The URL can be used to link to this page

Home My WebLink About2009-12-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, December 21,2009 7:00 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. October 19,2009 b. November 16, 2009 5. New Business a. Maplewood 2010 Street Project - Hills and Dale Neighborhood b. Commission Appointment Questions 6. Unfinished Business a. Review of Commission Handbook and Amendment to the Environmental and Natural Resources Commission Rules b. Review of Goals/Unfinished Business and Status of Subcommittees 7. Visitor Presentations 8. Commission Presentations a. December 12, 2009, City Council Meeting (Wetland Ordinance, Energy Strategy) - Update by Chair Mason Sherrill b. Fish Creek Greenway Ad-Hoc Commission - Update by Commissioner Yingling 9. Staff Presentations a. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, October 19, 2009 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 7:00 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Judith Johannessen, Commissioner Carole Lynne, Commissioner Frederica Musgrave, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Commissioner Trippler Present Present Present Present at 7:03 p.m. Pre~J1t p.r;-esent 1A1)S'i Staff Present Shann Finwall, Environmental Planner Larry Farr, Chief Building Engineer Alan Kantrud, City Attorney Bill Priefer, Recycling Coordinator C. APPROVAL OF AGENDA Seconded by Commission Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Trippler moved to approve the September 21. 2009. Environmental and Natural Resources Commission minutes as submitted. Seconded by Commissioner Schreiner. Ayes - Commissioners Mason Sherrill, Musgrave, Schreiner,Trippler, Yingling Abstention - Commissioner Johannessen The motion passed. E. NEW BUSINESS a. Energy Efficiency and Conservation Strategy: 1. Environmental Planner, Shann Finwall gave the report and answered questions of the commission. October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 1 2. Senior Energy Scientist, George Johnson with SEH, Vadnais Heights, gave the presentation, addressed and answered questions of the commission. ; 3. Chief Building Engineer, Larry Farr gave a brief presentation and answered questions of the commission. Commissioner Trippler said in the document he didn't see Landscaping - or positioning of trees or vegetation as a means of sun or wind block. He also didn't see under Heating Systems - geothermal. Also, on page 13(7)(a) under implementation action plans, the CDRB should be included to review things. On page 19(D) it discusses personal vehicles. He stated that personal vehicles should be defined and how the city could make an impact to a person's personal driving habits. Mr. Johnson said he was not aware of the CDRB and the process but it's appropriate to include. He said he was referring to personal vehicles in the sense that the city staff could volunteer to step down with the need to use cars or switch to smaller vehicles if it was too far to bike or walk to a location. Commissioner Musgrave said Ramsey County is using more water than we are putting into the system and the use of water needs to be reevaluated. She is concerned about capturing the green jobs and about the number of contracts that are dope with the city. The city can spend a lot of money trying to save money, such as trying to be t efficient with energy and then spending it elsewhere. Commissioner Musgrave sta t Xcel Energy did a home energy inspection on her home and there was a standard sed for the audit. She wondered what the standard checklist was for the energy it for the . . Mr. Johnson said the money that is comin not enough that the city to complete all 0 a gift to cover a small portion. Far more i sustainable. This money is a bon a Lighting is one of the biggest e te We have become too reliable doing to our night sky and Cities Metropolitan Are public transportation. I com People rnoved to using the I ood in the form of these energy grants is iciency upgrades. It is a down payment or onvert our society to something more ce 0 get a jump on energy efficiency projects. here are also many problems with light pollution. d we don't understand what all of that light is ent. Public transportation is not very good in the Twin ny people to using their cars. Minneapolis is better with om a former culture where people walk to their destination. rive four blocks. Mr. Johnson said regarding baseline modeling, we need to compare apples to apples. Chief Building Engineer, Larry Farr is working to put all the city buildings into the B3 Benchmarking System. That is the system whereby the State of Minnesota can compare every building and its energy consumption based on its footprint. This hasn't been done before. This information will go a long way towards answering the concerns about comparable data. Chair Mason Sherrill thanked Mr. Johnson for the excellent report. She clarified that the goal is to upgrade and retrofit the buildings to make the city buildings greener with this money. As a community this is a great place to start because it is government putting its money where its mouth is. This document is a starting point. She is concerned about the world wide tree loss and other factors that are affecting the real green in our culture. Planting and preserving trees saves money. Chair Mason Sherrill said she felt Maplewood is not very pedestrian friendly. She said the commission has discussed that in the past. She asked if Mr. Johnson was familiar with Peter McDonough from the Kestro Group. She was going to pass information onto Mr. Johnson regarding his work which includes research on using plants and vines on buildings and around buildings to keep the temperature constant, reduce heat island effect, etc. Commissioner Johannessen said Mr. Johnson did a great job of giving an overview of the kind of energy challenges the city should be prepared for in the future. She would like to see more October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 2 information on educating the public on this. She wondered if individual residents could participate in the teams that are going to be conducted and act as leaders or carry on with the educational part of'this when it gets to the more individual homeowner level. Environmental Planner Finwall stated that the Energy Efficiency and Conservation Strategy will go to the Green Team, and then back before the commission in November, before the city council's final review in December. b. Chickens in Residential Zoning District: 1. Jeremy and Amy Decker, residents of south Maplewood, addressed the commission and discussed their experience with chickens in residential areas and how they would be supportive of a zoning code change to allow for chickens. 2. City Attorney, Alan Kantrud answered questions of the commission. 3. Ron Cockriel, 943 Century Avenue North, Maplewood addressed the commission and commented on chickens in residential zoning districts. Environmental Planner Finwall stated staff will research this item and bring further information back to the commission at a later date. c. Commission Handbook: 1. Environmental Planner, Shann Finwall introduc 2. City Attorney, Alan Kantrud gave the presen eitem. nd answered questions of the council. Commission Musgrave stated that Rosenberg' document. J were not attached to the ~" Commissioner Trippler said one change Commission's rules is the meeting times. and time of the third Monday of ev on changed to Rosenberg's Rules I dates for the election of chair a place in December. The be made in the Environmental e changed to the commission's new date p. . Also, Robert's Rules of Order should be ition, the commission ordinance has conflicting e Commission Handbook states this should take ,dinance and the rules state this will take place in January. 7 F. UNFINISHED BUSINESS a. Eureka Recycling Contract: 1. Environmental Planner, Shann Finwall introduced the item to the commission. 2. Recycling Coordinator, Bill Priefer addressed the commission and gave a short update on the Eureka Recycling Contract and report. 3. City Attorney, Alan Kantrud addressed and answered questions of the council. 4. President and Chief Operating Officer of Eureka Recycling, Timothy Brownel addressed the commission. Commissioners Trippler and Musgrave felt the city should go through the RFP process rather than extend and amend the contract. Commissioner Trippler asked what happens when the value of recycled paper has dropped. The price of other commodities has also dropped. The economy is a cycle, it goes up and it goes down. He said it's now down. He asked what happens when the price of paper triples and the price of aluminum goes up. He asked how the city benefits from the changes that Eureka proposes or does the city not benefit. Commissioner Trippler said the contract says nothing about a contract extension. He would support the extension of the contract if there was language in the contract to allow for that. When October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 3 he worked with the city to put together the original contract he strongly suggested numerous times that it should be set up for the ability to have extensions without having to go back through the RFP process because its time consuming, it takes a lot of energy and resources to go through this process but unfortunately when the contract was put together that was not included. From his standpoint he doesn't think the contract allows the city to do that. Commissioner Trippler said he doesn't disagree with City Attorney Kantrud that the city can do what they want as long as Eureka, which is the partner in the agreement, agrees. From the standpoint of being a representative of the public he believes we have a higher standard here. Even if the specifics of law say that with recycling you don't need to go through an RFP process you can change the contract. The government needs to fulfill the letter of the law. Commissioner Trippler also said he would like Eureka to address how the markets have gone to pot and there is no money in paper and they are losing money. He doesn't see anything in the contract stating what happens when the market rebounds back. At some point the recession will end and the economy will spring back but he doesn't see how making these changes in the contract will affect the market coming back. Commissioner Musgrave agreed with Commissioner Trippler's comments. She stated the city needs a valid contract, solicitation, proposals and so forth. Just giving a single source contract an extension bothers her, especially when the reimburse~ is different. Part of the staff's job is to do bids, process, and solicitation for the citizens to ~I!te best price and best services rather than doing the minimum. She doesn't see a qua . aliveY~on extend and amend this contract. ~ the cdhtract, which is the benefit rent materials go up then the city gets 60% the service. He said Eureka is on of the materials. Eureka is seeing a lot ec me. A partial reason Eureka changed to the ureka were going to set a contract that anticipates hange to the contract that way they wouldn't be a different issue. Mr. Brownel said there is a revenue share cia mechanism for the city. As the revenues f th of that material value which in turn lower experiencing a very significant change in t less newspaper in recycling and it . per ton fee verses a per house any sort of changes and not re coming back a year from istening to NBC national news and they had a story about uires recycling food waste. Commissioner Trippler asked if that type of market. Commissioner Trippler s San Francisco having a la Eureka Recycling was looking Mr. Brownel said Eureka is looking into the process of collection of compostable materials so that is not just food waste, it would be any household material that would be organic based and compostable including certain paper products such as a frozen pizza box which can't be recycled in any system currently. Chair Mason Sherrill said she wants the city to continue working with Eureka Recycling. Staff is recommending the commission approve option 1, which would amend and extend the contract. The City Attorney has given a legal opinion that the city is within our rights to do this. Because of our history with Eureka and the good work they do for the community, she is supportive of this option. Commissioner Trippler said there is a fourth option here which is to go through the RFP process and to generate a new contract. If Eureka is the lowest bidder they will get the contract anyway. Commissioner Schreiner said his concern is that another company may come in and compete for the bid and be the low bidder. But once they get the contract with the city they may raise their prices. He feels Eureka should remain the recycling haulers for the City of Maplewood. They are October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 4 looking out for the best interest for the citizens of Maplewood and he agrees with staff's opinion to recommend approval of the extension and the amendment. Chair Mason Sherrill made a motion to approve the amendment and two-year extension of the Eureka Recyclinq Contract (Option 1). Seconded by Commissioner Schreiner. Ayes - Commissioners Lynne, Schreiner, & Mason Sherrill Nays - Commissioners Musgrave & Trippler The motion passed. b. Alternative Energy Ordinance (Tabled until November) G. VISITOR PRESENTATIONS 1. Ron Cockriel, 943 Century Avenue North, Maplewood. Mr. Cockriel discussed Lions Park and the stormwater issues. H. COMMISSION PRESENTATIONS a. Subcommittee Reports 1. Stormwater update 2. Greenways update 3. Trash Hauling update b. Fisk Creek Ad-Hoc Com 1. Mr. Cockriel gave ~"illI' chair of the ad- 7J9com ockriel e ad-hoc commission's work. Mr. Cockriel is the vice- I. a. Environmental and Natural Resources Commission Term Expirations b. Recap of Slope Tour c. Fall Clean Up Event - October 24, 8 a.m. to 1 p.m. Gethsemane Church d. Joy Park Buckthorn Pull on the north side of Silver Lake - November 14,9:30 a.m. to 12 noon e. Wetland Ordinance Update (first and second reading in November) f. Maplewood Nature Center Programs - October 24, Vista Hills buckthorn removal 12:30 until 2 p.m. J. ADJOURNMENT Chair Mason Sherrill adjourned the meeting at10:00 p.m. October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 5 Agenda Item 4.b. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, November 16,2009 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 7:01 p.m. by Acting Chair Trippler. B. ROLL CALL Carol Mason Sherrill, Chair Judith Johannssen, Commissioner Carole Lynne, Commissioner Frederica Musgrave, Commissioner Bill Schreiner, Commissioner Dale Trippler, Acting Chair Ginny Yingling, Commissioner Staff Present Shann Finwall, Environmental Planner Steve Lukin, Fire Chief DuWayne Konewko, Communit Ginny Gaynor, Natural Resour C. APPROVAL OF AGE Commissioner Trippler ad Presentations. ber 9, 2009, city council meeting update under Commission Commissioner Trippler moved to approve the aqenda as approved. Seconded by Commissioner Schreiner. The motion passed. D. APPROVAL OF MINUTES Ayes -All Commissioner Trippler said the October minutes are too brief. The first area is the presentation of George Johnson regarding the energy efficiency strategy. It would be nice to have itemized questions and issues that were discussed. Because they are an advisory commission for the city council, the minutes should be reflected to indicate to the council the feelings of the commission. The second area is the commission handbook. Several changes were proposed to the commission's rules and ordinance based on the review of the handbook. These should be specified. November 16, 2009 Environmental and Natural Resources Commission Meeting Minutes 1 Third, the Eureka Recycling contract item said commissioner Trippler and Musgrave thought the city should go through the RFP process. There were two basic reasons why he felt the process should;not be approved. Those reasons weren't identified including the fact that the contract doesn't allow for an extension and the restriction of payment. He would like that information shown in the minutes. Commissioner Musgrave said the issue was whether or not the current contract allowed the city to just extend or amend, or if another RFP process would be required. This wasn't included in the discussion and she would like to see that in the minutes. Commissioner Trippler moved to table the October 19. 