HomeMy WebLinkAbout2010-01-21 HPC Packet
MAPLEWOOD HISTORIC PRESERVATION COMMISSION
COUNCIL CHAMBERS - CITY HALL
January 21,2010 -7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. November 19, 2009
5. Chair Opening Statements/Presentations
6. Visitor Presentations - Keller Golf Course Project Update
a. Victoria Reinhardt, Ramsey County Commissioner
7. Old Business
a. Local Government Certification Status & Amendment to the HPC Ordinance
b. City of Maplewood Commission Handbook
8. New Business
a. 2009 Historical Preservation Commission Annual Report - Discussion only
b. HPC 2010 Goal Setting
9. Commission Presentations
10. Staff Presentations
a. Historical Preservation Commission Term Update
b. Election of Chair and Vice-Chair
11. Adjournment
NOTE: There may be a quorum of the Historical Preservation Commissioners at the Historical
Preservation Commissioners in attendance at the Maplewood Area Historical Society meeting on
February 10, 2010 at 7 p.m. The Maplewood Area Historical Society meetings are held at the Bruentrup
Heritage Farm, 2170 County Road D, Maplewood.
DRAFT
MAPLEWOOD HISTORICAL PRESERVATION COMMISSION
COUNCIL CHAMBERS. CITY HALL
November 19, 2009 -7:00 P.M.
1. Call to Order - 7:00 p.m.
2. Roll Call:
Present: Chair Ron Cockriel, Vice Chair Richard Currie, Commissioners Lu Aurelius, Robert
Creager, AI Glabraith, Liaison Dave Fisher, Recorder Lois Behm
Absent: Commissioners Caleb Anderson, Pete Boulay
Ron announced that he received a call from Caleb Anderson stating that his new job requires him to
work nights and, unless he is able to work out a substitution or rotation, he may have to resign his
place on the Commission.
3. Approval of Aaenda:
Richard moved to approve the AClenda as presented, AI seconded, Aves - all.
4. Approval of Minutes:
a. October 15,2009 HPC Minutes
Richard moved approval of the minutes as presented, Bob seconded the motion.
Aves: Ron, Richard. AI, Bob; Navs: none; Abstention - Lu.
5. Chair OpeninCl Statements/Presentations - None
6. Old Business
a. Historical Preservation Commission Survev Results
Dave reported there was very little response to the survey letters, which is common in such cases.
With regard to the question about the bridges on Frost Avenue, he checked with City Engineer,
Michael Thompson, and found that, having been passed back and forth a few times, they are now
under City jurisdiction now. He also found that the possibility of changes to them is closer than he
thought, but not necessarily imminent. He was told that typically, when there is a question about
saving something like that because of historical significance, they try to keep some part of it,
perhaps some bricks mortar, while widening obsolete structures like these. As for the other bridges,
he had great difficulty reaching anyone for information.
Ron said that in some cases a portion of the structure or site might be used for another purpose,
such as a wayside rest, a park or walking path, etc.
Dave suggested Ron talk to Michael Thompson so the idea would be planted and possibly be used
when the time comes for the changes. Getting back to the survey, Dave said copies of the responses
were in the packet, but because of resident's requests, (they asked to be identified by PID number rather
than name or address) he removed the names and addresses. He said the interesting one is from
Ramsey County Parks in which they indicated the Keller Golf Course building no longer rneets their
needs and are planning some changes. but did not indicate if it was to be an addition, remodeling or
complete replacement.
Richard commented that perhaps the residents are concerned they might be too restricted in what
they can do with their property, and we don't want to prevent them from updating their property for
code or energy efficiency purposes. Discussion followed about the possibility of amending the proposed
ordinance to make it less restrictive, more 'friendly' in nature, and how that could be accomplished.
Dave said his only experience was with the Bruentrup Heritage Farm where the Minnesota Historical
Society wanted a historical architect involved to guide the repair/remodeling operation in order to
maintain the historic appearance of the barn through the light fixtures, authentic paint, hiding the
sprinkler system, etc.
Dave added that the most interesting response was from Ramsey County Parks, stating they are
planning some changes to Keller Golf Course and Club House, but did not state whether it would be
removal and replacement of the club house or an addition. Some discussion followed about the history
of Keller Golf Club House, with various comments about how Commissioners felt about the value of
saving, versus replacing, the club house, and whether they should.
Ron commented on the possibility of recording/photographing historical sites and the rights of owners to
control what happens with their property.
Lu referred back to previous discussions of goals wherein, in some cases, it would be photographed and
some recording efforts would be made.
AI and Ron replied that, since the owners are required to have permits before a demolition, it would
provide an opportunity to approach the owner to get permission for preserving the information. The
problem would arise in the cases where demolition permit is not obtained.
Ron again mentioned making the ordinance less restrictive in order to gain more resident support.
Dave pointed out that presently, since the ordinance has not been approved by Council, there is no
requirement that the Commission must be notified before a permit is issued by the city's Planning
Department. Discussion led to a consensus that a 'check list' of the information the Commission wants
to receive should be developed at a future meeting. Dave believes it will be necessary to discuss any
proposed changes with Michael Koop to determine if the ordinance can be made less restrictive and still
meet the requirements for obtaining CLG status.
Discussion followed about the portion of the ordinance regarding initiation of the historic designation
process, and the fact that the balance of the ordinance does not take effect until the property is
designated as historical. Ron suggested the request to Council should come jointly from the
Commission and the property owner, making it simpler to enforce the balance of the ordinance if any
changes are requested. Dave responded that the ordinance still needs to require notification to the
Commission of demolition permit requests for any structure that is unique or 50 years old or older. Lu
commented that this should also include neighborhoods, such as when the entire residential
neighborhood south and east of 11th Avenue and White Bear Avenue was removed to develop the
Cub/Home Depot/etc. development several years ago. Dave will work on the change(s) discussed, and
bring it back to the next meeting.
b. Grants - Discussion onlv
Ron reported he and Dave had discussed this and Dave talked to Historical Society President, Bob
Overby about the funding available as grants due to the new Minnesota Legacy Grants, and what types
of projects are eligible.
Dave said the Historical Society already has a couple of requests in process, but is willing to collaborate
with the Commission on future applications/projects. The money is out there, but what the Commission
will need to do is come up with ideas for projects that will meet the criteria for funding. There are $1 ,000
grants that are given out on a monthly basis, and perhaps some possibilities would be signage, recording
information, historical information set up on the city web site or at the library, etc. He suggested each
commissioner go to the MN Historical web site and see what kinds of projects have been accepted or get
ideas for others.
Ron suggested this could be part of the next meeting's discussion and goal setting.
Dave displayed a page of guidelines for MNHS guidelines and suggested those who are also members of
the Maplewood Historical Society could look into what they are doing, and get some ideas from that.
Ron said the goal-planning at the next meeting could also produce some ideas frorn any of the goals that
were not met during 2009.
Bob said the Poor Farm Cemetery is in need of some clean-up and repair and perhaps that could be a
project.
7. New Business - None
8. Visitor Presentations
Lisa Lester, a new Maplewood resident and student at Century College, introduced herself and said she
is taking a class about state and Local law - getting involved in the community, going to meetings, etc.,
and enjoyed hearing what the Commission is doing.
9. Commission Presentations
Lu said she hasn't been getting any material from the Ramsey County Historical Society so she called
and was told they have been mailing it to City Hall. She has now started receiving it and finds they have
a lot of meeting with speakers coming in.
Richard mentioned a request had been received for information on Applewood and Gladstone. Pete
replied with an e-mail offering the Gladstone book; Dave mentioned he has an electronic copy of the and
gave Pete a copy.
a. Maplewood Historical Societv Update
The Historical Society had a quilting bee last weekend; the Holiday Open House will be December 5th and
6th from 1 :00 until 4:00; the members potluck dinner will be December 9th, the Holiday Tea will be
January 16th, 11:30 a.m. and 2:30 p.m.
10. Staff Presentation
Dave said he had nothing.
Ron suggested that, if there is nothing pressing to take care of in December, the December meeting
could be cancelled and the next one would be in January.
Lu moved to cancel the December meetinCl, Richard seconded, aves - all
11. Adjournment - 8:30
MEMORANDUM
DATE:
James Antonen, City Manager
David Fisher, Building Official
Local Government Certification Status & Amendment to the HPC
Ordinance Discussion
January 12, 2010 for the January 21,2010 HPC Meeting
TO:
FROM:
SUBJECT:
INTRODUCTION
During the November 19, 2009, Historical Preservation Commission (HPC) meeting, the
commission requested staff to contact Michael Koop, with the Minnesota State Historic
Preservation to see if the Maplewood HPC Ordinance amendment could be less restrictive and still
meet the Local Government Certification status. This could be accomplished by removing some of
the restrictions for new construction or remodeling for existing structures. The historical survey and
a draft of the updated amendment to the HPC ordinance was discussed. Most of the feedback from
the historical survey was concern of how the ordinance would restrict permits or land use. In
addition, there was discussion to require the HPC to be notified about all demolition permits before
they are issued. This would be limited to buildings of 50 years in age or older. The purpose of the
notification is to provide time for the HPC to take photos and document the buildings and sites.
Establishing such a procedure will help the HPC keep good historical records of building and sites.
DISCUSSION
Staff contacted Mr. Koop and found that a less restrictive HPC ordinance amendment would affect
the Local Government Certification status. The Local Government Certification status has been a
goal of the HPC and would be difficult not to continue with' trying to obtain in 2010. The HPC has a
choice to make regarding the HPC ordinance amendment. The updated amendment to the HPC
ordinance could be brought to the city council as is or as is with update of the demo notification to
the HPC. The HPC could choose not to do anything or just amend a small part of the HPC
ordinance.
RECOMMENDATION
Staff recommends the HPC has an open discussion about the proposed HPC Ordinance
amendment and give staff direction.
P:\HPC Memo HPC Amended HPC discussion Jan 122010
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
David Fisher, Building Official
Commission Handbook
January 7, 2010 for the January 21, 2010 HPC Meeting
INTRODUCTION
On July 27, 2009, the city council adopted the City of Maplewood Commission
Handbook. The purpose of the Handbook, which pertains to all city commissions and
boards, is to provide general information, rules and policies for commission members.
At the October 15, 2009, Historical Preservation Commission meeting Alan Kantrud, the
City Attorney, presented and explain the handbook.
