes referred to as ?Daisy Chains? and ?Hub and Spokes? and electronic mail. The problem with serial meetings is that they develop a consensus of the members outside of a public meeting and deprive the public of the right to hear the deliberations and to participate in the decision making at a meaningful time. Members should be cautious about discussing commission business outside of a formal meeting with other commissioners to avoid engaging in a serial meeting. Posting of agendas Only items on a regular meeting agenda posted 72 hours prior (not required now) to a meeting can be acted upon. The public must have the opportunity to speak on issues before a government body can take action. That is why commissions must be careful in discussing only the topics listed on the publicized agenda. Economic Conflict of Interest What to do if you?re in doubt Whenever a member of a city board, commission, or committee believes that there may be an economic conflict of interest, he or she should seek an opinion from the City Attorney or Fair Political Practice Commission. At any time, it is safest to err on the conservative side and to publicly identify the conflict, and follow the rules in the next section on disqualification. Disqualification because of the Conflict of Interest If a member has a conflict of interest, the member must disqualify him or her self from participating in the matter. This includes all discussion on the matter as well as the actual vote. Other Legal Issues 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 thatpurports to represent the entire group unless that member has been given authority to do soby a majority vote of the commission. Correspondence by members of commissions (including letters, emails, and other writtencommunications) should not appear to represent the viewpoint of the full group unless thecorrespondence is for official business of the commission and has been approved by thegroup and the City Council. Commissions are not permitted to send correspondence outsidethe 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 may wish to disclose such contacts at the commission meeting when the item is discussed. Frequently-Asked Legal Questions May a 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 financial 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 outlined in the Economic Conflict of Interest disqualification section of 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 such as through minutes, studying staff report or 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 had reviewed either a tape, the minutes, or staff report and considered all portions of the issue. The member determines if he or she can vote. 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. You 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 point of view. Treat everyone with respect and dignity. You are an important part in 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. Special tips for new members of City commission Attend meetings of the board, commission or committee before applying for the position. As soon as you are appointed, regularly attend meeting even before taking office to become familiar with current issues under discussion. Read through 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 appointed, you are subject to the Brown Act open meeting law. Phrasing and Dividing Motions 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 as possible. This allows meetings to be rescheduled if it is clear there will not be a quorum. Treat all staff as professionals. Acknowledge the abilities, skills, experience an 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. 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. You 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 member. Be clear you are speaking as an individual, not on behalf of the commission, the City Council or the city in general. If it is a subject that is going to come before your commission it is probably inappropriate to be talking about it to the media. 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. Summary of the Open Meeting Law Intent of the Act Public boards, commissions and councils shall take their actions openly and deliberations shall be conducted openly Open meetings Agendas that describe the business to be conducted at the meeting Notice for meetings Meaningful opportunity for the public to comment Few exceptions for meeting in closed sessions and reports of items discussed in closed Sessions What public bodies are covered by the act? "Legislative bodies" are subject to the Open Meeting Law City Councils City Boards and Commissions Public Agency Boards, Commissions, Committees including Joint Powers Agencies Includes any body of the local agency, permanent or temporary, created by ordinance, resolution or formal action that contains a quorum of voting member who can transact public business and bind the City. Includes newly elected or appointed members (prior to being sworn into office) What is a meeting? A meeting is: Any congregation of a majority of the members of a legislative body A. To hear, discuss or deliberate on any item within the subject matter jurisdiction of the body or the local agency Includes study sessions Does not require that action be taken B. Any use of communication, personal intermediaries or technological devices through which a majority of the members develop a concurrence as to action to be taken on an item Serial Meeting "Daisy Chains" "Hub and Spokes" Electronic Mail A meeting is not: Community meetings, conferences and social gatherings Conferences open to the public that involve a discussion of issues of general interest Open and publicized meetings organized to address a topic of local concern by a person or organization other than the public agency Purely social or ceremonial occasions Attendance by majority at other open, noticed meetings Another body of your agency Legislative body of another local agency Standing committee of your body, if attend only as observers So long as no business is discussed