2009. Environmental and Natural Resources Commission meetinq minutes so the minutes were more accurately reflected. Seconded by Commissioner Musgrave. Ayes - All The motion to table passed. E. NEW BUSINESS 1. East Metro Regional Fire Training Facility -Inform (Located on the unused Minnesota Department of North of the Priory, West of Century Avenue, So a. Maplewood Fire Chief, Steve Lukin gave t questions of the commission. b. Storm Water Consultant with SEH in answered questions of the commission. tional Presentation sportation Highway Right-of-Way Holloway Avenue) ional presentation and answered The commission asked various questions a. the size and height of the str b. the chemicals and products c. the environmental impact on d. filtration on the site e. the effect on the we . n pond f. what types of fires w on the site g. the contaminated soils urface area of the site h. the levels of lead and ars contaminates on the site i. what year the Marsh Land group start meeting, things have changed in the past 5 years j. how much of the acreage would be for parking k. what percentage of the contaminants would be removed from the site I. where would the contaminants be moved m. how to control access to the site when fire exercises are being done Further information will follow if this project moves forward. F. UNFINISHED BUSINESS 1. Energy and Conservation Strategy a. Environmental Planner, Shann Finwall gave the report. b. Senior Scientist, SEH, Vadnais Heights, George Johnson gave a brief update and answered questions of the commission. Mr. Johnson will work with staff and improve the report with the input from the commission. Environmental Planner Finwall stated the commission's comments will be included in the report, which will go to the city council for approval in December. November 16, 2009 Environmental and Natural Resources Commission Meeting Minutes 2 2. Wetland Ordinance a. Environmental Planner, Shann Finwall gave an update on the wetland ordinance report. b..; Natural Resources Coordinator, Ginny Gaynor answered questions of the commission. c. Community Development and Parks Director, DuWayne Konewko answered questions of the commission. Acting Chair Trippler commented that the city council had three first readings of the wetland ordinance on March 24, 2008, April 13, 2009, and November 9, 2009. Now the city council will have its second reading of the second reading of the ordinance scheduled for December 14, 2009. Acting Chair Trippler said on page 1, Section 1.a. in the last sentence of the first paragraph it states "properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the public health, safety, and general welfare." There is nothing in there about wildlife protection and he suggested it should say "reduce flooding, provide wildlife habitat and to protect public health, safety and general welfare." On page 3.j., under removal of non-native shrubs, it states if the site is flat or has only slight slopes, but it doesn't specify the amount of slope. There should be a cap such as not more than 4% so staff is something to go on. Acting Chair rippler stated that it's referenced in several places in the document. On page 8, Section 4. D. under Buffer Wetlan asked where those figures came from for doesn't negate the minimum buffer in Part ass -.,for Wetlands Adjacent to Lakes, he ge A, B~ C. Acting Chair asked if that 'V? Environmental Planner Finwall state wetlands adjacent lakes because lake are not. cil wanted to have alternative buffers for r recreational purposes, whereas wetlands Commissioner Yingling stat struck her odd that pe for water quality pu impaired lakes seem water is a bad thing in foot buffer for some of the derstand wanting greater access to the lakes but it rtable with the science behind the 50 ft minimum buffer I of the places to not have that buffer around our ble. To reduce the buffer for a lake where there is open n. It hadn't occurred to her that this would go down to a 25 s. Environmental Planner Finwall stated of the five lakes in Maplewood with wetlands adjacent to them, all five are classified as a Manage A or B, with no Manage C. So the 25 foot buffer would not apply anyway. But she will share this recommendation with the city council and propose to add it to the ordinance in the event any of these wetlands are downgraded in the future. Commissioner Yingling moved to recommend to the city council to chanqe Section 4. d. the Minimum Buffer Width for Manaqe C wetlands adiacent to lakes from 25 feet to a minimum of 50 feet. Seconded by Commissioner Schreiner. Ayes - Acting Chair Trippler, Commissioners Johannessen, Lynne, Schreiner, & Yingling Abstain - Commissioner Musgrave The motion passed. November 16, 2009 Environmental and Natural Resources Commission Meeting Minutes 3 Acting Chair Trippler recommended that staff include something in the wetland ordinance such as the city has the final say in what constitutes the final buffer. Commissioner Musgrave asked if the final version of the comprehensive plan had been approved yet. Environmental Planner Finwall stated the Metropolitan Council is still reviewing the document. It should come back to the city in January 2010. Commissioner Musgrave said she didn't see very much relating to the protection of habitat and wildlife in the ordinance. Commissioner Yingling asked if the commission should consider the best management practices issue. In her opinion, the city should respect the wildlife habitat element of the buffer. The reason there are buffers greater than 50 feet is because of the high quality wetlands the city has. There needs to be upland habitat for feeding and for nesting and other wildlife activities. She would oppose allowing for reduced buffers as an incentive to best management practices in the ordinance. The ordinance allows for sufficient use of properties within the defined buffers and she feels adding another layer of complexity such as this is going to make it harder for the city to manage and enforce the ordinance. Commissioner Musgrave said people bought the' people to change and restore the property ba involvement. It's tough when the city tells Musgrave left the meeting at 9:07 p.m.) and developed it. It's hard to get h derstands people's financial e what t with their land. (Commissioner Commissioner Yingling moved to a amendments discussed durin the me readin of the wetland ordinance with the Seconded by Commissione Ayes - All (5-0) The motion passed. G. VISITOR PRESENT A TI . 1. Ron Cockriel, 943 New C Boulevard, Maplewood. Mr. Cockriel discussed the 2010 Friends of Maplewood Calendar and how to get an order form for one of the calendars. He also discussed the East Metro Regional Fire Training. 2. Will Rossbach, City Councilmember, 1386 County Road C East, Maplewood. Councilmember Rossbach spoke regarding the role of the commission and some of the items they have been discussing. H. COMMISSION PRESENTATIONS 1. Subcommittee Reports a) Stormwater Environmental Planner Finwall said the commission will begin working on the stormwater ordinance in 2010. They will be working with Ron Leaf, the city's stormwater consultant from SEH. b) Greenways Commissioner Johannessen gave an update on the greenways and Fish Creek. c) Trash Hauling November 16, 2009 Environmental and Natural Resources Commission Meeting Minutes 4 Acting Chair Trippler said staff has been overwhelmed with working on other ordinances and environmental issues. For this reason the trash hauling issue has been delayed. .; Director Konewko said staff does anticipate bringing the trash hauling issue before the city council for their feedback in January 2010. Once staff has obtained their feedback, the item will be brought back for the commission's review. 2. Fish Creek Greenway Ad-Hoc Commission - Update By Commissioner Yingling Commissioner Yingling said the neighborhood meeting was October 1, 2009, and there were 11 people that attended. On October 17, 2009, the Friends of Maplewood hosted a walking tour of Fish Creek. The ad-hoc commission will continue their work through December. 3. Capitol Region Watershed Management Plan - Update By Commissioner Schreiner Commissioner Schreiner said on October 10, 2009, the watershed district published their draft of the 2010 Wetland Management Plan. They are accepting public comment on the plan until December 24,2009, and that will be followed by a public hearing February 3,2010. 4. City Council Meeting Update Acting Chair Trippler gave an update on the November 9, 2009, city council meeting as well as the wetland ordinance and the recycling contract. 1. Commission Terms a. Environmental Planner, Shann Finwal expire December 31, 2009; the deadlin 30, 2009. The interviews will be i commission members' terms are going to plying for reappointments will be November January 2010. I. STAFF PRESENTATIONS 2. Maplewood Nature Center P a. Natural Resources Coo Nature Center and buc of Maplewood and aynor gave an update on programs held at the s. Gaynor gave 2010 calendars from the Friends ter to the commission members. J. ADJOURNMENT Acting Chair Trippler adjourne November 16, 2009 Environmental and Natural Resources Commission Meeting Minutes 5 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: Date: Environmental and Natural Resources Commission Steven Love, Civil Engineer II Maplewood 2010 Street Project - Hills and Dales Neighborhood December 8, 2009 for the December 21 ENR Meeting BACKGROUND City staff has been requested by city council to prepare the feasibility report for the Hills & Dales Street Improvement Project. The preparation of this report is currently underway and is tentatively scheduled to be submitted to the city council at the January 11, 2010 meeting. DISCUSSION The Hills & Dales Improvement Project consists of two areas as shown on the attached project location maps. The streets for Area #1 total approximately 3.1 miles in length and are generally bounded by Highway 36 to the north, English Street to the east, the Gateway Trail to the south, and Keller Golf Course to the west. The streets for Area #2 total approximately 0.9 miles in length and are generally bounded by Holloway Avenue to the north, McKnight Road to the east, Larpenteur Avenue to the south, and Beebe Road to the west. For the entire project the total approximate length of streets is 4.0 miles. As part of the feasibility study staff reviews the project area and estimates what types of street, sidewalk, trail, drainage, and utility improvements will be necessary to improve the neighborhoods. It is anticipated that the streets within the project area will need to be fully reconstructed, including sub grade corrections and the installation of concrete curb and gutter. Currently the majority of the streets do not have curb and gutter in place and rely on resident yards to direct water along the edge of the bituminous to various catch basins. Upgrades to the existing water and sanitary sewer systems are planned as part of the Hills and Dales Street Project. The existing streets vary in width from 21 to 36 feet. The existing streets are proposed to be reconstructed at their existing or reduced widths. There are no plans to expand the existing streets to the City's standard width of 32 feet. This will allow for the look and feel of the existing neighborhoods to remain and keep the amount of impervious surface to a minimum. Day Road and Duluth Street, lying between County Road B and Junction Avenue, are currently less then 22 feet wide. Staff is recommending these streets be reconstructed at a minimum width of 24 feet. Cope Court was originally constructed as part of Cope Avenue. In 1979, Cope Avenue was realigned to connect to the highway service road lying south of Highway 36. As part of this project a cul-de-sac was added to that part of former Cope Avenue, creating Cope Court which is 36 feet wide and serves seven homes. Staff is recommending working with the residents to narrow Cope Court by a minimum of 4 feet to a total width of at least 32 feet. Some of the benefits associated with narrowing Cope Court would include a cost savings, reduction of impervious surface, and improved storm water runoff quality. An informational packet and questionnaire have been sent out to residents. Three neighborhood meetings have been held to provide information about the project and gather input from residents. The responses received have made it clear that they are not in favor of any plans to include sidewalks along the neighborhood streets. The majority of the proposed improvements will take place within the right-of-ways. All practical efforts will be made to protect and maintain boulevard trees as they are viewed as an asset to the neighborhood. STORMWATER TREATMENT Best Management Practices (BMPs) such as bio-filtration basins, infiltration cells, andlor rainwater gardens are proposed to improve the water quality treatment levels in the area. These BMPs will be designed to meet Ramsey-Washington Metro Watershed District (RWMWD) requirements and city treatment goals. The current drainage system in the north half of Area #1 provides little to no treatment prior to discharging to Keller Lake, which is an impaired water body. The city's plan for Area #1 is to install underground filtration cells and rate control systems (as shown on proposed drainage maps) at select locations as well as offering the option of individual rainwater gardens to residents to help provide additional treatment for their properties. Any treatment created as part of this project will result in an improved quality of the runoff waters to Keller Lake and to regional ponding areas. The south half of Area #1 discharges to a wetland located on Keller Golf Course. As part of the design phase staff will be looking at providing pretreatment prior to the water being discharged to the wetland, along with rate control measures. The current drainage system in Area #2 provides little to no treatment prior to discharging into the trunk storm sewer systems or neighborhood ponds and wetlands. Therefore, any treatment created as part of this project will result in an improved quality of the runoff waters to Lake Phalen and Kohlman Lake, as Area #2 lies within these watersheds. It is proposed as part of this project to install filtration basins along Furness Street (as shown on the attached drainage maps) to improve the quality of runoff in the area. Similar to past projects the residential rainwater garden program will be utilized. The RWMWD requires volume reduction BMPs for the new impervious areas created by the project and for the impervious surface in any areas where significant disturbance of the road sub-grade will occur. Through conversations with RWMWD the north half of Area #1 will need to meet volume reduction requirements as part of this project totaling approximately 5.3 acres. The south half of Area #1 flows to a wetland with no outlet. Water entering this area infiltrates into the ground water. RWMWD stated that this area would not need to meet infiltration requirements because the area is already infiltrating all of the southerly runoff. Staff will be looking into rate control and storm sewer improvements such as sump manholes to improve the quality of the runoff prior to entering the wetland area. Based on staff's preliminary assessment of the treatment requirements, installation of underground filtration cells and individual rainwater gardens will meet or exceed the requirements of the RWMWD. Area #2 will need to meet volume reduction requirements as part of this project totaling approximately 3.2 acres. Based on staff's preliminary assessment of the treatment requirements, installation of filtration basins and individual rainwater gardens will meet or exceed the requirements of RWMWD. In all sections where storm sewer will be replaced, or where new systems are installed, sump manholes will be installed at selected locations. Sump manholes or other pre-treatment methods will also be used directly upstream of the wetland locations. 