Please find enclosed the Commission Handbook with the appendices included for your
reference.
p:\ HPC\commission handbook memo 10 7 09 dgf
Attachments: 1. Commission Handbook with appendices included
CITY OF MAPLEWOOD
COMMISSION
HANDBOOK
Table of Contents
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD ADOPTING A
COMMISSION HANDBOOK AND AMENDING TIlE
COMMISSION POLICY GUIDELINES........................3
Chapter I:
Introduction & Overview..................................................4
Purpose of Maple wood Commission Handbook...........4
Orientation of New Memhers........................................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 COITlITlission .... ............................... ........ ... ....6
Environmental and Natural Resources
Commission.............................................................6
Housing and Redevelopment Authority...................6
Community Design Review Board..........................6
Historical Preservation Commission........................ 7
Police Civil Service Commission............................7
Business & Economic Development Commission. .7
Maplewood Economic Development Authority...... 7
Other Committees and Task Forces.........................7
Description of City Departments and Divisions............7
City Manager. ............ ............. ......................... ........7
Citizen Services/City Clerk.....................................8
City Attorneys.................................................... ......8
Human Resources...................................... ........ ......8
Information Technology...... ....................................8
Finance....................................................................8
Fire...........................................................................8
Community Development and Parks.......................8
Police.......................................................................9
Public Works................. ........................... ... ............9
History of the City ofMaplewood.................................9
Chapter 2:
The Advisory Role...........................................................lI
Role of the Chairperson and Vice Chairperson........... 11
Responsibilities ofIndividual Members......................J2
Staff Liaison Responsibilities.... ..... ....................... ... ...12
Relationship With City Council...................................12
Council Relationship With Advisory Bodies...............13
Term of Office................................... ..........................13
Signing Commission Documents/Communications... .13
Cbapter 3:
Commission Meetings......................................................14
Agenda........................................................... ........ ... .14
Placing Items on the Agenda................................. 14
Minutes..... ................. ........ .................... ..... ............... ..14
Correction to Minutes............................................14
Special Meetings..................... ................. ..... ...... ....... .14
Televised Meetings..................... .................... ............ .14
Joint Meetings with the City Council..........................15
Subcommittees........................ .... ............... ............ ... ..15
Chapter 4:
Parliamentary Procedure................................................16
Quorum........................................................................16
Voting Procedure..... ........ ............. ............................. ..16
Motions........................................................................J 6
Legal Issues.. ............................ ......... ........ .... ... ......... ..17
The Open Meeting Law.........................................17
Conflict of Inter est.......................................... .......18
Other Legal Issues.................................................18
Frequently~Asked Legal Questions........................19
Cbapter 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 COlUlcil........................24
City Cotlllcil Relationship with City
COITlITlissions/Boards................................................24
Communication with Other Agencies and Groups......24
Role of the Staff Liaison.......... ......... .................... .......24
Appeudix..........................................................................2S
Sample Agenda.................................. ........ ................ .26
Sample Minutes................................ ............. ........ ... ...27
Rosenberg's Rules of Order..... ...................... ...... ... ... ..28
Text of the Open Meeting Law....................................36
Minnesota Open Meeting Law (House Research
Information Brief)........ ......................... ............ ...... .48
Official Conflict of Interest (LMC Information
Memo )......................................................................61
2
RESOLUTION NO. 09-_, SERIES 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD
ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION
POLICY GUIDELINES
WHEREAS, the City Council utilizes commissions to serve in an advisory capacity and provide
in-depth review and consideration on subject matters within their jurisdictions; and
WHEREAS, city commissions are appointed by the City Council and serve as legislative bodies
for the city of Maple wood, which must be governed appropriately as befitting their public nature;
and
WHEREAS, the City Council amended the Commission Policy Guidelines on July 27, 2009; and
WHEREAS, there was a need to update and provide current information; and
WHEREAS, a Commission Handbook was written to provide general information, rules,
policies, and state statutes for commission members.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood
hereby adopts the Commission Handbook as its amended Commission Policy Guidelines.
PASSED AND ADOPTED by the Maplewood City Council on this 27th day of July, 2009, by
the following vote:
Ayes: Mayor Diana Longrie, Councilmember Kathleen Juenemann, Council member John
Nephew, Councilmember Will Rossbach
Nays: Councilmember Erik Hjelle
Absent: NONE
/s/
Mayor
ATTEST:
/s/
City Clerk
3
Chapter 1:
Introduction & Overview
Boards, commissions and committees (referred to collectively as "city commissions") have a critical role in the city
of Maplewood. As a commissioner, you serve as a conduit for citizen input - a way of gathering, analyzing and
recommending options to the City Council, which has the final responsibility for making policy decisions. City staff
provides professional and technical expertise. Commissions provide another important avenue for determining the
community's feelings about an issue. The individuals who serve on the city's commissions are among the most
respected and appreciated volunteers in the community.
Purpose of Maplewood Commission Handbook
Minnesota law gives city councils the power to create advisory commissions and appoint their members. 1 The City
of Maplewood prepared this commission handbook to assist commissioners by outlining accepted practices and
clarifying expectations. 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
Comrnission3, 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 Council or required 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. 6 462.354
3 Minn.Stat.64t9
4
Putting Boards, Commissions, and Committees Into Context
The city of Maplewood is a statutory "Optional Plan B,,4 city, incorporated in 1957. Maplewood uses a Council-
Manager form of government. The City Council serves as the legislative body, sets policies and procedures, and
represents the citizens of Maple wood. The City Manager, who serves at the will of the City Council, carries out the
Council's direction and is the chief administrative officer for the city.
City Council
The Maplewood City Council, the governing body of the city, is made up of four councilrnernbers 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.
Councilrnembers 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 month, 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, \'\'WW.cLmaplewood.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 serves to make
recommendations to the City Council on issues related to that specific field. Members of commissions are
volunteers who are appointed by the City Council and serve at the pleasure of the City Council. Commissioners
must be residents of the city of Maplewood. Council may, under very special circumstances and unless prohibited
by State law or City ordinance, determine that a person living outside the Maplewood city limits may be appointed
to a board or commission because that person's expertise would enhance a particular commission. City Council may
also decide to appoint ex-officio members without voting privileges.
A member of the commission should be knowledgeable and experienced in the areas of interest of the
board/commission on which he/she wishes to serve. Membership should be based on willingness to be objective,
open-minded, and to seek solutions and promote harmony in the community. In some cases membership selection
is based on specific educational or professional criteria as called out by City Ordinance. The City Council reviews
applications, conducts interviews for positions on the various Commissions, and ultimately selects the members.
Oath of Office
Pursuant to State Statute, S 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.'
4 Statutory cities are covered by Chanter 412 ofMiImesota Statutes.
5 See the current City of Maplewood Rules of Procedure for City Council and Council Meetings for additional information
about council meetings and policies.
6 Minn. Stat. 6 358 t t
5
The Oath of Office is as follows:
I, [name], do solemnly swear that I will snpport the Constitntion 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 Maplewood, in
the County of Ramsey and the State of Minnesota, to the best of my judgment and ability. So help me God.
Boards and Commissions and Membership Requirements
This list briefly describes each city commission. All commissions are subject to the state conflict of interest rules
and must refrain from participating on matters in which the commissioner has an economic interest or other
disqualifying interest, such as personal, familial relationships.7
Planning Commission
The Planning Commission has nine members who serve three-year terms, and is the City of 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, Official Conflict of Interest.
8 Minn. Stat. ,462.354
9 Note that Maplewood's HRA is established as an advisory body, not an HRA as defmed by Minn. Stat. 6469.03.
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 HPCs 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 of the 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 of7 members, 3 of which must be small business owners.
Maplewood Economic Development Authority
The Economic Development Authority, or EDA, is a statutorily-authorized body organized under S 469.090 et sec.
and is charged with carrying out economic and industrial development and re-development within the City and
surrounding area. The Mayor and City Council make up the EDA and' the City Manager serves as its Director.
Other Committees and Task Forces
There are city committees and task forces that are created by the Council from time to time to look at a specific
issue. In addition, the city participates on boards, commissions, and committees that have been established by
regional agencies or organizations to discuss issues involving the county, schools, local businesses, etc. For a list of
City of 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 Council. The City Attorneys advise the City Conncil 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, worker1s 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 Finaucial Report, the Budget, and the Capital improvement Piau.
Fire
Maplewood Fire is a combinatiou 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 Departmeut 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 Plmming Division champions the values of our community by guiding development and protecting the
environment through studies and zoning controls. The City of Maplewood planning division is primarily
responsible for the review and management of new developments, subdivisions, and redevelopment. The
division also coordinates the preparation of the city's comprehensive plan.
. The Building Inspection Division reviews plans, issues permits, and conducts inspections under the
requirements and guidelines ofthe State Building Code.
. The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging
facilities, and pnblic 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 patiicipate 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 VehiclelFleet 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 arrived, the land in Maplewood was
inhabited by the Dakota Indians. The landscape was a mix of scrub oak and prairie, with many marshes and lakes.
In 1850, a group of families ventured out from St. Paul along an old Indian trail which is now Hazelwood Street.
They were the Bells, Caseys, Conlins, and Vincents. At today's County Road C they turned to the east and began to
build their log cabins. The sound of their axes alerted the nearby Dakota who quickly surrounded the homesteaders.
The Dakota asked them to leave and the newcomers quickly retraced their steps. The settlers made repeated
attempts to claim the land they had bought for 2 dollars an acre. But again and again they were driven back. Finally,
in 1853, they found that the Ojibway had pushed the Dakota out of the area. The Ojibway just wanted to hunt on the
land and they didn't mind the clearing of trees. At about this same time southern Maplewood was being settled as
well. In 1852, Thomas Carver began farming to the west of Carver Lake. This area, the south leg of Maplewood,
later became McLean township. Northern Maplewood was included in the township of New Canada when it was
formed 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 Superior and Mississippi Railroad and
followed the [Bruce] Vento Trail. By the 1880s the line was owned by the St. Paul and Duluth Railroad. This owner
would playa big part in Maplewood's development. In 1886, the Wisconsin Central Railroad built a line that
intersected with the St. Paul and Duluth Railroad. A townsite was planned at the junction of these two railroads that
9
was predicted to "rival St. Paul." William and Mary Dawson platted out a town and decided to name the place
"Gladstone" after William Gladstone, a popular British statesman of the time. Dawson plarmed to relocate his plow
work business there and was able to entice the St. Paul and Duluth Railroad to put its shops in Gladstone. For a
time, the little village prospered. In the 1890s the town employed 1,000 workers. It had a post office, a hotel, at least
two saloons, a brothel, and a population of about 150.