among the members Types of meetings and general meeting requirements Regular meeting The time and place of regular meetings are established by the body by formal action (applies also to advisory committee and standing committees) Any item of business may be discussed at a regular meeting so long as the item is on the agenda or properly added to the agenda Standing or Advisory Committee meetings if posted 72 hours before meeting Adjourned regular meetings A regular meeting may be adjourned from time to time Still requires proper notice and agendas Special meetings ? May only discuss the items listed on the agenda ? May not add items ? Requires special notice All meetings must be held within the jurisdiction Exceptions: To inspect real property To participate in interagency meetings To comply with court order No meeting facility in the jurisdiction Meetings in and relating to an agency facility outside of jurisdiction To meet with the agency's attorney in closed session on pending litigation if it would reduce legal fees All meetings must be held in locations that are accessible to disabled persons No meeting may be held in a facility that discriminates on the bases of race, religion, color, national origin, sex, etc. No meeting may be held in a location where members of the public cannot be present without making a payment or purchase Preparing an agenda The agenda must include a brief description of every item to be discussed Brief general description generally need not exceed 20 words [20 word description is a guideline] May want to list each specific item within an agenda item: "council initiated business" "commission communications" "public correspondence" Closed sessions MUST be listed on the agenda Act lists the information required for agendizing closed sessions If body uses the Act's closed session "safe harbors" cannot be found in violation of the Brown Act agenda requirements Each agenda must include a time for public comment: Agenda must be structured so that public comment is permitted before or during the body's consideration of an agendized item Agendas must include notice regarding availability of agenda materials in alternate formats for ADA compliance Special meetings must also include public comment but only on the particular items on the special meeting agenda Notices Regular Meetings Agendas for regular meetings must: Available for viewing in the City offices specify the time and place of the meeting be posted in a location that is freely accessible to the public and at any teleconference site be mailed to any person requesting notice annually in writing, including all staff reports (may impose a fee) be made available in alternative formats to persons with disabilities Special Meetings Notice: must be posted 72 hours prior to the meeting must be given to every member of the legislative body personally or by any other means received at least 72 hours prior to the meeting can be waived by members of the body in writing at or prior to the meeting [notice is waived by any member who is present] must be given to each newspaper, television and radio station requesting notice in Writing Conducting the meeting Must permit audio and video tape recordings of meetings by public and by the media unless recording cannot be done or continued without noise, illumination or obstruction of views that constitute a disruption of the meeting Then should permit taping that can be accomplished without disruption No secret ballots No mandatory sign?in May use teleconferencing for receipt of public comment or testimony Teleconferencing with any meeting Defined as meeting of the legislative body, the members of which are of individuals in different locations, connected by electronic means, either audio, video, or both Requirements: Identify each teleconference location in notice and agenda Each location must be accessible to the public Agenda must provide public at each location opportunity to address legislative body as required by OML Conduct meeting in manner that protects statutory, constitutional rights of all public members at each location Roll call votes during teleconferenced meeting At least a quorum of legislative body must be within boundaries of jurisdiction Public Comment Public comment is appropriate on any matter within the subject matter jurisdiction of the body Cannot prohibit public criticism of the policies, procedures, programs or services of the agency or of the acts or omissions of the legislative body Public comment must be permitted before or during the body's consideration of an agendized item Board may adopt reasonable regulations including: Limiting the total amount of time allocated for public comment on particular issues and for each individual speaker Special meetings must also include public comment but only on the particular items on the special meeting agenda No discussion or action on any item not on the agenda Except: May respond briefly to statements made or questions posed by members of the public under public comment May ask questions for clarification, provide a reference to staff, ask staff to report back or schedule an item for a later meeting May make brief report on his or her activities Adding items to the agenda Only applies to regular meetings ? cannot add items to a special meeting STANDARD for adding items (not current law) Requires a two-thirds vote of board members present (or if less than two- thirds of body present, a unanimous vote of those present) Making two findings: 1. There is a need to take immediate action AND 2. The need to take action came to the attention of the local agency after the posting of the agenda. May also add item if true emergency or if matter was posted for a prior meeting occurring not more than five days prior and the item was continued to the meeting Writings All materials distributed to the legislative body, except privileged items, are public records All materials, except privileged items, distributed to the legislative body by any person are public records Must be available for inspection and copying "without delay" If writings are distributed by the local agency during a meeting, copies must be available for public inspection immediately Must be available after the meeting if prepared by some other person However, cannot delay release of a public record solely because it has not yet been distributed to the legislative body Closed Sessions Not allowed except as authorized by Open Meeting Law Permissible Subjects: Real Estate Negotiations Labor Negotiations Appointment, Employment, Evaluation of Performance, Discipline, or Dismissal of a Public Employee Attorney-Client Privileged Discussions Commission Policy Guidelines Recruitment Policy City of Maplewood will advertise in the local newspaper, cable, and 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 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/boards/task forces and committees are appointed by City Council. Role of Commissions The primary role of city of Maplewood 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 ?arm? 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 revision of the City Council. Appointment of Chair and Vice Chair Commissions/boards will appoint chair and vice chair at the first regular meeting in December to take over 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 of which it was formed, there are certain responsibilities that are common to all commission members. The following is a summary of those responsibilities: (1) Abide by the Minnesota Open Meeting Law on open meetings. All members have received the full text of the Open Meeting Law. Once a commission member has been appointed to a commission, they 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 informed of the individual scope of responsibility and operation 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 in building a consensus around common goals and objectives. (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 for successful operation of any commission. In contacting city personnel on items of consideration, the proper channel is through the designated staff liaison 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, strive to minimize political action on issues. (9) Members should not use or involve their commission membership in the conduct of personal political activities. (10) When 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. Attendance (not part of current code) Continued absences may be the basis of replacement of any member. Excused absences may be obtained by arrangement with the staff liaison prior to the meeting. General rule is three excused absences per year. (Definition of an excused absence would be for medical purposes, job related conflict, family conflict ? naturally if there are circumstances involved resulting in need for extended absences, this should be discussed with the staff liaison) 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 cancelled after 15 minutes if a quorum is not obtained. 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 Council, terms of office on most commissions are four (4) years for regular members. If a regular position becomes available and the alternate would like to fill the vacancy, they would need to apply. (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) Commission/board member having served two consecutive terms may be re- appointed under exceptional circumstances. (f) A member who has fulfilled two terms or resigned may be appointed to the same commission after one year. (g) 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 (1) 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) personality 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, or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison. Public Hearings Commissions should consult City Council prior to holding a non-obligatory public hearing especially for controversial issues. Exception: Planning is required to hold public hearings on planning issues. Special Meetings Commissions should not schedule special meetings except under extraordinary circumstances. The exception would be to expedite planning/zoning, review of applications or public art projects which are requirements of the commission or staff liaison. 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, which are not those of the majority of the commission, must be identified as such. City Council relationship with City Commissions/Boards; Communication with other agencies and groups Individual Council members may attend meetings and may participate in the commission?s discussion, but are not in a position to direct the commission?s discussions or recommendations. 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 staff liaison will track the number of unexcused (or ?excused? when it applies) absences for each commissioner. The staff liaison is responsible for keeping the commission in compliance with the Open Meeting Law during meetings. Minutes, after approved by the commission, are forwarded to the City Clerk, and scheduled as an informational item on the City Council?s agenda. 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 should be considered on individual commission or member basis. 13D - OPEN MEETING LAW, 2008 Minnesota Statutes https://www.revisor.leg.state.mn.us/statutes/?id=13D&view=chapter Attachment 4 (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 inthe action was also the subjectof a prior written op inion issued under section 13.072, and the court finds that the opinion is directly related to the cause of action being litigated and thatthe 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 l; 1983 c 274 s 18; 1984 c 462 s 27; t987 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 i s 39; 1997 c 154 s 2; 200 8 c 335 s 2 13D.07 CITATION. This chapter may be cited as the "Minnesota Open Meeting Law." History: 1957 c 773 s 1; 1967 c 462 s I; 1973 c 123 art 5 s 7; t973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 13 7 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 I s 39; 1997 e 154 s 2 6of6 4/1/098:33 AM Packet Page Number 46 of 46