2 RWMWD staff is currently reviewing the project areas to see if there are any other significant treatment or drainage issues that must be completed in the project areas. CONCLUSION This item will be presented to the Environmental and Natural Resources Commission during your December 21, 2009, meeting to provide initial background information, general project scope, and possible stormwater treatment improvements associated with the project. No action on this item is required, but staff is hoping to seek preliminary comments and feedback on the upcoming project. More detailed plans will be shared with the commission after completion of the street project design. Attachments: 1) Area #1 Location Map 2) Area #2 Location Map 3) Area #1 North Half - Proposed Storm Map 4) Area #1 South Half - Proposed Storm Map 5) Area #2 Proposed Storm Map 6) Area #1 Wetland Map 7) Area #2 Westland Map 3 . , I SEXTANT AYE. p I\!.Vr: @ . ~ LEALAN D 8 P 1.;/ q,'-/ ~ ~ o );;( 0 ~) ~?- GO 'f-~\"v l- (/) .. .........0. _PROPOSED STREET IMPROVEMENT NTON l- (/) o AREA #1 LOCATION MAP Attachment 1 GERVAIS AVE. I I- ::J ..J ::J o co. LARK RD. RD. S COPE /.,J f:: 0' cC ~ 10 '2 r--: Q (/) ~!c o /~ ~ ................~. I- ! r--: tIJ (/) (/) COPE CT. ' 0 :?--S~ I- Cp0 (/) SKILL I I- ::J ..J ::J \'<.'(/1-1'1 0 o I- z JUNCTION <( w m $ 2 Z Flicek. <( W Park I- I IIU (/) L::J FR o AVE. ~ Gloster ~ Park J..c.J::'l. NO SCALE &~ 0::: BU m ~ CIR t;i ELDR ID (/)0--.11 ~ 1'/ BELf.:1QN " I ~~'LLMAN I as ~ $(/) :S:::J Robinhood o Park BURKE I (/) 1- , ..J z o [[] r--: !z (/) <( ST AVE. 2 't~IERt~1 E CO 2 W [!J Capital Improvement Project for 2010 Hills & Dales Area Street Improvements City Project 09-15 Y COUNTY HOME AND GROUNDS GOODRICH <<:-'>' GOLF :0" COURSE <('?' $ 4-' Goodrich . Pork ....J 0.. RIPLEY AVE. 'ILB~QSTON trii AVE. I PRICE AVE. r 131;1 @ ~I ~I ~ (flLJ nnhli Attachment 2 AREA #2 LOCATION MAP ~ (f) ~ \.J..l %. ? \J.- w (D W W (D )) ST. PAUL 7 1440N _ PROPOSED STREET IMPROVEMENT NORTH ST. PAUL AVE. II JI HOLLOWAY IU tril ~ $ ~I : Hillside h:: g Pork >-1 :s= ~i AVE ..y KINd;ONl[--{> A~ ~. ~ (f) o 0::: RIPLEY o ~ <( :s= o I l- I o Z y: MCKNIGHT LN o ~ LARPENTEUR w ct ~ 0::: ~ (f) :) (f) W o ....J I- 0::: >- ~ LOYTVAVE. MONTANA ntri L~ NEBRASKA w -I Nebraska $ ;; G' Pork ~ ARUNG10N w 0::: o o o o :s= w y: :5 AVE. AVE 1. I- (f) >- 0::: <( ~ NO SCALE Sterling Oaks Pork {\.D --..,,\ Capital Improvement Project for 2010 Hills & Dales Area Street Improvements City Project 09-15 (AREA 2) ~ .. Attachment 3 N '" N 0: ~ .<< I ~ ~ 0) .... " >: N :;:; '" " .: I w. '" c 0) ,. Q 0 " 0 t5 .2 :CO< 0 C/) v ...... 0) u 0<': 0 75 " 0- 0 >:'" I N -" ..." <Z ., ",- o<<Z ."", '" U.2"'" '" ~ 0 g ~ 0 <'11 ~ E .. 8:2 0 B 0 ~ ~~~ s: ] ~ 1L~ ~ 8 &~ pt 8'J:~ f ~ I '<':.. -/ r~ ! , ; ~ .. ~ ii - .;:q- ~ HhnJ . M,13U.[/ ~ H i ~~!iitii ;t""'I.l<.>","'''''' 1': (.0) .all! i ~ e i " ~~ ~ln~~ .H If "-'- "- c "' <3 ~,,~ ~ slH~l~~!t "n>. liE! lID!!!..... ! I., , , j'" 'jO l! ~ !1. 11 Ii 1,'L!!' -; ~ w ~ ~ f ~ (;I ::; It !' ~C\C€l~ "-''@0'ff 'iI ~\;'i"W006 il 'F 'P r.s ~ :$ ~~ ~l?r'l'a''''~') Attachment 4 en ... S'ii :; '" :> o ='" ..... ,,~ 0", ~" "'" "'z ~- "'~ " '" en o .. o '" .. N N I 0'> N I c.o 0....... '2 "'Z ?B T ~.2_ t~~ ~ a 0 E~u o ~. ,n g ~ -g<.l).", '" .", ., ~ &. ~ 2.fl ~ g. e E ~~r . i i ] ~ j 1! ~ H~HU ,,\tuU.?'." '- OJ OJ "'I- '" -(5'- Q;og ::x: u H ~ ~~!ii~~< ~ :!:'nlo!,;j!~ ... 1-0>. .11'" ~ I * 0 ~ _ f ~ 1>3 ~,,-~h~~~ii H hi~!~~Ej .. .,::0 .11I5'" 1Il:!!1-""" !! ~ ~ ~ .:.: ;!' ~ 11 ~ : ~f~l~~ib~gil ~~~ -gl!L~~.d' ~C\[)t1l~';.-'2:tpq} ,. '" "" z ~ '" :- o g: N:>i "';;; <c :;j< <2S ;;i Q iZ '" o .. o 0: .. Attachment 5 ! , I I i ! N m N 0 n m I m Q) c N ,g v I " "'" . c ~, Q T""" 0 " Q Cf) v lj) v 0 ro v o. I N " . ~.2 ~ , 8~ o 0 " E 1]JJ .~ g,~ o 0 " 0 I~ ! ! ~ i 1 ~ i ,q i -! {.l: ~ ~ :> "" UD:!'<l: . i\\'il13Cfl"f>i l " _~ d '" ;d~~ n t.i~-",~j~~H ~ "'" il.%ili.1:", "g '_0> ..,EI! ~ -" i ! ~ ~ !.. & "!~~ ~~h~h .!;:.i'b.d"-i"'~'2~j;.'-li ~:>::;<'lilt;~.t~,B~~$ 1",,>..m-,I,Itl@..,.. ~ ~ l ~ ! ~. i" ! 1 ~ '8 ~ "- ~iP~~"h:i~! ~,G.:,:J,~;!J. ~ Illl ~ 18-~ ol'\.' ,tAh '<'**'1ii lJi '''',..,.. " c " " v " ~ .'t 2 ,if ... '" 0 ; ~, c .. , , w ! ., , ~ ~ 0 , .q <;,,-',?;WOo ;~ rs Ii! 1;:."" '<"~!l'il.'\~ ... l (f) c z <( ........1 '11:1- <(w w~ 0::(.') <(z 1= (f) X w Attachment 6 Q) '- ::J Ol ...... u:: 1Il :!:: ::J 1Il 1Il Ole ~ 0::: Q) 0 s:: E -a en oQ)~w __ > OJ z n;o~~ Q)t.....c:Z s:: 0..0. . - 0 :: E .~ 0 Ol-<eo c......~s -ccogw ~ ~ ~ .!!!<( ~ - Ol 3: ,:.: u'" w'" ~'" o~ "'~ 0. '" '" ..0 W'" f-~ <eID D'" .9 u o 0' o 0 ffi~~g~ ~:2~~J;E wz~gN~ ~~-~:!~~ ~~~\2~ ~ ~a~f;-:'~ ~ >...:o~f-~ If>(I)::Cl.L~ [ri ll... > M ::c w V"t z.. !I: 00 o z <( ",..J ..I- <(w w~ D::e> <(z i= 00 X w Q) '- :J .Ql I.L. ...... UI :: :J UlOO ~ 0)..... - c::~ b l: E .g, [f) oQ)~w ;: > 8' 2 IllOO- (l)L..a:~ l: 0.. rn ci :::E'~o 0)-<(0 cN:g$ "'Cco~w l: fE 0: ~<( ~ 0) 3: ,:: 0'" UJ'" ,'" 0,," "'~ a. '" o ..0 UJ'" I-~ <(ID 0"8 13 o ~ o 0 ffi::~g~ I-lO'~NE mll)g~.A8 uZ:::!:.rn:::! d !Q:~~g~ ~~~:g~ ~ ~n..~:-:-~~ >~o~l-3: l()(I):Cu.~ [ri 0.. > M :c w '" Agenda Item S.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Environmental and Natural Resources Commission Appointment Questions December 16, 2009 for the December 21 ENR Meeting INTRODUCTION The city council is asking that each commission submit a list of questions that the city council can pose during the commission appointment process. Interviews of commissioners interested in reappointment will take place on January 11, 2010; appointments to vacant or unfilled positions are tentatively scheduled for February or March 2010. DISCUSSION ENR Commission Mission Statement For reference, following is the commission's mission statement: 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. Previous Questions Asked Following is a list of questions asked of the Environmental Committee applicants in 2004: 1. Do you foresee any problems with attendance at regularly scheduled meetings? 2. What do you feel you can bring to this committee - interests, talents, life experiences, etc? 3. The committee will focus on issues related to the environment such as recycling, solid waste, stormwater management, wetlands, energy and others. Please share your experiences in working with one of these issues or other issues related to the environment. 4. The City of Maplewood tries very hard to balance development and property rights with the protection of our natural resources. Where do you see your interest or concerns in the process of balancing various interests? 5. What types of environmental policies or practices have the City of Maplewood put into place that you feel have made a positive impact on the City? 6. What two environmental issues do you feel the Environmental Committee should address for the City of Maplewood? Possible Questions for Reappointments 1. After serving on the Environmental and Natural Resources Commission for several years, what suggestions do you have that would improve the commission's role in the city's environmental review process? 2. As a follow-up to #1, what suggestions do you have that would improve the city as a whole in terms of environmental protection? 3. What has been your greatest reward, if any, in serving as an Environmental Commissioner? 4. What has been your greatest disappointment, if any? 5. Do you feel that you have been effective or have made a difference while serving as an Environmental Commissioner? RECOMMENDATION Review the suggested interview questions for the Environmental and Natural Resources Commission appointments and reappointments listed above. Compile a list of questions which will be forwarded to the city council for use during the commission interviews. Agenda Item 6.a. MEMORANDUM DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Review of Commission Handbook and Amendment to the Environmental and Natural Resources Commission Rules December 16, 2009 for the December 21 ENR Commission Meeting TO: FROM: SUBJECT: INTRODUCTION On July 27, 2009, the city council adopted the City of Maplewood Commission Handbook. The purpose of the handbook is to provide general information, rules and policies for commissioners and board members. There are areas of the commission handbook that conflict with the Environmental and Natural Resources (ENR) Commission Rules. The ENR Rules need revisions to ensure consistency between the two documents. DISCUSSION Commission Handbook The ENR Commission initially reviewed the handbook in October 2009. At that time, the appendices were not available. Attached is the full handbook and appendices for the commission's review (Attachment 1). Environmental and Natural Resources Commission Rules The ENR Commission adopted Rules of Order on October 7,2008 (Attachment 2). City code requires that the city council adopt commission rules. The city council reviewed the ENR Commission Rules last year, but chose not to act on them until the completion of the Commission Handbook. Prior to the city council's review of the ENR Rules, three items need revision or review as follows: 1. Meetings: The rules specify ENR Commission meeting times as the first Tuesday of each calendar month at 5:15 p.m. The rules should specify the commission's new meeting time, which is the third Tuesday of each calendar month at 7 p.m. 2. Rules of Order: The rules specify that the commission is governed in its procedures by Robert's Rules of Order, Revised. The rules should specify the required parliamentary procedures listed in the Commission Handbook as Rosenberg's Rules of Order, Simple Parliamentary Procedures for the 21st Century. 3. Election of Chair and Vice Chair: The Commission Handbook specifies that commissions and boards should elect a chair and vice chair during their meetings in December. Since all commission and board terms expire in December, this requirement seems impractical. The ENR Commission Rules and the ENR Commission ordinance (Attachment 3) specify that these elections should take place in January. Staff will request the city council revise the commission handbook to ensure the elections take place after commission and board members are appointed. Since the appointments normally take place from January through March, the ENR Commission should recommend an appropriate timeline for these elections. RECOMMENDATION Compare the Commission Handbook to the Environmental and Natural Resources Commission Ordinance and Rules. Revise the Environmental Commission Rules to ensure consistency between all three documents. Attachments: 1. Commission Handbook and Appendices 2. Environmental and Natural Resources Commission Rules of Procedure 3. Environmental and Natural Resources Commission Ordinance 2 CITY OF MAPLEWOOD COMMISSION HANDBOOK 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 I: 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. .? Maplewood Economic Development Authority...... 7 Other Committees and Task Forces.........................? Description of City Departments and Divisions............? City Manager................. .................................. ........7 Citizen Services/City Clerk.............. ... ..... ... .......... ..8 City Attorneys............................... ...........................8 l-Iuman Resources...................................... ... ... .... ....8 Information Technology............................... ... .... ....8 Finance....................................................................8 Fire...........................................................................8 Community Development and Parks.......................8 Police.......................................................................9 Public Works...........................................................9 History oflhe City ofMaplewood.................................9 Chapter 2: The Advisory Role...........................................................tl Role ofthe Chairperson and Vice Chairperson...........! I Responsibilities of Individual Members......................12 Staff Liaison Responsibilities..... ....................... .... ... ...12 Retationship With City CounciL................................ t2 Council Relationship With Advisory Bodies...............13 Term of Office....................................... ...................... t 3 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.............................. ...................... .....] 6 Motions........................................................................16 Legal Issues.......... ............................................. ......... .17 The Open Meeting Law.........................................! 7 Conflict ofInterest.................................................18 Other Legallssues.................................................t 8 Frequently-Asked Legal Questions........................t9 Chapter 5: Helpful Advice.................................................................20 Criteria for Effectiveness.............................................20 Special Tips for New Commissioners.........................20 Working with City Staff..............................................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 StaffLiaison..............................................24 Appeudix..........................................................................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 subjec1 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 tbe 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 Is/ Mayor ATTEST: /sl 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 ~ 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. I The City of Maplewood prepared this 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, 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 Maple wood: . 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 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 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 reqnired by law. Minn. Stat. S 412 111 gives statutory cities the authority to create advisory boards in general, "as deemed necessary for the proper management and operation of city affairs." 2 Minn. Stat. , 462.354 3 Minn. Stat. S 419 4 Putting Boards, Commissions, and Committees Into Context The city of Maple wood 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 Maple wood. The City Manager, who serves at the will of the City Council, carnes 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 officials 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. Councilmembers and the mayor serve four-year terms. Two council members and the Mayor are elected in one election and two council members 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 meetings on the second and fourth Monday of each montb, at 6:30 p.m. in the Council 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.cLmaolewood.mn.us. City Council agendas may be emailed 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 collectively as "City Commissions"). The Council has also from time to time appointed task forces and ad hoc committees for specific issues and determined lengths of time. Each has a specific focus and selVes 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. COilllcil 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 selVe. 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 intelViews for positions on the various Commissions, and ultimately selects the members. Oath of Office Pursuant to State Statute, ~ 358.05, all elected or appointed officials must swear an oath of office prior 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 Chanter 412 of Minnesota Statutes. 5 See the current City of Maplewood Rules of Procedure for City Council and Council Meetings for additional information about COID1Cil meetings and policies. 6 Minn. Stat. 6358.11 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 Minnesota and faithfully discharge the duties of the office of [name of office] in the City of Maple wood, in the County of Ramsey and the State of Minnesota, to the hest of my judgment and ahility. 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 Maplewood's planning agency. S 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 ofthe 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 multi-family, commercial, and industrial development in Maplewood. The CDRB's goal is 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, Omcial Conflict of Interest. 8 Minn. Stat. S 462.354 9 Note that Maplewood's HRA is established as an advisory body, not an HRA as defined by Minn. Stat. S 469.03. 