Gladstone suffered a series of misfortunes that was its demise. First, a fire destroyed the plow works. Then the
founder of the town, William Dawson, filed for bankruptcy. The last straw was when the railroad shut down the
shops sometime around 1917. Gladstone became a ghost town with many people leaving or burning their houses for
insurance. Trains still remained an everyday sight in Gladstone for many years after. The depot stayed in service
through the 1950's but the railroad changed the name to Gloster in 1910 to avoid confusion with Gladstone,
Michigan. The people who stayed behind were the farmers.
Truck farming was the main business in the areas adjacent to St. Paul through much of the first half of this century.
The fanners were the local government for many years. In 1878, a town hall was built for New Canada along the
north shore of Lake Phalen and was moved to Gladstone in 1900. Annual meetings were a big event and the little
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 hack of the 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 the city continued to use buildings in the old Gladstone site. The Police Department
had a converted house and the engineering department was in an old barber shop and grocery store. According to
legend, work on the new village hall was so slow, Building Inspector Oscar Londin grabbed a shovel and said "I'll
do it myselt1" The two-story city hall was built on Frost Avenue in 1965. It only took 20 years to outgrow the new
city hall and a new one was built in the woods off County Road B and White Bear Avenue.
The Village of Maple wood was changed to the City of Maple wood by the 1970's and adopted the council manager
fonn of government. The Maplewood Mall opened in the early 1970's and became the major center of retail
business in Maplewood. In the late 1960s and 70s there was a Maplewood Fall Festival with parades and a Miss
Maplewood pageant. The main event of the city became the 4th of July celebration held at Wakefield Park in the
1970s and 80s and at Hazelwood in the 1990s. The highlight of each event is the fireworks display. By 1990, 30,954
people lived in Maplewood. The city was rapidly being developed, especially the southern leg. Open space became
a concern. The home of the 3M Post-It Note became one of the first cities in Minnesota to buy land and set it aside
to remain undeveloped.
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Chapter 2:
The Advisory Role
Local governments create advisory groups for many different reasons. They are established to:
1. Fulfill local or state statutes
2. Implement a federal or state grant condition
3. Obtain advice on a specific subject
4. Build a community consensus for a project or program
5. Investigate an activity, problem, or event
6. Guide or regulate programs.
Standing committees, commissions, ad hoc committees and task forces are formed for a specific purpose and
dissolve after completing their mission. Advisory boards differ in their duties and responsibilities. Many are totally
advisory to the elected body. Others are empowered to decide specific issues. Others, such as the Planning
Commission, are an integral part of the government structure. If an organization is to function effectively, there
must be clarity, understanding, and acceptance of the roles assigned to the elected body, commissions, and staff.
Role of the Chairperson and Vice Chairperson
Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is
usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of
an individual to serve as the chair or vice chair should be taken into consideration. Commissions should try to give
all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take
extra time.
Responsibilities of the Chair:
. Preside at all official meetings of the board, commission, or committee.
. Consult with the staff liaison in drafting the meeting agenda.
. Attend City Council meetings, in person. or through another commissioner as designee, as needed to
represent the commission, board, or committee with the approval ofthe commission, board, or committee.
. Sign correspondence from the commission with the approval of the City CounciL
The effective chairperson also, during meetings:
. Solicits opinions and positions from reticent commission members.
. Protects new thoughts from being rejected prior to fair evaluation.
. Discourages blame-orientated statements.
. Keeps the discussion focused on the issue.
. Builds trust by even handedness and fairness to all the participants.
Responsibilities of the Vice Chair:
. Substitute for the Chair as needed.
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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 ofthe 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 serve in a liaison capacity with one or more city commissions. The
purpose of the liaison assignment is to facilitate communications between the City Council and the advisory body.
The liaison also helps to increase the Council's familiarity with the membership, programs, and issues of the
advisory body. In fulfilling their liaison assignment, Council Members may elect to attend commission meetings
periodically to observe the activities of the advisory body, or simply maintain communications with the commission
chair or 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
Minutes of each meeting of a city commission are usually recorded by city staff. The minutes serve as a permanent
record of the group's actions, testimony, and opinions and they are forwarded to the City Council as input and
background for Council decisions. Generally, a member of a commission making a recommendation will be
available to the Council when such input is given.
There are three types of minutes ~ Action A1inutes: reflect the motion, the maker, and second; Summwy Minutes:
reflect the above action plus a brief summary of the discussion; and Detailed Minutes: reflect actions plus a record
of the entire discussion. The city of 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, Com cast provides the city with a channel on the
local cable television system as a means for providing municipal information to the citizens of Maplewood. By
direction of the City Council, meetings of the City Council, the Planning Commission, and other standing
commissions are televised on a regular basis.
to See Minn. Stat. S 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 approval in a public meeting.
The subcommittee may not be composed of a quorum of the members of that board, commission, or committee.
Subcommittee meetings for continuing or "standing" subcommittees are not considered public meetings for
purposes of the Minnesota Open 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:
1. 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
Maplewoodts City Commissions follow a modified version of Rosenberg's Rules of Order, Simple Parliamentary
Procedures for the 21st Century, as adopted by the City Council. The adoption of rules was undertaken to simplifY
procedures. A scaled-down and modified version is appropriate for commissions. A copy of these Procedures
appear in tbe 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 m.yority 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 lawY 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 fOlm in the appendix oftbis handbook.
Steps in making, discussing and voting on a motion:
II See Minn. Stat. S 645.08(5),
12 See Official Conflict of Interest 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 wi-ll be. Spirited discussion helps to answer questions and explore different interpretations and/or
impacts of the motion.
6. At the end of the discnssion period the Chair will "call for the qnestions" 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 removed from office by the City Council?
Members of board, commissions, and committees serve at the pleasure of the City Council and can be removed
from office at any time, without cause, by majority vote of the Council.
Legal Issues
There are many local, state, and federal laws protecting the democratic process practiced at the municipal level. City
commissions must abide by the same regulations as the City Council.
There are several legal issues of which members of city commissions should be mindful in fulfilling their roles and
responsibilities in municipal govermnent. 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 Conncil. Whenever a qnorum
(majority) of the City Council or a commission is discussing city business, it isa meeting as defined by the Open
Meeting Law.13 Proper advance notice must be given of such meetings,14 and the meetings must be open to the
public. 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 13D.04.
15 Minn. Stat. S 13D.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 Open Meetine- 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 (affirmatively).
Similarly, a conflict of interest would occur if a commissioner were to vote on a zoning variance for his or her own
property.
Whenever a member of a city board, commission, or committee believes that there may be a conflict of interest, he
or she should seek an opinion from the City Attorney. At any time, it is safest to err on the conservative side and to
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.
e 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 ofthe 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 coming before the commission, the member should do so without making voting
decisions or commitments. Equal opportunities and due process must be extended to all parties in matters
under consideration. Commissioners shall disclose such contacts at the commission meeting when the item
is discussed.
18
Frequently-Asked Legal Questions
Maya member of a ci(v 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 [mancial conflict of interest, he or
she must disclose the nature of the conflict and follow the appropriate procedures as previously outlined in this
handbook. In all cases, abstentions should be made to ensure the fair, impartial deliberation process by the board,
commission, or committee.
If a member of a city commission misses all or part of a meeting in which information is presented, can that
member vote on that issue?
Absence does not automatically disqualifY the member from participating in a vote on an issue. If the member
misses all or part of the proceeding in which information about the issue was presented, the member can become
familiar with the record of the meeting by means such as reading the minutes, studying staff reports, or viewing the
recorded version of the meeting.
Who decides if a member can vote?
In order to vote on an issue considered in a previous meeting, a member should state for the record that he/she has
reviewed either a meeting recording, the minutes, or staff report and considered all portions of the issue. The
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. If you have a concern about staff performance, it
should be brought privately to the City Manager.
. Don't ask city staff to perform tasks or share information outside the role as liaison.
20
Dealing with the Media
Most members of city commissions have limited contact with the news media. However, there may be situations in
which a member of the media may contact you for comment on an issue.
. 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 embarrassment. Words that are not said cannot be quoted.
. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be cautious
about humor, sardonic asides, criticism, sarcasm, or word play.
21
Chapter 6:
Commission Policy Guidelines
Recruitment Policy
City of Maplewood will advertise in the local newspaper, the city's channel on cable TV, and the city web page.
Applications will be kept on file for a period of two years. Applicants will be contacted to ensure their continued
interest before submittal to the City Council for appointments.
Application deadlines are established to allow the City Council time to review the applications. Applications will be
accepted up to 5 p.m. one week prior to appointment by City Council.
Appointments
All commissions/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 determination of city policies.
The specific role of a City of Maplewood commission is that of citizen's advisory "ann" of the City Council,
focusing attention on specific planning and program activities of the city. On specific matters referred to them by
the City Council, commissions serve as the reviewing body of the city. All recommendations, however, are subject
to approval and 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 formed, there are certain responsibilities that are common to all commission members. The following is a
summary of those responsibilities:
(I) Abide by the Minnesota Open Meeting Law. All members have received the full text of the Open Meeting Law.
Once a commission member has been sworn in as a member of a commission, he or she must comply with the
requirements of the Open Meeting Law.
(2) Understand the role and scope of responsibility of the commission on which you serve. Be 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 ofthe commission's recommendation.
(7) Supportive relationships with the City Council and city staff are basic requirements for successful operation of
any commission. In contacting city personnel on items of consideration, the proper channel is through the
designated 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-official, non-representative capacity before any public or private
body, the member shall not identify or disclose his/her membership on a commission. If a question of membership
arises, the member shall indicate that he/she is speaking only as an individual.
Quorum
Business may only take place at special or regular meetings if a quorum of the commission members is present. A
quorum constitutes a majority of the voting membership. A meeting shall be canceled by the chair after 15 minutes
if a quorum is not obtained, and an alternative date and time scheduled.
Qualifications
(a) A commission member must be knowledgeable of and experienced in the areas of interest of the
commission on which he/she wishes to serve.
(b) Unless otherwise stated by the City Council, terms of office on most commissions are 2-3 years for regular
members.
(c) All must be residents of the City of Maplewood proper; however, exceptions can be made for exceptional
circumstances on a case-by~case basis.
(d) No person should serve on more than one cornmlSSlon at a time. However, individuals with special
qualifications may be asked to serve on an additional comm'ission.
(e) City commissions should reflect the community's diversity.
Decorum and Order
Members should accord the utmost courtesy to each other, to city employees, and to the public appearing before the
commission, and should refrain at all times from (I) rude and derogatory remarks, (2) questioning the integrity of
the speaker, (3) abusive comments, (4) statements about the member's personal feelings about the speaker's
motives, and (5) personal attacks. Any member may move to require the chairperson to enforce the commission
rules; the affirmative vote of a majority of the commission will require the chairperson to so act. Members of the
public attending commission meetings are expected to observe the same rules of order and decorum applicable to
members. Any person making impertinent and slanderous remarks, or who becomes boisterous while addressing the
commission, or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison.
Public Hearings
Commissions should consult tbe 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 plmming 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
Demand on staff time should be limited to official meetings. The staff liaison role includes orienting and helping
train new members, facilitating meetings and hearings, providing necessary documents, providing information
regarding rules and regulations, preparing and presenting reports to the commission, and answering any questions
that may arise at meetings.
The staff liaison 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 infonnation and
reference:
. Sample Agenda
. Sample Minutes
. Rosenberg1s Rules of Order
. Text ofthe Open Meeting Law
. Minnesota Open Meeting Law (House Research Information Brief)
. Official Conflict of Interest (LMC Information Memo)
25
It. CAli. TO ORDER
COMMISSIOH
ME AND DATE)
I'lIiil Chambers
'Meelil'lg No_
8.. ROLL CAli.
C. APPROVAL Of AGEHDA
D. APPROVAL Of MINUTES
E. NEWBUSJNESS
f. UNFHSHED BUSINESS
G. V15HOR PRESENJAllONS
II. COftllllSSiICIN PRESENTATIDHS
I. STAff PRESENTAl10NS
J. ADJOURNMENT
26
MAP
COMMISSION
'Ilgame lII1d time)
Cl"laimbers, C~ Hall
Meeling No'_
A. CALL TO ORDER
A meeling of:!he was heIId illlfle City Half C{JIJI"lCiI Chllll"ll:lers ami was called to
orner at _ pm. 'by ChaiT
B. ROLLCALL
C. APPROVAL OF AGENDA
Member
mo\le!"l m 'l~ ifill ~8 (as 1I1.lbll1ifiedJ {M all"l!el1ldecl)
Ayes -
Secooded by Member
"The moOOrI.plIS'Sed.
D. APPROVAL OF MINUTES
Member
{>'.Is amendedJ
moved to ~pmve the flig in dale~ Meetioo MimItes {M ..lhrnilmrl)
5erom:led by Member
Ayes -
"The molionpused.
E. NEW BUSINESS
E UNFINISHED BUSINESS
G. VISITOR PRESENTATIONS
H. COMMISSION PRESENTATIONS
I. STAFF PRESENTATIONS
J. ADJOURN
Chair
~umed:!he meeting 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. Unfortunately,
that hasn't always been the case. Virtu-
ally all dubs, associations, boards, coun-
cils and bodies follow a set of rules,
Roberts Rules olOrder, 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 you are
running the British Parliament, Roberts
Rules of Order is a dandy and quite use-
ful handbook. On the othet hand, if
you're running a meeting of a five-
member body with 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. Rules should establish order. The
first purpose of the rules of parlia-
mentary procedure is to establish a
framework for the orderly conduct
of meetings.
2. Rules should be clear. 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. Rules should be user-friendly. That
is, the rules must be simple enough
that citizens feel they have been able
to participate in the process.
4. Rules should 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 r'esult,
while permitting the minority to also
express itself (but not dominate) and
fully participate in the process.
The Chairperson Should Take a
Back Seat During Discussions
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-
bet 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 malce 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 the
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 item, including
any recommendation they might have.
The appropriate person may be the
chair, a member of the governing body,
www.cacities.org 1
Rosenberg's Rules of 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 they 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 annOWlce 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
with consideration and a vote on eKe
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
make sure everyone understands the
motion by repeating it.
Motions are made in a simple two-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 heIp every-
one focus on the motion before them.
2. Suggesting a motion to the members:
''A motion would be in order that we
give lO-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 puts 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 tvofO 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 puton 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 fundraiser." And per-
haps, during that discussion, a member
makes yet a third motion as a "substitute
motion that we not have an annual
fundraiser this year." The proper proce-
dure would be as follows.
Rosenbergs 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 rhe body wish to discuss an item, sub-
jecr 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-
ately call 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 tbe body will bave
to be taken 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 "1
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 tbe ability of a minority of tbe 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 Hoor 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,
~~ if passed, precludes the body from
evert 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 club)
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 to 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 time.
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 time to have
the Roor, and it is always best for every
Rosenbergs Rules of 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, ifpassed.
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 all9tted to speakers, including
members of the body. Can a member of
the body interrupt the speaker? The
general rule is no. There are, however,
exceptions. A speaker may be interrupt-
ed for the following reasons:
Privilege. The proper interruption
would be: "Point of privilege." The chair
would then ask the interrupter to "state
your point." Appropriate points of privi-
relate to anything that would not be
considered appropriate conduct of the
meeting; for example, if the chair moved
on to a vote on a motion that permits
debate without allowing that discussion
or debate.
Appeal. If the chair makes a ruling that
a member of the body disagrees with,
that member may-appeal the ruling of
the chair. If the motion is seconded and
after debate, if it passes by a simple
majority vote, then the ruling of the
chair is deemed reversed.
Call for orders of the day.. This is sim-
ply another way of saying, "Let's return
to the agenda." If a member believes that
the body has drifted from the agreed-
upon agenda, such a call may be made.
It does not require a vote, and when the
chair discovers that the agenda has not
been followed, the chair simply reminds
the body to return to the agenda item
properly before them. If the chair fails
to do so, the chair's determination may
be appealed.
Withdraw a motion. During debate
and discussion of a motion, the maker
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 malce 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 Thtee: 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. Fm
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1
MINNESOTA STATUTES 2009
13 D.oI
Meetings of Pnblic Bodies
CHAPTER 13D
OPEN MEETING LAW
13D.OI MEETINGS MUST BE OPEN TO TIm PUBLIC; 13D.04
EXCEPTIONS.
13D.05
t3D.015 MEETINGS BY 1ELEPHONE OR ornER
ELECTRONIC MEANS.
130,06
t3D,02 MEETINGS CONDUCTED BY IN1ERACTlVE TV;
CONDITIONS,
13D.07
13D.021 MEETINGS BY 1ELEPHONE OR OTIIER
ELEC1RONIC MEANS; CONDITIONS.
13D.03 CLOSED MEETINGS FOR LABOR
NEGOTIATIONSSTRA1EGY
NOTtCE OF MEETINGS.
MEETINGS HAVING DATA CLASSIFIED AS NOT
PUBLIC.
CtVIL FINES; FORFEITURE OF OFFICE; OTIIER
REMEDIES.
CITATION.
13D.Ol MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS.
Subdivision 1. In executive branch, local government. All meetings, including executive
sessions, must be open to the public
(a) ofa state
(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 teITitory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
(c) ofany
(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
I3D.OI
(5) commission,
of a public body; and
(d) of the governing body or a committee of:
(I) a statewide public pension ptan 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 it is exercising quasi-judicial functions
involving disciplinary proceedings; or
(3) as otherwise expressly provided by statute.
Subd. 3. Subject of and grounds for closed meeting. Before closing a meeting, a public
body shall state on the record the specific grounds permitting the meeting to be closed and
describe the subject to be discussed.
Subd. 4. Votes to be kept in journal. (a) The votes of the members of the state agency,
board, commission, or department; or of the governing body, committee, subcommittee, board,
department, or commission on an action taken in a meeting required by this section to be open to
the public must be recorded in a journal kept for that purpose.
(b) The vote of each member must be recorded on each appropriation of money, except for
payments of judgments, claims, and amounts fixed by statute.
Subd. 5. Public access to journal. The journal must be open to the public during all normal
business hours where records of the public body are kept.
Subd. 6. Public copy of members' materials. (a) In any meeting which under subdivisions
1,2,4, and 5, and section I3D.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 dire<;tion
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 materials relating to the agenda items of a closed meeting held in
accordance with the procedures in section 13D.03 or other law permitting the closing of meetings.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c
680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27;
1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s
39; 1997 c 154 s 2; 1Sp2001 c 10 art 4 s 1
13D.015 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.
Subdivision 1. Application. This section applies to:
(1) a state agency, board, commission, or department, and a statewide public pension plan
defined in section 356A.OI, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in
clause (1).
Subd. 2. Conditions. An entity 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 entity participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the entity can hear all
discussion and all votes of members of the entity and participate in testimony;
(3) at least one member of the entity is physically present at the regular meeting location;
and
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
Subd. 3. Quorum; participation. Each member of the entity participating in a meeting
by telephone or other electronic means is considered present at the meeting for purposes of
determining a quorum and participating in all proceedings.
Subd. 4. Monitoring from remote site; costs. If telephone or another electronic means
is used to conduct a meeting, the entity, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The entity may require the person making a
connection to pay for documented marginal costs that the entity incurs as a result of the additional
connection.
Subd. 5. Notice. If telephone or another electronic means is used to conduct a regular,
special, or emergency meeting, the entity shall provide notice of the regular meeting location,
Copyright ~ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
4
MINNESOTA STATUTES 2009
130.02
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 130.04. 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 130.01, subdivisions 1,2,4,
and 5, and this section may be conducted by interactive television so long as:
(1) all members of the body participating in the meeting, wherever their physical location,
can hear and see one another and can hear and see all discussion and testimony presented at any
location at which at least one member is present;
(2) members of the public present at the regular meeting location of the body can hear and
see all discussion and testimony and all votes of members ofthe body;
(3) at least one member of the body is physically present at the regular meeting location; and
(4) each location at which a member of the body is present is open and accessible to the
public.
Subd. 2. Members are present for quorum, participation. Each member of a body
participating in a meeting by electronic means is considered present at the meeting for purposes
of determining a quorum and participating in all proceedings.
Subd. 3. Monitoring from remote site; costs. If interactive television is used to conduct
a meeting, to the extent practical, a public body shall allow a person to monitor the meeting
electronically from a remote location. The body may require the person making such a connection
to pay for documented marginal costs that the public body incurs as a result of the additional
connection.
Subd. 4. Notice of regular and all member sites. If interactive television is used to
conduct a regular, special, or emergency meeting, the public body shall provide notice of the
regular meeting location and notice of any site where a member of the public body will be
participating in the meeting by interactive television. The timing and method of providing notice
must be as described in section 130.04.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s
1,3; 1975 c 271 s 6; 1981 c174 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 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.OI,
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 meeting conducted under section
13D.02 is not practical or prudent because of a health pandemic or an emergency declared under
chapter 12;
(2) all members of the body participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(3) members ofthe public present at the regular meeting location of the body can hear all
discussion and testimony and all votes of the members of the body, unless attendance at the
regular meeting location is not feasible due to the health pandemic or emergency declaration;
(4) at least one member of the body, chief legal counsel, or chief administrative officer is
physically present at the regular meeting location, unless unfeasible due to the health pandemic or
emergency declaration; and
(5) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
Subd. 2. Members are present for qnorum, participation. Each member ofthe 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 lqcation. The body may require the person making a
connection to pay for the documented additional cost that the body incurs as a result of the
additional connection.