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 terms. 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 Chapter 419 ofthe Minnesota 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 of? 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 ~ 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 Maple wood 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. 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 proceedings. The City Clerk conducts municipal elections through coordination 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 Conncil. 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 primary goal of the IT department is to provide the most effective technology services and support possible to the City of Maple wood staff, City Council, commissions, boards and citizens. The IT department manages the City website, security systems, phone system, mobile technologies, televising of City meetings, GIS, and all City applications and workstations. All of these systems run 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 Financial 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 penn its, and conducts inspections under the requirements and guidelines of the State Building Code. . The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging facilities, and public pools located within the City of Maple wood. . 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 stormwater 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 Public Works Department provides coordination of the services afforded by five groups: Engineering, Street, Utility, Park Maintenance, and Vehicle/Fleet 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 Maple wood goes back about 150 years. Before settlers a!rived, 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 fanning 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 in 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 Supelior 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 Dawsou 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 t 890s the town employed 1,000 workers. It had a post office, a hotel, at least two saloons, a brothel, and a population afabaut 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 8tiJI remained an everyday sight in Gladstone for many years after. The depot stayed in service throngh 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 farmers 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 building was packed with people. By the early 1950s the old building was run down. The town decided to have its meetings in a room in the back ofthe Gladstone Fire Building. 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 offer 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 form 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 former 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 Maple wood 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 tbe 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. Al?cording to legend, work on the new village hall was so slow, Building Inspector Oscar Londin grabbed a shovel and said "I'll do it myselfl" 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 bnilt in the woods off County Road B and White Bear Avenue. The Village of Maplewood was changed to the City of Maple wood by the 1970's and adopted the conncil manager form of govenunent. 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 Jnly 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 Minnesota 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. hnplement 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 ofthe 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 Maplewood 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 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. . Make commissions aware of relevant training opportunities through the League of Minnesota 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 members 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. . 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. 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 selVe 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 obselVe 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. 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, 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. When 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, 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. Minutes lvlinutes 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 Afinutes: reflect the motion, the maker, and second; Summwy A1inutes: 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 Maplewood 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. HI Special meetings of commissions are discouraged by the City Council. 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, the Planning Commission, and other standing commissions are televised on a regular basis. 10 See Minn. Stat. 6 13D.04 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 Couucil 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 app~oval 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 Meeting 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: t. Clearly defiue 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 ofmles was undertaken to simpliJy procedures. A scaled-down and modified version is appropriate for commissions. A copy of these Procedures appear in 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.11 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.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 tie vote is equivalent to a vote that has failed. The chair may 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 I See Minn. Stat. S 645.08(5), 12 See Official Conflict o{Jnteresf 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 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 page 18 for more information on conflicts of interest.) What 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 removedfrom 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 Council or 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,!" and the meetings must be open to the public. Minnesota law makes commissioners personally liable for intentional violations of the Open Meeting Law.ls 13 Minn Stat S 13D. 14 Notice requirements are laid out in Minn. Stat S J 3D.04. 15 Minn. Stat. ~ t3D.06 Subd. 1 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, 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. 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 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. For detailed information on the open meeting law, please refer to the Minnesota Onen Meeting Law information brief available from the Research Department of the Minnesota 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 profiting from its approval, it should be a simple conclusion that there is a conflict of interest in supporting or voting for the project (affimlatively). 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 publicly ideutifY the conflict, and follow the rules on disqualification. If a member has a conflict of interest, the member must disqualifY 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 meeting while the matter is under consideration. A copy of the LMC's white paper on Official Conflict of Interest is in the appendix for your consultation as well. 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 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, emails, and other written communications) should not appear to represent the viewpoint of the full group unless the correspondence is for official 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 ofthe City Council. . Unilateral contacts are discouraged. If a member of a commission meets privately with an individual or entity that has an issue corning 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 contlict 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 member determines ifhe 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 Maple wood. . 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 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. lfyou have a concern about staffpetformance, 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. . 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 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 inappropriate to be talking about it to the media. e 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 embalTassment. 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/boards/task forces and committees are appointed by the 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 detennination 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 by the City Council, except as otherwise provided by law. Appointment of Chair and Vice Chair Commissions/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 fanned, 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. 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 informed 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 relatiouships 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 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, 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) When a commission member appears in a non~o:fficial, non-representative capacity before any public or private body, the member shall not identify or disclose hislher 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 office on most commissions are 2-3 years for regular members. (c) All must be residents of the City of Maple wood 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 (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) 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 CommissionslBoards 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 De~and 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 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 ofthe Open Meeting Law . Minnesota Open Meeting Law (House Research Information Brief) . Official Conflict of Interest (IMC Information Memo) 25 A. CAlL TO ORDER COMMISSlOH MEMO DATE) :ot.Incil Chambem Meelirlg No. B. ROLL CAl..L C. APPROVAl.. OF AGENDA. D. APPROVAl.. OF MINUTES Eo NEW BUSINESS F. UNFINISHED BUSINESS G. VlSffOR PRESENTAnONS Ii. CDMIIIISSlOH PRESENTATIONS l STAFF PRESENTAllONS J.. ADJOURNMENT 26 MAPL COMMISSION d*arn:i lime) relS, CiIy Hal[ Meeting No'_ A. CALL TO ORDER A meeting of fue was held in fue CiIy Hall COOl'lC~ Cllllll'lbers and was called to order at _ pm. by Chair B. ROLLCALL c:. APPROVAL OF AGENDA Member moved to ~ tile aoe:rn:ill (as sUbmitiedJ.(lIs.lilI'I1iel'IIde) Secooded by Member Ayes - The motion passed. D. APPROVAL OF MINUTES Member (;'t.~lilI'I1iel'IIdei mmoedto ~,pm>ie the (lillin ~)1 Meeting Minutes (lis submill>>ort) Secooded by Member The molioopassed. E. NEW BUSiNESS Ayes - F. UNFINISHED BUSINESS G. VISITOR PRESENTATIONS H. COMMISSION PRESENTATIONS I. STAFF PRESENTATIONS J. ADJOURN Chair a<:!joumed fue meeIirlg at p.m. 27 1 Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century he rules of procedure at meetings should be simple enough for most people to understand. Unforrnnately, that hasn't always been the case. Vutu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Roberts Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If YOll are running the Br.itish Parliament, Roberts Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you're running a meeting of a five- member body wirh 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. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed, "Rosenberg's Rules of Order" are sup- ported by the following four principles: 1. Rnles shonld establish order. The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rnles shonld be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate, 3. Rnles shonld be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rnles shonld enforce the will 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, while permi tting the minority to also express itself (but not dominate) and fully participate in the process, The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know 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 well versed in those There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg 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 for 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. The 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 a written, published agenda; informal meetings may have 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 th~ following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second, following that agenda format, the chair should invite the appropriate people to report on the i tern, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, www.cacities.org 1 Rosenbergs Rules o/Order: Simple Parliamentary Procedure for the 21st Century a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and ~ey should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed w.ith consideration and a vote on the motion even when 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 three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. 2 League of California Cities Eighth, the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to mal{e sure everyone understands the motion by repeating it. Motions are made in a simple cwo-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member's desired approach with the words: "I move..." A typical motion might be: "I move that we give 1 0 days' notice in the future for all our meetings." The chair usually initiates the motion by: 1. Inviting the members to make a motion: ''A motion at this time would be in order." Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Ninth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is normally sufficient. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all future meetings of this governing body." Motions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. 2. Suggesting a motion to the members: ~'A motion would be in order that we give 10-days' notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion. The basic motion is the one that purs forward a deci- sion for consideration. A basic mot- ion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser." 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10- member committee." 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 wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substi- tute motion might be: "I move a sub- stitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic "motion to have a five-member commit- tee to plan and put on our annual fund- raiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundtaiser." And per- haps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fund"raiser this year." The proper proce- dure would be as follows. Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be. five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- atelycall for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, 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 (10-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.cacities.org 3 Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century be placed on "hold." The motion may contain a specific time in which the item can come back to the body: "I move we table this item until our regu- lar meeting in October." Or the motion may contain no specific time for 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 talcen 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 say: "I move the previous question" or "I move the question" or "I call for the question." When a member of the body makes such a motion, the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," "I move the question," "I call 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 close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the Roor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. If you are running the British Parliament, Robert's Rules of Order is a dandy and quite useful handbook. motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means 4 League of California Cities Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- pend the rules for a particular purpose. For example, the body (a private dub) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is. untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another 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 majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion t~ reconsider passes, then _the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first rime. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a rime to have the floor, and it is always best for every Rosenbergs Rules o/Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. 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 spealcers, 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 da~ 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 discussion of a motion, the malcer of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. s www.cacities.org 5 1 MINNESOTA STATUTES 2009. 13D.ol Meetings of Public Bodies CHAPTER 13D OPEN MEETING LAW 13D.OI MEETINGS MUST BE OPEN TO lliE PUBLIC; 13D.04 EXCEPTIONS. 13D.05 13D015 MEETINGS BY TELEPHONE OR OlliER ELECTRONIC MEANS. 13D.06 13D.D2 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. 13D.07 13D.02I MEETINGS BY TELEPHONE OR OTIIER ELEC1RONIC MEANS; CONDITIONS. 13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY 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, induding executive sessions, must be open to the public (a) ofa state (1) 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 (1) 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 (1) committee, (2) subcommittee, (3) board, (4) department, or Copyright @ 2009 by the Revisor of Statutes, State of Minnesota. All Rights. Reserved, 2 MINNESOTA STATUTES 2009 13D.OI (5) commission, of a public body; and (d) of the governing body or a committee of: (I) a statewide public pension plan defined in section 356A.OI, 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 (I) to meetings of the commissioner of corrections; (2) to a state agency, board, or commission when i1 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 mee1ing, a public body shall s1ate on the record 1he specific grounds permitting the meeting to be closed and describe the subject 10 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 mus1 be open to the public during all normal business hours where records ofthe 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: (I) 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 subject matter. Copyright @ 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 ma1erials 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; ISp2001 c 10 art 4 s 1 13D.015 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS. Subdivision I. Application. This section applies to: (1) a state agency, board, commission, or department, and a statewide public pension plan defined in section 356A.0 I, subdivision 24; and (2) a committee, subcommittee, board, department, or commission of an enti1y listed in clause (I). Subd. 2. Conditions. An enti1y listed in subdivision I may conduct a meeting governed by this section and section 13D.OI, subdivisions 1,2,4, and 5, by telephone or other electronic means so long as the following conditions are met: (I) all members of the enti1y participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (2) members of1he public present at the regular meeting location of1he enti1y can hear all discussion and all votes of members of the enti1y and participate in testimony; (3) at leas1 one member ofthe enti1y 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 enti1y 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 enti1y, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The enti1y may require the person making a connection to pay for documented marginal costs that the enti1y 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 @ 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 I. Conditions. A meeting governed by section 13D.OI, subdivisions 1,2,4, and 5, and this section may be conducted by in1eractive television so long as: (I) all members ofthe 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 presen1 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 10 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 680s 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 d19 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2 Copyright @ 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.01, subdivisions 1,2,4, and 5, may be conducted by telephone or other electronic means so long as the following conditions are met: (1) the presiding officer, chief legal counsel, or chief administrative officer for the affected governing body determines that an in-person meeting or a mee1ing 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 ofthe public present at the regular meeting location of the body can hear all discussion and testimony and all votes ofthe 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 documen1ed 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 (Q 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.OI, 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 of a 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 neg01iation proposals, conduc1ed pursuant to sections 179A.OI to 1 79A.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. ICviolation 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) If the 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 c123 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 s1; 1990c550s2,3; 1991 c292art8s12; 1991 c319s22; 1994c618art 1 s39; 1997 c154s2 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 @ 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 mee1ing. 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, if there 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 reques1 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 1he expiration date of a request for notice, the public body shall send notice of the refiling requirement 10 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 mediwn that has filed a written request for notice if the request includes the news medium's telephone number. (b) Notice ofthe 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 <9 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 1hat 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 oftha1 meeting, then no further published or mailed notice is necessary. (b) For purposes of this 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 of this section apply to closed meetings. Subd. 6. State agencies. For a meeting of an agency, board, commission, or department of 1he state: (1) the notice requirements of this section apply only if a statute governing meetings of the agency, board, or commission does no1 contain specific reference to the method of providing notice; and (2) all provisions of this section relating to publication are sa1isfied by publication in the State Register. 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 c174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c313 sI; I990c550s2,3; 1991 c292 art8s 12; 1991 c3I9s22; I994c6I8art 1 s39; I997cI54s2 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 da1a. (b) Data that are not public data may be discussed at a meeting subject to this chapter without liability or penalty, if1he 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 @ 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 of1he 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 mnst 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 identity alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative da1a as defined in section 13.82, subdivision 7, or internal affairs da1a relating to allega1ions of law enforcement personnel misconduct collected or created by a s1ate agency, statewide system, or political subdivision; (3) educational da1a, health data, medical data, welfare da1a, or mental health data that are not public da1a under section 13.32, 13.3805, subdivision 1, 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 10 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 mee1ing must also be open at the request of 1he individual who is the subject 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 identity 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 s1atute 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 confiden1ial or nonpublic appraisal data under sec1ion 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 identity on the record the particular real or personal property that is the subject of the closed meeting. The Copyright @ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10 MlNNESOTA 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 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. (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 ofthe 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 mus1 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 1ape 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 c 319 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 110 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 1 may be brought by any person in any court of competent jurisdiction where the administrative Copyright @ 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 if three violations. (a) If a person has been found to have intentionally violated this chapter in three or more ac1ions 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 oftime 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 ofthe 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 of a public body unless the court finds that there was an intent to violate this chap1er. (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 rela1ed 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@2009bytheRevisorofStatutes,State of Milll1esota 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 d13 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 cl54 s 2 Copyright @ 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 of the law: . To prohibit actions being 1aken 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 Groups and Meetings Governed by the Open Meeting Law ...................................2 Requirements of the Open Meeting Law.................................................................5 Exceptions to the Open Meeting Law......................................................................7 Penalties.......................................... ................................................... .................. ..II Advice ....................................................................................................................12 ] Minn. Stat. ch. 13D (recoded from Minn. Stat. ~ 471.705 in 2000). The Minnesota Open Meeting Law was originally enacted in Laws 1957, chapter 773, section 1. 2 Prior Loke American v. Mader, 642 N.W.2d 729, 735 (Minn. 2002) (citing St. Cloud Newspapers. Inc. v. District 742 Community Schoois, 332 N.W.2d 1,4 (Minn. 1983)). While the courts consistently say that the open meeting law is to afford the public au 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. ~ 117.0412, 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 10: . a s1ate 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.' "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 mee1ing 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 Universi1y of Minnesota Board of Regents, and the application of these laws to the university does not violate the university's constitutional autonomy.' 'Minn. Stat. S 13D.OI, subd. 1. , Star Tribune CO. V. University of Minnesota Board of Regents, 683 N.W.2d 274, 280 (.Minn. 2004). 5 Southern Minn. Mun. Power Agencyv. Boyne, 578 N.W.2d 362, 364 (.Minn. 1998) (citing Minn. Stat. S 453.54, subd. 21, and discussing the-factors that distinguish a public corporation from a private corporation). 'Minn. Stat. S 453.53, subd. 1,11 (I) (The agency agreement shall state: "(I) Thatthe municipal power agency is created and incorporated. .. as a municipal corporation and a political subdivision ofthe state, to exercise thereunder a part of the sovereign powers of the state;"). , Star Tribune Co., 683 N.W.2d 274. In 2002, Mark Yudofresigned from the presidency of the University of Minnesota. When fmalists 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 law.' 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 tha1 the open meeting law applies only to a quorum or more of members ofthe governing body or a committee, subcommittee, board, department, or commission of the governing body.1O Serial meetings in groups of less 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 case.1l A public body subject to the law should be cautious about using e-mail to communicate wi1h other members of the body. Although the sta1ute does n01 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 letters.I2 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 in1ent 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 of five city council members attended private mediation sessions related to city 8 E.g., Minn. Stat. 9962Q.03, subd. 6 (Minnesota Risk Adjustmeut Association); 1160.03, snbd. 5 (Minnesota Technology, Inc.); t 16V.OI, subd. to (Agricnltural Utilization Research Institute); I t6S.02, subds. 6 and 7 (Minnesota Business Finance, Inc.); 124D.385, subd. 4 (Minnesota Commission on National and Community Service may create a nonprofit but it is subject to the open meeting law); 128C.22 (State High School League); and Laws 1990, ch. 535, 92, subd. 6 (Lake Superior Center Authority). 9 Minn. Stat. 9465.719, subd. 9 (enacted by Laws 2000, ch. 455, art. 1,92, 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 1999, ch. 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 Moberg v. Independent School Dist. No. 281,336 N.W.2d 510 (Minn. 1983). Il Id. at 518; see also Mankato Free Press Co. v. City of North Mankato, 563 N.w.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 affirmed, 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 N.w.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 1wo council members did not constitute a committee or subcommittee of the council because the group was not capable of exercising decision-making powers." The law applies to informational 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.I' However, a 1975 attorney general opinion stated that city council attendance at a League of Minnes01a Cities 1raining program for city officials did not violate the open meeting law if the members did not discuss specific municipal business. 15 Under a 2007 law, it appears that informational meetings of the Legislative-Citizen Commission on Minnesota Resources may be closed.16 The law does not cover chance or social gatherings. The open meeting law does not apply to chance or social ga1herings 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. IS 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. I' 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 of the open meeting law. In reaching its holding, the court pointed out that no regents were on the search committee and that 1he 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 N.W.2d 62 (Minn. App. 1993). 14 St. Cloud Newspapers. Inc. v. District 742 Cmty. Schools, 332 N.W.2d 1 (Minn. 1983). 15 Gp. Att'y Gen. 63a-5, Feb. 5,1975. 16 Minn. Stat. S 116P.08, 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 aud 2." (emphasis added)). 17 St. Cloud Newspapers. Inc., 332 N.W.2d at 7. 18 Moberg, 336 N.W.2d at 518. 19 The Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. t988). 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 1hat requires all legislative meetings be open to the public." 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 1aken regarding a matter within the jurisdiction of the 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 s1atute.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 of the open meeting law." Open meetings must be held in a public place within the borders of the public body." Meetings may be held by interactive television if specifIed conditions are met to ensure openness and accessibility for those who wish to attend." 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 imprac1ical or imprudent and all of the same conditions as for other meetings held by telephone conference call or other electronic means are met, unless unfeasible due 10 the pandemic or emergency. In general, those conditions include the following: 20 Minn. Stat. S 3.055 (added by Laws 1990, ch. 608, art. 6, S I). 