Subd. 4. Notice of regular and all member sites. If telephone or another electronic means
is used to conduct a regular, special, or emergency meeting, the public body shall provide notice
of the regular meeting location, of the fact that some members may participate by tetephone
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@ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
6
MINNESOTA STATUTES 2009
13D.04
13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY.
Subdivision 1. Procedure. (a) Section 13D.Ol, subdivisions 1,2,4,5, and section 13D.02
do not apply to a meeting held pursuant to the procedure in this section.
(b) The governing body 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 negotiation proposals, conducted
pursuant to sections 179A.Ol to 179A.25.
(c) The time of commencement and place of the closed meeting shall be announced at
the public meeting.
(d) A written roll of members and all other persons present at the closed meeting shall be
made available to the public after the closed meeting.
Subd. 2. Meeting must be recorded. (a) The proceedings of a closed meeting to discuss
negotiation strategies shall be tape-recorded at the expense of the governing body.
(b) The recording shall be preserved for two years after the contract is signed and shall
be made available to the public after all labor contracts are signed by the governing body for
the current budget period.
Subd. 3. Uviolation 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 hetd 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 c 123 art 5 s 7; 1973 c 654s 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 c319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
13D.04 NOTICE OF MEETINGS.
Subdivision 1. Regular meetings. A schedule of the regular meetings of a public body
shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a
time or place different from the time or place stated in its schedule of regular meetings, it shall
Copyright ~ 2009 by the Revisor of Statutes, State of Milmesota. All Rights Reserved.
7
MINNESOTA STATUTES 2009
13D.04
give the same notice ofthe meeting that is provided in this section for a special meeting.
Subd. 2. Special meetings. (a) For a special meeting, except an emergency meeting or a
special meeting for which a notice requirement is otherwise expressly established by statute, the
public body shall post written notice of the date, time, place, and purpose of the meeting on the
principal bulletin board of the public body, or if the public body has no principal bulletin board,
on the door of its usual meeting room.
(b) The notice shall also be mailed or otherwise detivered 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 request to
notification of meetings concerning particular subjects, in which case the public body is required
to send notice to that person only concerning special meetings involving those subjects.
(e) A public body may establish an expiration date for requests for notices of special
meetings pursuant to this subdivision and require refiling of the request once each year.
(f) Not more than 60 days before the expiration date of a request for notice, the public body
shall send notice of the refiling requirement to each person who filed during the preceding year.
Subd. 3. Emergency meetings. (a) For an emergency meeting, the public body shall make
good faith efforts to provide notice of the meeting to each news medium that has filed a written
request for notice ifthe request includes the news medium's telephone number.
(b) Notice of the emergency meeting shall be given by telephone or by any other method
used to notify the members of the public body.
(c) Notice shall be provided to each news medium which has filed a written request for
notice as soon as reasonably practicable after notice has been given to the members.
(d) Notice shall include the subject of the meeting. Posted or published notice of an
emergency meeting is not required.
(e) An "emergency" meeting is a special meeting called because of circumstances that, in
the judgment of the public body, require immediate consideration by the public body.
(f) If matters not directly related to the emergency are discussed or acted upon at an
emergency meeting, the minutes of the meeting shall include a specific description of the matters.
Copyright @ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
8
MINNESOTA STATUTES 2009
I3D.05
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(g) The notice requirement of this subdivision supersedes any other statutory notice
requirement for a special meeting that is an emergency meeting.
Subd. 4. Recessed or continued meetings. (a) If a meeting is a recessed or continued
session of a previous meeting, and the time and place of the meeting was established during
the previous meeting and recorded in the minutes of that meeting, then no further published or
mailed notice is necessary.
(b) For purposes of this subdivision, the tenn "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
the state:
(I) the notice requirements of this section apply only if a statute governing meetings of
the agency, board, or commission does not contain specific reference to the method of providing
notice; and
(2) all provisions ofthis section relating to publication are satisfied 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 c462 s 1; 1973 c 123 art 5 s 7; 1973 c 654s 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 c313
s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c319 s 22; 1994 c 618 art 1 s39; 1997 c154 s 2
13D.05 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC.
Subdivision I. General principles. (a) Except as provided in this chapter, meetings may
not be closed to discuss data that are not public data.
(b) Data that are not public data may be discussed at a meeting subject to this chapter
without liability or penalty, if the disclosure relates to a matter within the scope of the public
body's authority and is reasonably necessary to conduct the business or agenda item before
the public body.
(c) Data discussed at an open meeting retain the data's original classification; however, a
record ofthe meeting, regardless of fonn, shall be public.
Copyright <9 2009 by the Revisor of Statutes; State of Mirmesota. All Rights Reserved.
9
MINNESOTA STATUTES 2009
13D.05
(d) All closed meetings, except those closed as permitted by the attorney-client privilege,
must be electronically recorded at the expense of the public body. Unless otherwise provided by
law, the recordings must be preserved for at least three years after the date of the meeting.
Subd. 2. When meeting 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:
(l) data that would identify alleged victims or reporters of criminal sexual conduct,
domestic abuse, or maltreatment of minors or vulnerable adults;
(2) active investigative data as defined in section 13.82, subdivision 7, or internal affairs
data relating to allegations of law enforcement personnel misconduct collected or created by a
state agency, statewide system, or political subdivision;
(3) educational data, health data, medical data, welfare data, or mental health data that are
not public data under section 13.32, 13.3805, subdivision 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 to its authority. If the members conclude that
discipline of any nature may be warranted as a result of those specific charges or allegations,
further meetings or hearings relating to those specific charges or allegations held after that
conclusion is reached must be open. A meeting must also be open at the request of the individual
who is the 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 identify the
individual to be evaluated prior to closing a meeting. At its next open meeting, the public body
shall summarize its conclusions regarding the evaluation. A meeting must be open at the request
of the individual who is the subject of the meeting.
(b) Meetings may be closed if the closure is expressly authorized by statute or permitted by
the attorney-client privilege.
(c) A public body may close a meeting:
(l) to determine the asking price for real or personal property to be sold by the government
entity;
(2) to review confidential or nonpublic appraisal data under section 13.44, subdivision 3; and
(3) to develop or consider offers or counteroffers for the purchase or sale of real or personal
property.
Before holding a closed meeting under this paragraph, the public body must identify on
the record the particular real or personal property that is the subject of the closed meeting. The
Copyright <0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
10
MINNESOTA STATUTES 2009
13D.06
proceedings of a meeting closed under this paragraph must be tape recorded at the expense of
the public body. The recording must be preserved for eight years after the date of the meeting
and made available to the public after all real or personal property discussed at the meeting has
been purchased or sold or the governing body has abandoned the purchase or sale. The real or
personal property that is the subject of the closed meeting must be specifically identified on
the tape. A list of members and all other persons present at the closed meeting must be made
available to the public after the closed meeting. If an action is brought claiming that public
business other than discussions allowed under this paragraph was transacted at a closed meeting
held under this paragraph during the time when the tape is not available to the public, section
13D.03, subdivision 3, applies.
An agreement reached that is based on an offer considered at a closed meeting is contingent on
approval of the public body at an open meeting. The actual purchase or sale must be approved
at an open meeting after the notice period required by statute or the governing body's internal
procedures, and the purchase price or sale price is public data.
(d) Meetings may be closed to receive security briefings and reports, to discuss issues
related to security systems, to discuss emergency response procedures and to discuss security
deficiencies in or recommendations regarding public services, infrastructure and facilities, if
disclosure of the information discussed would pose a danger to public safety or compromise
security procedures or responses. Financial issues related to security matters must be discussed
and all related financial decisions must be made at an open meeting. Before closing a meeting
under this paragraph, the public body, in describing the subject to be discussed, must refer to the
facilities, systems, procedures, services, or infrastructures to be considered during the closed
meeting. A closed meeting must be tape recorded at the expense of the governing body, and the
recording must be preserved for at least four years.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680
s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c
313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 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
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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 actions brought under this chapter involving
the same governing body, such person shall forfeit any further right to serve on such governing
body or in any other capacity with such public body for a period of time equal to the term of
office such person was then serving.
(b) The court determining the merits of any action in connection with any alleged third
violation shall receive competent, relevant evidence in connection therewith and, upon finding as
to the occurrence of a separate third violation, unrelated to the previous violations, issue its order
declaring the position vacant and notify the appointing authority or clerk of the governing body.
(c) As soon as practicable thereafter the appointing authority or the governing body shall
fill the position as in the case of any other vacancy.
Subd. 4. Costs; attorney fees; requirements; limits. (a) In addition to other remedies, the
court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000
to any party in an action under this chapter.
(b) The court may award costs and attorney fees to a defendant only if the court finds that
the action under this chapter was frivolous and without merit.
(c) A public body may pay any costs, disbursements, or attorney fees incurred by or
awarded against any of its members in an action under this chapter.
(d) No monetary penalties or attorney fees may be awarded against a member of a public
body unless the court finds that there was an intent to violate this chapter.
(e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought
an action under this section if the public body that is the defendant in the action was also the
subject of a prior written opinion issued under section 13.072, and the court finds that the opinion
is directly related to the cause of action being litigated and that the public body did not act in
conformity with the opinion. The court shall give deference to the opinion in a proceeding
brought under this section.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c
680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27;
1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s
39; 1997 c 154 s 2; 2008 c 335 s 2
Copyright @ 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
12
MINNESOTA STATUTES 2009
13D.07
13D.07 CITATION.
This chapter may be cited as the "Minnesota Open Meeting Law."
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s
1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313
s 1; 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 Lawl 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 taken at a secret meeting where it is impossible
for the interested public to become fully informed about a public board's
decisions or to detect improper influences
. To assure the public's right to be informed
. To afford the public an opportunity to present its views to the public body'
This information brief discusses the groups and types of meetings covered by the
open meeting law, and then reviews the requirements of and exceptions to the law
and the penalties for its violation.
Contents
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................................ ................................................................................ .11
Adv ice .... .......... ...................... ......................... .............................................. ........ .12
1 Minn. Stat. ch. 13D (recoded from Minn. Stat. S 471.705 in 2000). The Minnesota Open Meeting Law was
originally enacted in Laws 1957, chapter 773, section 1.
2 Prior Lake American v. Mader, 642 N.W.2d 729, 735 (Minn. 2002) (citing St. Cloud Newspapers, Inc. v.
District 742 Community Schools, 332 N.W.2d I, 4 (Minn. 1983)). While the courts consistently say that the open
meeting law is to afford the public an opportunity to present its views to the public body, there is no general right for
members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specifY that a
hearing on a particular matter must be held at which anyone who wishes to address the public body may do so. See,
e,g., Minn. Stat. S 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.
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Minnesota Open Meeting Law
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Page 2
Groups and Meetings Governed by the Open Meeting Law
The law applies to all levels of state and local government.
The open meeting law applies to:
. a state agency, board, commission, or department when it is required or permitted by law
to transact public business in a meeting;
. the governing body of any school district, unorganized territory, county, city, town, or
other public body;
. a committee, subcommittee, board, department, or commission of a public body subject
to the law; and
. the governing body or a committee of a statewide or local public pension plan.'
"Public body" is not defined but the Minnesota Supreme Court has stated that "[i]n common
understanding, 'public body' is possibly the broadest expression for the category of
governmental entities that perform functions for the public benefit.'"
In determining whether the open meeting law applies to a particular entity, one should look at all
ofthe entity's characteristics. For example, in a 1998 case, the Minnesota Supreme Court held
that because the statute authorizing creation of a municipal power agency authorized an agency
to conduct its affairs as a private corporation, it could hold closed meetings.' The court held so
notwithstanding the statute that provides for municipal power agencies to be political
subdivisions of the state.'
The open meeting law and the Government Data Practices Act apply to the University of
Minnesota Board of Regents, and the application ofthese laws to the university does not violate
the university's constitutional autonomy.'
, Minn. Stat. !l13D.oJ, subd. 1.
, Star Tribune CO. V. University of Minnesota Board of Regents, 683 N.W.2d 274, 280 (Minn. 2004).
'Southern Minn. Mun. Power Agencyv. Boyne, 578 N.W.2d 362, 364 (Miuu. 1998) (citiug Minn. Stat.!l
453.54, subd. 21, and discussing the factors that distinguish a public corporation from a private corporation).
'Minn. Stat. !l453.53, subd. 1,11 (I) (The agency agreement shall state: "(1) That the municipal power agency
is created and incorporated. .. as a municipal corporation and a political subdivision of the state, to exercise
thereunder a part of the sovereign powers of the state;").
, 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.
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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 that the open meeting law applies only to a quorum or
more of members of the governing body or a committee, subcommittee, board, department, or
commission of the governing body.1O Serial meetings in groups ofless than a quorum held in
order to avoid open meeting law requirements may also be found to be a violation, depending on
the facts of the case. 11
A public body subject to the law should be cautious about using e-mail to communicate with
other members of the body. Although the statute does not specifically address the use of e-mail,
it is likely that the court would analyze use of e-mail in the same way as it has telephone
conversations and 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
intent to avoid a public hearing or to come to an agreement on an issue relating to official
business could also violate the law.
In a 1993 case, the Minnesota Court of Appeals held that the open meeting law was not violated
when two of five city council members attended private mediation sessions related to city
8 E.g., Minn. Stat. ss 62Q.03, subd. 6 (Minnesota Risk Adjustment Association); 1160.03, subd. 5 (Minnesota
Technology, Inc.); 116V.0 1, subd. 10 (Agricultural Utilization Research Institute); 116S.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, S 2, subd. 6 (Lake Superior Center Authority).
9 Minn. Stat. S 465.719, subd. 9 (enacted by Laws 2000, ch. 455, art. I, S 2, subd. 9). A 1986 attorney general
opinion stated that the open meeting law did not apply to nonprofit corporations created by political subdivisions.
Op. Att'y Gen. 92a-30, Jan. 29,1986. The 1999 Legislature established a task force to recommend legislation in
2000, governing corporations created by political subdivisions. Laws 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).
11 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.
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Page 4
business. The court determined that the two council members did not constitute a committee or
subcommittee of the council because the group was not capable of exercising decision-making
powers.13
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 Minnesota Cities
training 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
ofthe 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 gatherings of members of a public
body.l? However, a quorum ofa 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.I'
The law does not apply to certain types of advisory gronps.
The Minnesota Court of Appeals has held that the open meeting law does not apply to certain
types of advisory groupS.19 In that case, a presidential search advisory committee to the
University of Minnesota Board of Regents was held not to be a committee ofthe 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 the committee had no power to set policy or make
a final decision. It is not clear if a court would reach the' same result if members of the
governing body were also on the advisory committee. Depending on the number of members of
the governing body involved and on the form of the delegation of authority from the governing
13 Sovereign v. Dunn, 498 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 Op. Att'y Gen. 63a-5, Feb. 5, 1975.
16 Minn. Stat. S 1 16P.08, subd. 5 ("(a) Meetings of the commission, committees or subcommittees of the
commission, techni~al 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 I and 2." (emphasis added)).
17 St. Cloud Newspapers, Inc., 332 N.W.2d at 7.
I' Moberg, 336 N.W.2d at 518.
19 The MinnesotaDaily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988).
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body to the members, a court might consider the advisory committee to be a committee of the
governing body.
A separate law applies to the legislature.
In 1990, the legislature passed a law separate from the open meeting law that requires all
legislative meetings be open to the public.20 The law applies to House and Senate floor sessions
and to meetings of committees, subcommittees, conference committees, and legislative
commissions. For purposes of this law, a meeting occurs when a quorum is present and action is
taken regarding a matter within the jurisdiction ofthe group. Each house of the legislature must
adopt rules to implement these requirements. Remedies provided under these rules are the
exclusive means of enforcing this law.
Requirements of the Open Meeting Law
The primary requirement of the open meeting law is that meetings be open to the public.
The law also requires that votes in open meetings be recorded in a journal and that the journal be
open to the public. The vote of each member must be recorded on appropriations of money,
except for payments of judgments and claims and amounts fixed by statute.21 A straw ballot to
narrow the list of candidates for city administrator and not made public was held to be a secret
vote in violation of the open meeting law."
Open meetings must be held in a public place within the borders ofthe 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.24
Specific agencies have broader authority to hold meetings by telephone conference call or other
electronic means as long as specified conditions are met to ensure openness and accessibility for
those who wish to attend. In addition, a meeting of any public body may be conducted by
telephone or other electronic means if a health pandemic or other emergency makes meeting in
person impractical or imprudent and all of the same conditions as for other meetings held by
telephone conference call or other electronic means are met, unless unfeasible due to the
pandemic or emergency. In general, those conditions include the following:
20 Minn. Stat. S 3.055 (added by Laws 1990, ch. 608, art. 6, S 1).
21 Minn. Stat. S 13D.OI, snbds. 4 and 5.
22 Mankato Free Press Co., 563 N.W.2d at 295-96.
23 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, snbd. 2 Goint powers board for educational purposes).
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. 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 administrative officer is
present at the regular meeting location
. All votes are conducted by roll call
. The public body must allow a person to monitor the meeting electronically from another
location. The body may require the person to pay for any documented additional costs
the body incurs as a result of the additional connection
. The public body must give notice of the regular meeting location, ofthe fact that some
members may participate by telephone or other electronic means, and of the right of the
public to monitor the meeting from another location"
The law requires public bodies to give notice of their meetings.
In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation
of the open meeting law." The court has also hetd that it is a violation of the open meeting law
to conduct business before the time publicly announced for a meeting."
In 1987, the legislature spelled out the notice requirements in statute for regular, special,
emergency, and closed meetings. Public bodies must do the following:
. Keep schedules of regular meetings on file at their offices28
. Post notice of special meetings (meetings held at a time or place different for regular
meetings) on their principal bulletin board. The public body must also either mail notice
to people who have requested such mailings, or publish notice in the official newspaper,
at least three days before the meetings"
"Minn. Stat. 99 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);
4IB.026 (Rural Finance Agency); 116J.68, subd. 5 (SmalJ Business Development Center Advisory Board); 116L.03,
subd. 8 (Minnesota Jobs SkilJs Partnership Board); 116L.665, subd. 2a (Governor's Workforce Development
Council); 116M.15, subd. 5 (Urban Initiative Board); 116U.25 (Explore Minnesota Tourism Council); 129C.l05
(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.041 (Minnesota Housing Finance Agency).
" Sullivan V. Credit River Township, 217 N.W.2d 502 (1974).
" Merz V. Leitch, 342 N.W.2d 141, 145 (Minn. 1984).
28 Minn. Stat. 9 13D.04, subd. I (9 13D.04, previously 9 471.705, subd. Ie, was added by Laws 1987, ch. 313,
91).
29 Minn. Stat. 9 13D.04, subd. 2; Rupp v. Mayasich, 533 N.W.2d 893 (Minn. App. 1995) (bulJetin board must
be reasonably accessible to the public). A February 3, 2004, advisory opinion by the Commissioner of
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. Make good faith efforts to notify news media that have filed written requests (with
telephone numbers) for notice of emergency meetings (special meetings called because of
circumstances that require immediate consideration)"
The same notice requirements apply to closed meetings.3!
For state agencies, absent any other specific law governing notice, publication requirements can
be satisfied by publishing notice in the State Register.32
The law requires relevant materials to be pnblicly available.
The open meeting taw 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 of the public body also
be available in the meeting room for inspection by the public. This requirement does not apply
to materials that are classified as other than public under the Government Data Practices Act.33
Exceptions to the Open Meeting Law
A closed meeting, except one closed under the attorney-client privilege, must be electronically
recorded at the expense of the public body. Unless otherwise provided by taw, 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 taw 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." lfthe members ofthe public body conclude that
discipline may be warranted as a result of those charges, further meetings or hearings relating to
Administration stated that a public body's actions at a special meeting are limited to those topics included in the
notice of special meeting. Minnesota Department of Administration Advisory Opinion 04-004.
30 Minn. Stat. S 13D.04, subd. 3.
3! Minn. Stat. S 13D.04, subd. 5.
32 Minn. Stat. S 13D.04, subd. 6.
33 Minn. Stat. S 13D.OJ, subd. 6.
34 Minn. Stat. S 13D.05, subd. I, cl. (d).
"Minn. Stat. S 13D.OI, subd. 2 (2); see also Zahavy v. University of Minnesota, 544 N.W.2d 32, 41-42 (Minn.
App. J 996).