21 Minn. Stat. S 13D.OI, subds. 4 and 5. " Mankato Free Press Co., 563 N.W.2d at 295-96. " Quast v. 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 Minn. Stat. S 13D.02. See also Minn. Stat. S 471.59, subd. 2 Qoint powers board for educational purposes). House Research Department Minnesota Open Meeting Law Revised: Novemher 2008 Page 6 . All members of the body can hear one another and can hear all discussion and testimony . Members of the public at the regular meeting location can hear all discussion, testimony, and votes . At least one member of the body, chief legal counsel, or chief adminis1rative 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 of the 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 location" The law requires public bodies to give notice oftheir meetings. In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation of the open meeting law." The court has also held that it is a violation of the open meeting law to conduct business before the time publicly announced for a meeting.27 In 1 987, 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 meetings" 25 Minn. Stat. ~~ 13D.021 (health pandemic, other emergency); 35.0661 (Board of Animal Health during restricted travel for animal health reasons); 41A.0235 (Minnesota Agricultural and Economic Development Board); 4] B.026 (Rural Finance Agency); 1] 6J.68, suhd. 5 (Small Business Development Center Advisory Board); ] 16L.03, subd. 8 (Minnesota Jobs Skills Partnership Board); ] 16L.665, subd. 2a (Governor's Workforce Development Council); 1 ]6M.15, subd. 5 (Urban Initiative Board); I t6U.25 (Explore Minnesota Tourism Council); 129C.I05 (Perpich Center for Arts Education); 248.10 (Rehabilitation Council for the Blind); 256.482, subd. 5b (Minnesota State Council on Disability); 256.975, subd. 2a. (Minnesota Board on Aging); 256C.28, subd. 7 (Commission of Deaf, Deaf-Blind, and Hard of Hearing Minnesotans); 268A.02, subd. 3 (State Rehabilitation Council and Statewide Independent Living Council); 326B.32, subd. 7 (Board of Electricity); 326B.435, subd. 7 (Board of Plumbing); 341.26 (Combative Sports Commission); 462A.04] (Minnesota Housing Finance Agency). 26 Sullivan V. Credit River Township, 217 N.W.2d 502 (1974). 27 Merz V. Leitch, 342 N.W.2d 14], t45 (Minn. 1984). 28 Minn. Stat. ~ 13D.04, subd. ] (~ 13D.04, previously ~ 471.705, subd. Ic, was added by Laws 1987, ch. 313, ~ 1). "Minn. Stat. ~ t3D.04, subd. 2; Rupp V. Mayasich, 533 N.W.2d 893 (Miun. App. ]995) (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 circums1ances that require immediate consideration)30 The same notice requirements apply 10 closed meetings.31 For state agencies, absent any other specific law governing notice, publication requirements can be satisfied by publishing notice in 1he State Register." 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 1hat are classified as other than public under the Government Data Practices Act." Exceptions to the Open Meeting Law A closed meeting, except one closed under 1he 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." 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." 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." Ifthe members of the public body conclude that discipline may be warranted as a result of those charges, further meetings or hearings relating 10 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 Minn. Stat. !i 13D.04, subd. 3. 31 Minn. Stat. !i 13D.04, subd. 5. 32 Minn. Stat. !i 13D.04, subd. 6. "Minn. Stat. !i 13D.01, subd. 6. "Minn. Stat. !i 13D.05, subd. 1, cl. (d). "Minn. Stat.!i 13D.01, subd. 2 (2); see a/so Zahavy V. University a/Minnesota, 544 N.W.2d 32, 41-42 (Minn. App. 1996). "Minn. Stat.!i 13D.05, subd. 2 (b). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 8 the charges must be open. subject 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." A public body may close a mee1ing 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 of the evaluation at its next open meeting. An evalua1ion meeting must be open at the request of the subject of the meeting. A meeting must be closed if an individual's medical records governed by Minnesota Statutes, section 144.291 to 144.298, are discussed." A meeting may be closed to discuss labor negotiatious. 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 of these meetings, and for the recordings to become public when negotiations are completed." Another law permits the Commissioner of the 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." The law permits closed meetings based on a limited attorney-client privilege. In 1976, the Minnesota Supreme Court held tha11here is alimi1ed exception, based on the attorney-client privilege, for mee1ings to discuss strategy for threatened or pending litigation." 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 ofthe exception remains limited in relation to the open meeting law." 37 Minn. Stat. ~ 122AAt, subd. 9. 38 Minn. Stat. ~ 13D.05, subd. 3(a). 39 Minn. Stat. ~ 13D.05, subd. 2. 40 Minn. Stat. S 13D.03, subd. 1. " Minn. Stat. S 13D.03, subd. 2. "Minn. Stat. S 179A.14, subd. 3. 43 Minneapolis Star & Tribune Co. v. Housing & Redevelopment Auth., 251 N.W.2d 620, 626 (1976). 44 Minn. Stat. S 13D.05, subd. 3(b) (added by Laws 1990, ch. 550 S 2). "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 n01 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 subject to be discussed. A general s1atement that the meeting is being closed to discuss pending or threatened litigation is not sufficient." A meeting may be closed to address certain security issues. If disclosure of the information discussed would pose a danger 10 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, sys1ems, procedures, services, or infrastructures to be considered during the closed meeting. A closed mee1ing must be 1ape-recorded at the expense of the 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." 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 N.W.2d 729 (Minn. 2002) (en bane). Cf Brainerd Daily Dispatch v. Dehen, 693 N.W.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 N.W.2d 64, 68 (Minn. App. 1989): Star Tribune, 507 N.W.2d at 872. 47 The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. App. 2004). "Minn. Stat. @ I3D.05, subd. 3. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 10 A meeting may be closed to discnss certain issues relatiug 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 confiden1ial or nonpublic appraisal da1a; 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 1he record the particular property 1hat 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 of the 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 mee1ing 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 1ime 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) if the court finds there is a violation." An agreement reached that is based on an offer considered at a closed meeting is contingen1 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 governingbody'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 compe1itive market activities and con1racts.51 On-site inspections by town board members are not subject to the law. The law does not apply to a gathering of town 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 of the inspections to the media that have filed a written request, including a telephone "Minn. Stat. 9 13D.05, subd. 3, referring to 9 13D.03, subd. 3. 50 Minn. Stat. 9 13D.05, subd. 3. Property appraisal data covered by this law is described in Minnesota Statutes, section 13.44, subdivision 3. 51 Minn. Stat. 9 t44.581, 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." 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 Da1a Practices Act," 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 ifi1 is reasonably necessary to conduct the business before the public body." A portion of a meeting must be closed if the following data are discussed: . Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults56 . Active investigative data collected by a law enforcement agency, or internal affairs data relating 10 alleged misconduct by law enforcement personnel" . Certain types of educational, health, medical, welfare, or mental health data that are not public data" Penalties The open meeting law provides a civil penalty of up to $300 for intentional violation.59 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 Minn. Stat. S 366.0 I, subd. II. 53 Minn. Stat. S 13D.OI, snbd. 2 (t). This exception does not make sense. Until 1982, tbe 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, ~ 18. 54 Minn. Stat. S t3D.05, subd. 1. 55 Minn. Stat. SS 13.03, subd. 11, 13.05, subd. 4, 11 (e), and 13D.05, subd. t. 56 Minn. Stat. S t3D.05, subd. 2 (a)(1). 57 Minn. Stat. S t 3D.05, subd. 2 (a)(2). 58 Minn. Stat. S t3D.05, subd. 2 (a)(3). 59 Minn. Stat. S 13D.06. 60 Claude v. Collins, 5 t 8 N.W.2d 836, 843 (Minn. t 994) (discussing the constitutionality of provision relatiug to removal from office); see also Brown v. Cannon Falls Township, 723 N.W.2d 3t, 41-44 (Minn. App. 2006) (discussing the statutory history and that since 1994 the statute has required three or more legal actions). 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 ifthe 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 if the court finds there was an intent to violate the open meeting law The court must award reasonable attorney fees to a prevailing plaintiff if the 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." The appropriate mechanism to enforce the open mee1ing law is to bring an action in district court seeking injunctive relief or damages. The statute does not provide for a declaratory judgment ac1ion.63 The Minnesota Supreme Court has held that actions taken at a meeting held in violation ofthe open meeting law are not invalid or rescindable.64 Advice Public bodies subject to the open meeting law may seek advice on the applica1ion of the law and how to comply with it from three sources: . The governmental entity's attorney . The attorney general" . The Commissioner of Administration66 6! Op. Att'y Gen. 471-a, Dec. 31, 1992; Minn. Stat. il13D,06, subd. 4 (c). 62 Minn. Stat. ilI3D.06, subd. 4. 63 Rupp v. Mayasich, 561 N.W.2d 555 (Minn. App. 1997). 64 Sui/ivan v. Credit River Township, 299 Minn. 170, 176-177,217 N.W.2d 502, 507 (Minn. 1974). 65 Under Minnesota Statutes, section 8.06, the attorney general is the attorney for all state officers and boards or commissions created by law. Under Minnesota Statutes, section 8.07, 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" Since 2003, an individual who disagrees with 1he 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 of the Commissioner of Administra1ion must pay a $200 fee if the commissioner issues an opinion. The commissioner may decide not to issue an opinion. If the commissioner decides not 10 issue an opinion, the commissioner must notifY the requester within five days of receipt of the request. lfthe 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, www.house.mn/hrdlissinfo/g.o._state.htm. "Minn. Stat. Ii 13.072, subds. 1 and 2. 67 Id.; see www.ipad.state.mn.us/opinions/index.html for access to prior opinions of the Commissioner of Administration or to find out how to request an opinion. 00 LEAGUE OF MINNESOTA CITIES GOVERNING & MANAGING INFORMATION Official Conflict of Interest :1.40A.3 May 2004 PHONE: {65]) 28] .1200 TOLL FRH: (800) 925-1122 FAX: {65D 281-1299 \Vr:B: WiNW.tMCORG 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. 145 UNIVFRSITY AVE. WEST ST. PAUL MN 55103~2044 @ 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 [mancial 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 additional limitations. . 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 of licenses. 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, if the 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 111. A. 2. of this 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 of the 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 of the exceptions that are described in Part 111. A. 2. of this 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 of this law. 6. When are offices incompatible? Generally, positions are incompatible when one or more of the 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 of the 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 councilrnember. 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 councilrnember has a [mancial interest in the relative's 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 councilrnember 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 councilrnember 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 of these 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 forfurther information, (651) 281-1200 or (800) 925-1122. Official Conflict ofIutcrest 5 Table of Contents Conflict of Interest Highlights ...................................................................................................................... 2 Part 1. 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 II 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............................................................................................... IS G. All cities .................................................................................................................................. IS H. Statutory cities ........................................................................................................................ 21 1. Home rule charter cities .............................................................................................................. 21 J. Specific kinds of contracts .......................................................................................................... 22 K. Contracts made in violation of the statutes .............................................................................26 Part IV. Conflict of interest in non-contractual situations.................................................................... 27 L. 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 Jaw ...........................................................................................36 T. Specific offices......................................................................................... ................................... 36 Part VI. Model forms ............................................................................................................................39 Official Conflict of Interest 7 Minn. Stat. ~ 471.895. Official Conflict of Interest Part I. Introduction State law sets many standards for public officers. Some of the 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 if the act is not specifically prohibited by law. Part II. Prohibited gifts, . economic disclosure, and political 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 [manciai interest in a decision that a local official is authorized to make. This law applies to all cities in Minnesota. 9 Minn. Stat S 471.895, subd.3. The law clearly applies to council members. However, since there is no definition of the term "local official," it is not known if the 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 of their 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 performance 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 of the 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 of the members of the 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 of the 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. *s IOA071; lOAm, subd.21. Minn. Stat. S IOA.D1, subd.22. Minn. Stat. S JOA.D7. 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 governmental 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 infonnation if they 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 mus1 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 if the 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 of the potential conflict of interest. Official Conflict of Interest 11 Minn. R. 4515.0500. Minn. Stat. S lOA.OI, subd.29. Mum. Stat. S IOA.09, subds. 6a, 1. . Deliver a copy of the notice to his or her superiors. 