36 Minn. Stat. S 13D.05, subd. 2 (b).
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the charges must be open.
subject of the 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.37
A public body may close a meeting to evaluate the performance of an individual who is subject
to its authority.38 Before closing a meeting, the public body must identify the individual to be
evaluated. The public body must summarize the conclusions of the evaluation at its next open
meeting. An evaluation 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 negotiations.
The open meeting law permits a public body to hold a closed meeting to discuss strategy and
proposals for labor negotiations conducted under the Public Employment Labor Relations Act.40
The statute specifies procedures for tape-recording of these meetings, and for the recordings to
become public when negotiations are completed.4l Another law permits the Commissioner ofthe
Bureau of Mediation Services to close negotiations and mediation sessions between public
employers and public employees. These negotiations are public meetings, unless the
commissioner closes them."
The law permits closed meetings based on a limited attorney-client privilege.
In 1976, the Minnesota Supreme Court held that there is'a limited exception, based on the
attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation.43
In 1990, the legislature added the attorney-client exception to the open meeting law." Although
the statute is not limited, the court has since held that the scope of the exception remains limited
in relation to the open meeting law."
37 Minn. Stat. S 122A.4I, subd. 9.
38 Minn. Stat. S I3D.05, subd. 3(a).
"Minn. Stat. S 13D.05, subd. 2.
40 Minn. Stat. S I3D.03, subd. 1.
4l Minn. Stat. S I3D.03, subd. 2.
"Minn. Stat. S 179A.14, subd. 3.
43 Minneapolis Star & Tribune Co. v. Housing & RedevelopmentAuth., 251 N.W.2d 620, 626 (1976).
"Minn. Stat. S I3D.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
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The attorney-client privilege exception does not apply to a mere request for general legal advice.
Nor does it apply when a governing body seeks to discuss with its attorney the strengths and
weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future
lawsuits because that can be viewed as general legal advice. Furthermore, discussion of
proposed legislation is just the sort of discussion that should be public."
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 statement
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 to public safety or compromise
security procedures or responses, a meeting may be closed to:
. receive security briefings and reports,
. discuss issues related to security systems,
. discuss emergency response procedures, and
. discuss security deficiencies in or recommendations regarding public services,
infrastructure, and facilities.
Before closing a meeting, the public body must refer to the facilities, systems, procedures,
services, or infrastructures to be considered during the closed meeting. A closed meeting must
be tape-recorded at the expense 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 fmancial decisions
must be made at an open meeting."
when the purposes for the exception outweigh the purposes ofthe 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).
" 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.
41 The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. App. 2004).
48 Minn. Stat. g 13D.05, subd. 3.
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A meeting may be closed to discnss certain issues relating to government property sales or
purchases.
A public body may close a meeting to:
. determine the asking price for real or personal property to be sold by the government
entity;
. review confidential or nonpublic appraisal data; and
. develop or consider offers or counteroffers for the purchase or sale of real or personal
property .
Before holding a closed meeting, the public body must identify on the record the particular
property that is the subject of the 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 ofthe closed meeting must be specifically identified on the tape. A list of members
and all other persons present at the closed meeting must be made available to the public after the
closed meeting. If an action is brought claiming that public business other than discussions
allowed under this exception was transacted at a closed meeting held during the time when the
tape is not available to the public, the court would review the recording of the meeting in camera
and either dismiss the action if the court finds no violation, or permit use of the recording at trial
(subject to protective orders) if the court finds there is a violation."
An agreement reached that is based on an offer considered at a closed meeting is contingent on
approval of the public body at an open meeting. The actual purchase or sale must be approved at
an open meeting after the notice period required by statute or the governing body's internal
procedures, and the purchase price or sale price is publiC data. 50
There is a narrow exception for certain meetings of public hospital boards.
Boards of public hospitals and certain health organizations may close meetings to discuss
competitive market activities and contracts.51
On-site inspections by town board members are not subject to the law.
The law does not apply to a gathering 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. S 13D.05, subd. 3, referring to S 13D.03, subd. 3.
50 Minn. Stat. S 13D.05, subd. 3. Property appraisal data covered by this law is described in Minnesota
Statutes, section 13.44, subdivision 3.
51 Minn. Stat. S 144.581, subds. 4 and 5.
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number, for notice. Notice must be by telephone or by any other method used to notify the
members ofthe public body."
The law does not apply to meetings of the Commissioner of Corrections.53
The law specifies how it relates to the Government Data Practices Act.
Except as specifically provided, public meetings may not be closed to discuss data that are not
public data under the Government Data Practices Act. 54 Data that are not public may be
discussed at an open meeting without liability, if the matter discussed is within the public body's
authority and ifit 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 adults"
. Active investigative data collected by a law enforcement agency, or internal affairs data
relating to 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 if the 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
" Minn. Stat. !i 366.01, subd. II.
53 Minn. Stat. !i 13D.OI, subd. 2 (1). This exception does not make sense. Until 1982, the exception was for
meetings of the corrections board-a multimember body. A 1983 instruction directed the revisor of statutes to
change "corrections board" to "commissioner of corrections" throughout the statutes. Laws 1983, ch. 274, ~ 18.
54 Minn. Stat. !i 13D.05, subd. 1.
" Minn. Stat. ~!i 13.03, subd. 11,13.05, subd. 4, 11 (e), and 13D.05, subd. 1.
"Minn. Stat. !i 13D.05, subd. 2 (a)(1).
57 Minn. Stat. !i 13D.05, subd. 2 (a)(2).
"Minn. Stat. !i 13D.05, subd. 2 (a)(3).
59 Minn. Stat. ~ 13D.06.
60 Claude V. Collins, 518 N.W.2d 836, 843 (Minn. 1994) (discussing the constitutionality of provision relating
to removal from office); see also Brown v. Cannon Falls Township, 723 N.W.2d 31, 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 if the member was found not
guilty of a violation.'!
A court may award reasonable costs, disbursements, and reasonable attorney fees of up to
$13,000 to any party in an action under the open meeting law. However, the following
conditions apply:
. A court may award costs and attorney fees to a defendant only if it finds that the action
was frivolous and without merit
. A court may award monetary penalties or attorney fees against a member of a public
body only 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 meeting law is to bring an action in district court
seeking injunctive relief or damages. The statute does not provide for a declaratory judgment
action.63
The Minnesota Supreme Court has held that actions taken at a meeting held in violation of the
open meeting law are not invalid or rescindable."
Advice
Public bodies subject to the open meeting law may seek advice on the application 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. ~ 130.06, subd. 4 (c).
62 Minn. Stat. ~ 130.06, subd. 4.
63 Rupp v. Mayasich, 561 N.W.2d 555 (Minn. App. 1997).
"Sullivan 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 the manner in which members of a governing body
perform their duties under the open meeting law may request the Commissioner of
Administration to give a written opinion on the governing body's compliance with the law.
A governing body or person requesting an opinion of the Commissioner of Administration 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 to 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 exptain how it performs its duties under the law.
Opinions ofthe 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.mnlhrd/issinfolgv_state.htm.
66 Minn. Stat. 9 13.072, subds. 1 and 2.
67Id.; 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.
010
LEAGUE OF
MINNESOTA
CITIES
GOVERNING & MANAGING INFORMATION
Official Conflict of
Interest
140A.3
May 2004
rHONE; {6SlJ 28H200
TOU HtH-:: (800l 925~1122
fAX: (651)28]-1299
WEB; WWW.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 UNIVERS!TY AVE.. WEST
ST. PAUL, MN 55103<W44
@ 2007 league of Minnesota Cities
All rights reserved
Conflict of Interest Highlights
1. What is a conflict of interest?
?
.
A conflict of interest occurs when an individual has a personal interest in a
decision about which he or she has the power to make. A prohibited personal
interest may be contractual or non-contractual. It includes decisions in which
personal involvement, gain or financial benefit exist for the decision-maker.
The following elements must be considered:
. Contracts. Public officers may not have a personal [mancial interest in any
sale, lease, or contract that they are authorized to make in their official
capacities. Council members of home rule charter cities shoutd 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 mailers. 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 [mancial nature, but not
always. These non-contractual matters may include such things as council
decisions on zoning, local improvements, and the issuance oflicenses. An
interested councilrnember 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-etected 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 personat interests of a councilmember:
. Designating a bank or savings association.
. Designating an official newspaper.
2 League of Minuesota 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
seated 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 devetopment organization.
There are several other less common exceptions that are described in Part III.
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 officiat 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 III. A. 2. of this memo.
5. Who is subject to the law regarding
incompatibility of offices?
,
.
All persons in elected offices must be aware of this law. In addition, many city
employees and appointed officials may also need to be aware of this law.
6. When are offices incompatible?
Generalty, positions are incompatible when one or more ofthe following
conditions exist:
. If one position:
.
hires or appoints the other.
performs functions that are inconsistent with the other.
makes contracts with the other.
.
.
.
approves the official bond 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 fuIl-time to the position.
.
.
7. What are common problems in applying the
laws?
?
.
Most questions seem to come from situations involving a non-contractual
interest of a counciIrnember. These are some of the more common:
. Self-appointment. City officials may not generaIly appoint themselves to a
position.
. Contracts with relatives of a coullcilmember. Generally, a contract with a
counciIrnember's relative is not prohibited unless the counciIrnember has a
financial 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 counciIrnember 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 shoutd consult with their city
attorneys before taking council action. State rule prohibits a
councilmember from voting on a liquor license application from a spouse
or relative.
8. What happens if the city doesn't follow the
conflict of interest laws?
@
. Contracts. Any contract that has been made illegaIly is generaIly 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 automaticaIly
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. CaU the League's Research
Department for further information, (651) 28]-]200 or (800) 925-] ]22.
Official Conflict ofInterest
5
Table of Contents
Conflict of Interest Highlights...... ............................................ ........................... ......................................... 2
Part I. Introduction........ ... .......................... ........ .... ... ....... ...... ...... ....... ......... .................. .......................... 9
Part II. Prohibited gifts, economic disclosure, and political activities...................................................... 9
B. Prohibited gifts........... ............................. ................... ................ ... .... ...... ........ ... ....................... 9
C. Conflict of interest and economic disclosure in metropolitan-area cities with populations over
50,000 II
D. Statements of economic interest for trustees of public pension plans..................................... I3
E. Lobbyist regulations............................ ............................................... ... ......... .... ......................... 14
F. Leave during political candidacy ................................................................................................14
Part III. Conflict of interest in contracts...............................................................................................15
G. All cities .................................................................................................................................. 15
H. Statutory cities ..... ... ........ .... ..... ..................... ...... ..... .................................. ............................. 2 t
I. Home rule charter cities ..............................................................................................................2 I
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 incompatibte offices............................................................................................ 35
S. Violation of the incompatibility law ...........................................................................................36
T. Specific offices......... ........... .......................... ............... .................................. ...... ......... ........ ...... 36
Part VI. Model forms.................... ............ .............. ........................................ ................................... ... 39
Official Conflict of Interest
7
Minn. Stat. ~ 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 taws addressing conflicts of interest. There are
several different laws of which public officials should be aware. Generally,
these taws do the following:
. Prohibit public officiats 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 taws are, situations can arise that may not be clearly
covered by them. While this document discusses the generat principles
behind these various laws, it is important to remember that the appearance of
impropriety or of a conflict of interest can also be damaging to a
councilmember's image and the city's reputation, even ifthe act is not
specifically prohibited by law.