1. If the official is an employee, he or she must deliver a copy of the statement to his or her immediate superior. ii. If the 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 of the 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. If the 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. . If there 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). . If the 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 of the 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 detennined 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 infonnation: . 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., IOA.09. subd.5. Minn. Stat S lOA09, subd. 6; Minn. R. 4505.0900. Minn. Stat S 3838.053. Minn. Stat * lOA09, subd.2. More infonnation is available on the Campaign Finance and Public Disclosure Board's web site at: www.cfboard.state.mn. w<. 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 of the state. City officials can get a fonn 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 of the person required to file the statement of economic interest. . The date of the 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 infonnation, 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. ~ 356A.06, subd.4. Milill. Stat. S lOA.04. Minn. Stat.!! lOAOl, subd. 11; 10A.04, subd. 2. Minn. Stat. * 1OA.04, subd.4 (c). SeePartll-A- Prohibited gifts. Minn. Stat. * IOA.OI, subd.33. 14 Each member of the governing board of a public pension plan must file a statement of economic interest with the plan. 1l1is 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 1 0 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 fmancial 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 of total spending for both local and state lobbying activities. F. Leave during political candidacy League of Minnesota Cities 5 UB.C. II 1502-3; Minn. Stat. * 211B.09. Martin v. Itasca County, 448 N.W.2d . 368 (M;nn. 1989). Minn. Stat. * 43A.32; 5 U.S.C II 1501-2; 5 U.S.c. , 7324. Minn. Stats. SS IOA.lO, subd. 11; 211B.09-.1O; 18 U.S.C. *' 600-601; 5 U.S.C., 1503. Minn. Stat. * 471.87. 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 additional limitations 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). AG. Op. 470 (June 9, 1967). Minn. Stat. S 471.881. Minn. Stat. * 471.88, subd. 1; 1989 Street Improvement Program v. Denmark Township, 483 NW.2d 508 (Minn. App. 1992). ]989 Street Improvement Program v. Denmark Township, 483 NW.2d 508 (Minn. App. 1992). See Part IV -E~ Coriflict of interest checklist. 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 of the contract. Simply abstaining from voting on the contract will not allow the contract to be made. The attorney general reasoned that if the 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 of the statute might suggest that it does not apply to city officers who are unable to make a contract on behalf of the 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 of the 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 of the 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 of the 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 tbe 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 of the exceptions that are discussed below. League of Minnesota Cities Minn. Stat. S 471.88, subd.2. Minn. Stat. ch. ItSA. Minn. Stat. S 471.88, subd.3. Minn. Stat. S 331A.04. Minn. Stat. * 471.88, subd.4. Official Conflict of Interest The following exceptions are allowed ifthe proper procednre 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: i. The council must approve the designation by unanimous vote. ii. 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 tbe bank or savings association is fIrst designated or when tbe official is first elected (if that occurs later). The disclosure serves as notice of the interest and is only necessary once. iii. The interested officer should abstain from voting on the matter. . The designation of an official newspaper or the pablication of official matters in the newspaper. This exception applies only if the interested official's newspaper is the only publication qualified to be the official newspaper. Procedure. The following must occur to use this exception: i. The council must approve the designation by unanimous vote. ii. 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: i. The council must approve the contract by unanimous vote. The interested officer should abstain from voting on the matter. ii. 17 Minn. stat. s 471.88, subd.5. Minn. Stat. S 471.345; See League research memo Competitive Bidding Requirements in Cities (l30Bl.3) for more information. See Part V - Incompatibility of offices. Minn. Stat. ss 471.88, subd. 5; 47 J .89. See Foons 1 and 2 for sample resolutions. . A contract for goods or services if competitive bids are not required by law. Generally, a city must use competitive bidding if the 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; i. The council must approve the contract by unanimous vote. ii. The interested officer should abstain from voting on the matter. iii. The council must pass a resolution setting out the essential facts, such as the nature of the 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. See Form 3 for sample iv. Before a claim is paid, the interested officer must file an affidavit. affidavit with the clerk that contains the following: . The name and office of the interested officer. . An itemization ofthe commodity or services furnished. . The contract price. . The reasonable value. . The interest of the officer in the contract. . That, to the best ofthe officer's koowledge and belief, the contract price is as low or lower than the price that could be obtained from other sources. Minn. Stat. S 471.89, v. In the case of an emergency when the contract cannot be subd.2. authorized in advance, payment of the claims must be See Forms 2 and 3. authorized by a resolution (see above) in which the facts of the emergency are also stated. 18 League of Minnesota Cities Minn. Stat. ~ 471.88, subd.6. A.G. Op. 358-E-4 (JaIL 19, 1965); AG. Op. 358-e-9(April5, 1971); A.G. Op. 90-E (Apcil 17, 1978). Also see Part V- Incompatibility of offices. Minn. Stat. 9 471.88, subd.7. Minn. Stat. S 471.88, subds. 9, 10. Minn. Stat. 9471.88, subd.11. 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 of the 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 of fIre 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: i. The council must approve the contract by unanimous vote. ii. 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: i. The council must approve the contract by unanimous vote. ii. 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: i. The authority must approve the contract by unanimous vote. ii. 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: i. The authority must approve tbe contract by unanimous vote. The commissioner must disclose the nature of those loans or trust services of which he or she has personal knowledge. The disclosure must be entered into the meeting minutes. The interested officer should abstain from voting on the matter. ii. iii. iv. 19 Minn. Stat. ~ 471.88, subd.12. Minn. Stat. ~ 471.88, subd. 13. Minn. Stat. S 471.88, subd.14. Minn. Stat. S 471.88, subd.15. Minn. Stat. @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: i. The council must approve the contract by unanimous vote. ii. Tbe interested officer may not vote on the question of the 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: i. The council must approve the contract by unanimous vote. ii. 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: i. The authority must approve the application by unanimous vote. ii. The interested officer must abstain from voting on the matter. i1i. 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; i. The council must approve the franchise agreement by unanimous vote. ii. The interested officer must abstain from voting on any franchise matters. i1i. 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. * 471.88, subd.18. Minn. Stat. *471.88, subd.19. Minn. Stat. S 412.311. Official Conflict of Interest Procedure. The following must occur to use this exception: i. The grant must be for housing, community, or economic development. ii. 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: i. The city must have a population of 5,000 or less and be located in St. Louis County. ii. 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. iii. 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: i. The loan must be from state or federal loans or grants administered by the HRA. ii. The public officer must first disclose as part of the official minutes that they have applied for the funds. iii. 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, tbe fact that he or she has an indirect interest in it could violate this law. I. Home rule charter cities 21 Minn. Stat. ! 471.881. A.G. Op. 90a-2 (April 14,1960); kG. Op. 90E-5 (Aug. 30, 1949). kG. Op. 90E-1 (May 12,1976). Minn. Stat. S 471.88, subd.5. See Part V - Incompatibility of offices. A.G. Op. 90a-1 (May 16,1952). kG. Op. 90b (Aug. 8, 1969). A.G. Op. 90-E-5 (Nov. 13,1969). Singewald l'. Minneapolis Gas Co., 274 Minn. 556, 142 N.W.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 of these 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 borne 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 of the contract or tbe 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 councihnember as a city employee may still be prohibited under the "incompatibility of offices" doctrine. The attorney general has advised that a councihnember 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 of the 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 councihnember is an employee of tbe 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 witb may give a councihnember 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 AG. Op.' 90a-l (Oct. 7, 1976). AG. Op. (April I, 1975) (informal letter opinion). A.G. Op. 90E-1 (May 12,1976). AG. Op. 90a~ 1 (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 counciimember'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 of the contract for the employer and has no other interest in the contract. More difficult questions sometimes occur when a counciimember 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 ber 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 of these types of situations. In an informal letter opinion, the attorney general said the director of a malting company could assume office as a counciimember 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 if he was a counciimember 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 of the 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 See Part V - Incompatibility of offices. SeePartill-A- Exceptions and the procedures to use thelJl. Minn. Stat. SS 471.88, subd. 5; 471.345; See League research memo Competitive Bidd;ng Requ;rements in Cities (BOB1.3) for more information. Also see Part V - Incompatib;J;ty of offices. AG. Op. 358-e-4 (Jan. 19,1965); A.G. Op. 358-e-9 (Apri] 5, 1971); A.G. Op. 90-E (April 17,1978). Also see Part V -D- Offices that have been found ;ncompatible. See Part IV - Corrflict 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 if the two positions are incompatible. If the two positions are incompatible, the individual may not serve in both positions. If the two positions are not incompatible, it must then be determined if there 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 if the 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 witb 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 disqualiJYing effect on the making of a contract. There must be proof that 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 disqualiJYing interest. League of Minnesota Cities Minn. Stat. S 519.02. AG. Op. (June 28, 1928); A.G. Op. (July 14, 1939);A.G.Op. 90-C-5 (July 30,1940). AG. Op. 90-b (April 5, 1955). Minn. Stat. S 519.05. AG. Op. 90a-1 (Dec. 9,1976). Minn. Stal. , 363.03, subd.l(2). Also see Part IV - C - Family connections. Minn. Stat. S 15.054. Official Conflict ofInterest While it is easier to find that a councilmember has a personal fmancial 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 of the law if the councihnember has a direct or indirect interest in it. The attorney general has construed the law broadly to hold such contracts invalid. If the money earned under the contract is used to support the family, the councihnember derives some benefit. In this type of situation, tbe attorney general has held that there is an indirect interest in the contract on the part of the 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 of the relationship does not affect the validity of the 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 councihnember. However, if the facts tend to show otherwise, the legality of the 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 relationsbip. 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 of the 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 if the sale is in the normal course of their duties. 25 Minn. Stat. * 15.054. Minn. Stat. S 471.87. Mum. Stat. S 609.0341, subd.l. A.G. Op. 90a-l (April 22,1971). City ofChaska v. Hedman, 53 Minn. 525, 55 NW 737 (1893); Currie v. Sch. Dist. No. 26,35 Minn. 163,27 N.W. 922 (1886); Bjelland v. City of Mankato, 112 Minn. 24, 127NW 397 (1910). Stone v. Bevans, 88 Minn. 127,92 N.W. 520 (1902); City of Minneapolis v. Canterbury, 122 Minn. 301, 142N.W.. 812 (1913); Currie v. Sch. Dist. No. 26, 35 Minn. 163, 27NW 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 tbe 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 fmed up to $3,000 and imprisoned up to one year. Any contract made in violation of tbe 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 councihnember's vote was not essential to the council's approval of the contract. It is the existence of the interest that is important. Even if the 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 ofSt. Charles, 167 Minn. 171, 208 N.W 650 (1926); Mares v. Janutka, 196 Minn. 87, 264 N.W. 222 (1936). 56 Am. Jill. 2d Municipal COIporations S 142. Official Conflict of Interest When a prohibited contract is made with an interested councilmember, the councihnember may not recover on tbe 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, if the mayor is paid for services to the city under an illegal contract, a taxpayer could sue to recover tbe 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 tbe 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, if the goods cannot be returned and if the contract was not beyond the powers of the city and there was no fraud or collusion in the transaction, the court will determine the reasonable value of the 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. If the contract is necessary, a legal opinion or court ruling should be secured before proceeding. The safest course of action is to assume tbat a contract prohibited under the conflict of interest statutes is void, wbether or not the interested councilmember has participated in the transaction. Part 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 1'. City of Dairy Valley, 71 Cat. Rptr. 255 (Cal. Ct. App.1968).. Lenz 1'. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). Township Bd. 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 tbe member's participation makes the decision voidable, even if his or her vote was not necessary to make the decision. Some of the 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 if the 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 need for 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 establisb 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. S 471.46. Minn. Stat. S 4J5.15. See Part V - Incompatibility of offices. Minn. Stat. S 415.1 1. 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 of these 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 wbich the majority of the council participated. Likewise, determination of a councihnember'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 if he 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, tbe 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 of the 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 of the 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. (ApriI14, 1975) (informal letter opinion). AG. Op. 90a-l (Dec. 9,1976). Minn. Stat ~ 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); Len:: 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 councihnember 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 of the council on the existing employment relationship. lt 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 councihnember 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 tbe 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 N.w.2d 441 (1951). Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N.W.2d 209 (1967). A.G. Op. 590-32 (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 of the 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 of the proceedings regarding the project. The court in the second case found there was no disqualifying conflict of interest when four of the 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 tbe improvement proceedings. It is possible a councilmember's property ownership might result in a more favorable treatment of that property in an assessment project. If that 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 if the 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 bave an impact on all property in the city. In this situation, the interest is not personal and the councilmember should be able to participate. If this wasn't allowed, no such ordinance could ever be adopted since all council members may be property owners. 31 Webster v. Bd. of County Comm 'rs of Washington County, 26 Minn. 220, 2 N.W. 697 (1897). Rowell v. Bd. of Adjustment of the City of Moorhead, 446 N.W.2d 917 (Minn. App. 1989). Webster 1'. Bd. of County Comm'rs of Washington County, 26 Minn. 220, 2 N.W. 697 (l897). 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 councihnember 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 of fact 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 councihnember 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 if the highway had gone through his property. iii. Chnrch 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 of the 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 tbat 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 of the highway. The board member's interest was similar to that oftbe rest oftbe public and differed only in degree. A different decision may have been reached had the highway gone though any ofthe commissioner'.s land. League of Minnesota Cities TownshipBd.ofLake Valley Township v. Lewis, 305 Minn. 488, 234 NW.2d 815 (1975). kG. Op. 396g-16 (Oct. ]5,1957); See also, Petition of Jacobson, 234 Minn. 296,48 N.W.2d 441 (1951). AG. Gp. 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 of their 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 of the action, even a councilmember who does not bold a license may have a possible conflict of interest that could disqualify him or her from voting. The attorney general said that a councihnember 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 tbatthe councilmember was personally interested. For example, if the 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.T.O., Inc. 1'. Town of Marion, 375 N.W.2d 815 (Minn. 1985). Minn.R. S 7515.0430, subp.5. Nodes 1'. City of Hastings, 284 Minn. 552, 170 N.W.2d 92 (1969). 1989 Street Improvement Project 1'. Denmark Township, 483 NW.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 b.e valid if the 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 fmancial debts. The court held that it would have been a "better practice" for the commission member who had been a creditor of the 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 wbo 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. i. Make disclosure at the earliest stage preceding the discussion. . Make oral disclosure to the governing body or board. . Make written disclosure. ii. 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); Kenney\'. Goergen, 36 Minn. 190,31 NW 210 (1886). 5 US.c. !S 7323(a)(3); 7322(2). (Mace information about the Hatch Act (5 U.S.c. " 7321-7326) is available at: www.osc.gov/hatchact. htm). Official Conflict ofInterest . Don't influence others. i. Don't participate in the discussion, either at the time of tbe vote or earlier. ii. Leave the room when the governing body is discussing the matter. Part V. Incompatibility of offices 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 witb 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 of this 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 if the functions are incompatible or if the 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 N.W. 210 (1886); State v. Sword, 157 Minn. 263,196 N.W. 467 (1923); M..iJ.m. Stat. S 471.46; AG. Op. No. 256 (1936); kG. Op. No. 235 (1928); A.G. Op. No. 234 (1928). AG. Op. 471-M (Dec. 11,1957). . If the holder of one position (or the group or board of which the person is a member): i. Hires or appoints the other. ii. Sets the salary for the other. iii. Performs functions that are inconsistent with the other. iv. Makes contracts with the other. v. Approves the official or fidelity bond of the other. . If a specific statute or charter provision: i. States that one person may not hold two or more specific positions. ii. Requires that the officer may not take another position. Iii. 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 of the offices and their relationship to one another. A city official wbo is considering seeking an additional office should obtain a legal opinion on the compatibility of the two offices. The attorney general has found the following offices to be incompatible: AG. Op. 358e-7 . Councihnember and city treasurer (March 5, 1965). AG. 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). AG. Op. 358e~3 . Councihnember and city attorney (March 6, 1946). AG. Op. 358-e~9 . Councihnember and fire chief (AprilS, 1971). 36 League of Minnesota Cities A.G. Op. 358-e-4 (Jan. 19,1965); Minn. Stat. S 471.88, subd. 6. A.G. Op. 358-e-9 (Ap,il5,1971). A.G. Op. 90-E (Ap,il 17,1978). Minn. Stat. S 4] 2. 152. Minn. Stat. S 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 genera] advised that the fire chief of a municipal fire department automatically vacated the office of fire 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 ] 978, 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 ]965 opinion involved a fire department member who was not an officer and the] 97] opinion involved a fire department member who was the fire chief. ]n 1997, the Minnesota Legislature attempted to c1ariJ'y 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 cbarter cities may be able to use it iftbeir 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 of the fire chief. . Neither office performs functions inconsistent with the otber. . 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 tbe 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, tbere is still some vagueness regarding what functions between the two offices would be considered inconsistent. Because each city may bave 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. 358,-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 . CounciImember and county treasurer . Councilmember and officer of nonprofit, public-access, cable-service provider . 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 of the 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 bas available a document that lists many of the different public offices/employment and whether they have ever been found to be incompatible. League of Minnesota Cities Part 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 ([!Gods / merchandise / eQuivment / services): (describe in detail); And Whereas, (name of interested official) is the (office held bv interested official) of the city and will be financially interested in the contract; And Whereas, it is determined that the contract price of $ which the goods can be obtained elsewhere at this time; And Whereas, the contract is not one that is required to be competitively bid; is as low as, or lower than, the price at Now be it resolved by the city of , Minnesota that the city clerk is directed to make the above-mentioned purchase on behalf of the 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. ~ 471.89. This resolution is passed to comply with the provisions of Minn. Stat. ~~ 471.87-.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 of the 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 reqnired to be competitively bid; Now be it resolved by the city of , Minnesota that the above-mentioned purchase by the city and the claim of the 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. ~ 471.89. This resolution is passed to comply with the provisions of Minn. Stat. ~~ 471.87-.89. Passed by unanimous vote of the 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 oOnterested officer), being duly sworn state the following: I) 2) I am (office held bv interested officiai) of the city of , Minnesota. On (dav and date), the following (floods / merchandise / eCluivment / services) were furnished by (name of business or individual with whom the contract was made) to the city of : (svecifV the tvve of '!Gods. merchandise. eCluivment. or services that were vurchased). Tbe contract price for such (floods / merchandise / eCluivment / services) was $_ and their reasonable value was $ 3) At the time such (floods / merchandise / eauivment / services) were furnished to the city, I had the following personal financial interest in this contract (svecifV the nature of the versonai financial interest) To the best of my knowledge and belief the contract price is as low as, or lower than the price at which the (floods / merchandise / eCluivment / services) could be obtained from other sources. 4) I further state that this affidavit constitutes a claim against the city for tbe contract price, that the claim is just and correct, and that no part of the claim has been paid. (simature of interested official! Subscribed and sworn to before me this day of (month), 6!fgd. (sirmature of notarv) Official Conflict of Interest 41 Attachment 2 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7,2008 (Additions are shown as underlined, deletions are shown as stricken, and areas for review are highlighted in grey.) 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 S, 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 a4a p.m. on the third fifst Mondav Tuesday of each calendar month, provided that when the meeting falls on a legal holiday or voting Gay, 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 In 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 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 Rosenberq's Rules of Order. Simple Parliamentary Procedures for the 21st Century Robert's Rules of Or 00.", Re'Jised. P:IPW\WorksIEnvironementaIlEnvironmental CommissionlRules of Procedure (5) -3- Attachment 3 MAPLEWOOD CODE DIVISION 6. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 2-2xx. 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. 2-2xx. 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. 2-2xx. 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 ofthe vacated terms. (Code 1982, S 25-19) Sec. 2-2xx. 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 I chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources 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. 2-2xx. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (I) 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. 2-2xx. 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. (Code 1982, S 25-22) Sec. 2-2xx. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (I) Establish environmental priorities for the city. (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. 2 (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) Sec. 2-2xx. 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. 2-2xx. Responsibilities ofthe Environmental Manager. Subject to the direction ofthe 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 ofthe 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. 2-2xx. 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 3 ~ 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 L 2006. Passed bv the City Council of the City of Maplewood on this 11 th day of September. 2006. Diana Longrie, Mayor ATTEST: Karen Guilfoile, City Clerk 4 Agenda Item 6.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Review of Goals/Unfinished Business and Status of Subcommittees December 17, 2009 for the December 21,2009, ENR Meeting INTRODUCTION In November 2008 the Environmental and Natural Resources (ENR) Commission held a goal setting meeting. During the meeting the commission chose three main goals they wanted to focus on in 2009 including stormwater, greenways, and trash hauling. During the goal setting meeting, the commission agreed to break up into subcommittees to do research and work outside of the full commission. In addition to working on these goals throughout the year, the ENR Commission continued or began work on several other environmental issues. This memorandum is intended to generate discussion on the status of the commission's chosen 2009 goals, unfinished business, and subcommittees. DISCUSSION Status of Goals Stormwater: The commission was given a presentation on the National Pollutant Discharge Elimination System (NPDES) Phase II Annual Report, which is a permitting program required by the federal Clean Water Act. The report detailed stormwater management programs the city has in place currently to comply with the permit. In addition, the commission reviewed and recommended approval of the surface water management plan, which is a plan required by state statute that focuses on programs to address priority stormwater management concerns connected to land use planning and official controls. In August 2009 the commission began discussing implementation strategies for the surface water management plan, which includes updating the city's ordinances and rules to ensure compliance with the plan. The commission will continue this work in 2010 with the assistance of Ron Leaf, stormwater consultant with SEH, and Michael Thompson, city engineer. Greenways: The greenways subcommittee began exploring the city's four greenways and studied general greenway concepts. A broader dialog with the community will be required in 2010, after the comprehensive plan is approved by city council. Trash Hauling: The trash hauling subcommittee did research on the impacts of multiple haulers in the city. The subcommittee submitted a short report describing those impacts. The commission made a motion directing staff to do a formal review of the issue and bring the report back for review and recommendation on the feasibility of limiting trash haulers in the city limits. City staff will be discussing the recycling request for proposal (RFP) with the commission and city council in early 2010. In particular, staff will present the issue at a city council workshop on February 1, 2010. During that workshop staff will present the city's multiple trash hauling issues in addition to the recycling RFP with the city council. Staff feels that the city council support of a formal review of limiting the number of trash haulers is necessary to proceed. After feedback from the city council and completion of the recycling RFP mid-year, staff hopes to revisit the trash hauling issue with the commission. Unfinished Business The commission also undertook several environmental issues which remain unfinished including: 1. Environmental Protection Ordinance (Slopes and Mississippi Critical Area) 2. Alternative Energy Ordinance 3. Chickens in Residential Zoning Districts Summary There are five commission positions which expire December 2009. The city council will hold interviews for reappointment and appointments in early 2010. Once the commission has a full complement of members appointed, a 2010 goal setting meeting should be held. During the meeting the commission can determine priorities. Until such time, as recommended in the Commission Handbook, the subcommittees should be disbanded and new subcommittees appointed in 2010 for the chosen goals. RECOMMENDATION Review the status of the 2009 goals and unfinished business and offer feedback. Formally disband the three subcommittees, with reappointment to new subcommittees to take place in 2010 if needed. 2