Part II.
Prohibited gifts,
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 financial interest in a decision that
a local official is authorized to make. This law applies to all cities in
Minnesota.
9
Minn. Stat g 471.895,
subd.3.
The law clearly applies to council members. However, since there is no
definition of the term "local officiat," it is not known if the law covers all
city emptoyees or just certain high level employees, such as city managers or
administrators. Until further clarification of the law, the safest course of
action is to assume the taw applies to all employees, regardless oftheir
duties.
2. Exceptions for all Minnesota cities
The following types of gifts are permitted under exceptions to the gift law:
o Lawful campaign contributions.
o Services to assist an official in the 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 ofinsignlfu:ant monetary value.
o A plaque or similar item These items are permitted if given to recognize
individual services in a field of speciatty 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 locat 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. SS
IOA071; IOA.OJ,
subd.21.
Minn. Stat. S lOA01,
subd.22.
Minn. Stat. S IOA.07.
Metropolitan cities with a poputation over 50,000 are subject to an additionat
law. Locat 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 poputations over
50,000 must disclose certain information if they will be involved in a
decision that will affect their financial interests.
The law affects etected or appointed city officials, or city emptoyees with
authority to make, recommend or vote on major decisions regarding the
expenditure or investment of public funds. The law applies ifthe official or
employee must make a decision or take an action that substantially affects his
or her [mancial 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 emptoyee must do the following:
. Prepare a written statement describing the matter requiring action or
decision and the nature of the potentiat conflict of interest.
Official Conflict of Interest 11
Milll1. R 4515.0500.
Minn. Stat S lOAOJ,
subd.29.
Milll1. Stat. S IOA09,
subds. 6a, 1.
. Deliver a copy of the notice to his or her superiors.
i. 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.
ili. If the city official is appointed, written notice should go to the
chair of the unit. If the potential conflict involves the chair, the
written notice should go to the appointing authority (in most
cases, the city council).
iv. If the official is an elected official, the written statement shoutd
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 potentiat 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 determined by the most recent federal census, a
special u.s. census, an estimate by the Met Council, or the state
demographer) must file a statement of economic interest. The statement must
be filed with the local official's governing body and the Public Disclosure
Board and must report the following information:
. Their name, address, occupation, and principal place of business.
. The name of each associated business (and the nature of that
association).
12 League of Minnesota Cities
Minn. Stat. ~ JOA.09,
subd.5.
Minn. Stat. S JOA.09,
subd. 6; Minn. R.
4505.0900.
Milm.Stat.s
383B.053.
Minn. Stat. S lOA.09,
subd.2.
More information is
available on the
Campaign Finance and
Public Disclosure
Board's web site at:
www.cfboard.state.mn.
us.
Official Cooflict 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 form for the disclosure of economic interests from the
Public Disclosure Board. Officials must then file supplementary statements
each year by April 15, and a final statement upon leaving office.
There are similar additionat 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 information,
contact the Public Disclosure Board at (651) 296-5148.
D.
Statements of economic interest for
trustees of public pension plans
1.
Information required
13
Minn. Stat. g 356A06,
subd.4(c).
Minn. Stat. ~ 356A06,
subd.4.
Minn. Stat. S 1OA.04.
Minn. Stat. " lOA.O I,
subd. 11; lOA04, subd.
2.
Minn. Stat. S IOA04,
subd.4 (c).
SeePartIl-A-
Prohibited g;fts.
Minn. Stat. S IOAOI,
subd.33.
14
Each member of the governing board ofa public pension plan must file a
statement of economic interest with the plan. This includes the trustees of
local relief association pension plans (both regular trustees and ex-officio
trustees, such as the mayor and clerk). The statement must include the
following:
. The person's principal occupation and place of business.
. Whether or not the person has an interest of 10 percent or more in an
investment security brokerage business, a real-estate-sales business, an
insurance agency, a bank, a savings and loan, or another financiat
institution.
. Any relationship or [mancial 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 t5.
These reports must include gifts and items or benefits valued at $5 or more
that lobbyists give to tocat 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 locat and state lobbying activities.
F.
Leave during political candidacy
League of Minnesota Cities
5 U.S.C " 1502-3;
MilUl. Stat. s 21lB.09.
Martin v. ltasca
County, 448 N.W.2d
368 (Minn. 1989).
Minn. Stat. S 43A.32; 5
U.S.C" 1501-2; 5
U.S.C ! 7324,
Minn. Stats. SS
lOA20, subd. II;
2118.09-.10; 18 u.s.c
!s 600-601; 5 U.S.C. S
1503.
Minn. Stat. S 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 officiat
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 coutd prohibit a government employee from becoming a
candidate for etective office to prevent potential conflict in the workplace
between the employee and the supervisor-incumbent during the campaign,
and atso 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 coutd 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 severat 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.
ConfJict of interest
in contracts
G. All cities
1. In general
Generally, public officers may not have a personat 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 atso include appointed
officers and employees who are able to influence contracting decisions.
15
AG. Op. 90-E~5 (Nov.
13,1969); A.G. Op.
90e-6 (June 15, 1988).
AG. Op. 90e-6 (June
15,1988).
AG. Op. 470 (June 9,
1967).
Minn. Stat. ~ 471.881.
Minn. Stat. ~ 471.88,
sllbd. 1; ] 989 Street
Improvement Program
v. Denmark Township,
483 NW..2d 508
(Minn. App. 1992).
] 989 Street
Improvement Program
1'. Denmark Township,
483 NW2d 508
(Minn. App. 1992).
See Part IV - E-
Conflict of interest
check list.
16
The attorney generat 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 literat 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 Appeats suggests that an interested officer should abstain
from voting, even when not expressl?, 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 of the board.
However, the court said the two interested board members were correct not
to have voted on the project since their interests disqualified them from
voting. As a result, the remaining three board members' votes were sufficient
to unanimously approve the project.
, An interested officer should disclose his or her interest at the earliest stage
and abstain from voting or deliberating on any contract in which he or she
has an interest. The remainder ofthe council must unanimously approve the
contract. There are also additional requirements for some of the exceptions
that are discussed below.
League of Minnesota Cities
Minn. Stat. S 471.88,
subd.2.
Minn. Stat. ch. 118A.
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 tong 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 the bank or savings association is first
designated or when the 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 publication of official
matters in the newspaper. This exception applies only if the interested
official's newspaper is the only publication qualified to be the officiat
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 (130B1.3) for
more information.
SeePartV-
Incompatibility of
offices.
Minn. Stat. ss 471.88,
subd. 5; 471.89.
See Forms 1 and 2 for
sample resolutions.
. 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 particutar situation.
Procedure. The following must occur to use this exception:
1. 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 of the commodity or services
furnished.
. The contract price.
. The reasonable value.
. The interest ofthe officer in the contract.
. That, to the best ofthe officer's knowledge and
belief, the contract price is as low or lower than the
price that could be obtained from other sources.
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 (Jan.
19,1965); kG. Op.
358-e-9 (April 5,
1971); A.G. Op. 90-E
(Apell t7, 1978).
Also see Part V -
Incompatibility of
offices.
Minn. Stat. ! 471.88,
subd.7.
Minn. Stat. S 471.88,
subds. 9, 10.
Minn. Stat. S 471.88,
subd.l1.
Official Conflict of Interest
. A contract with a volunteer fire department for the payment of
compensation or retirement benefits to its members. There is stiJI 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 the contract by unanimous vote.
The commissioner must disclose the nature of those loans or
trust services of which he or she has personat knowledge.
The disclosure must be entered into the meeting minutes.
The interested officer shoutd abstain from voting on the
matter.
ii.
iii.
iv.
19
Minn. Stat. ~ 471.88,
subd. J2.
Minn. Stat, 471.88,
subd. 13.
Minn. Stat. ~ 471.88,
subd.14.
Minn. Stat, 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 UllaillmOUS vote.
ii. The 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
(lIRA, 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.
iii. 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.
iii. The reason for the interested councilmember's abstention
must be recorded in the meeting minutes.
. An application for a federal or state grant.
League of Minnesota Cities
Minn. Stat. S 471.88,
subd.18.
Minn. Stat. 9471.88,
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
tocated 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 toans or grants
administered by the lIRA.
ii. The public officer m)lst first disclose as part of the officiat
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, the fact that he or she has an indirect interest in it could
violate this law.
I.
Home rule charter cities
21
Minn. Stat. S 471.881.
AG. Op. 90a-2 (April
14, t960); A.G. Op.
90E-5 (Aug. 30, 1949).
AG. Op. 90E- 1 (May
12, t976).
Minn. Stat. ~ 471.88,
subd.5.
SeePartV-
Incompatibility oj
offices.
AG. Op. 90a-1 (May
16,1952).
AG. Op. 90b (Aug, 8,
1969).
A.G. Op. 90-E-5 (Nov.
13,1969).
Singewald 1'.
Minneapolis Gas Co.,
274 Minn. 556, 142
N.W.2d 739 (1966);
AG. Op. 90.-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 home rule charters contain provisions preventing all officers and
employees from being interested in a contract with the city. Such a provision
evidently applies to every city officer or employee whether or not he or she
has a part in making contracts.
J. Specific kinds of contracts
The unlawful interest statutes apply to all kinds of contracts, formal or
infonnal, 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 tenns of the contract or the decision of
the governing body.
Even when a contract is allowed under one of the exceptions, such as for a
"contract for which bids are not required by law" (which appears to include
an employment contract), council members should be cautious. Employing a
councilmember as a city employee may still be prohibited under the
"incompatibility of offices" doctrine.
The attorney general has advised that a councilmember who holds stock in a
corporation that enters into a contract with the city has an unlawfut interest
and that a councilmember who is a subcontractor on a contract has an
unlawful interest. The attorney generat 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 councilmember
is an employee of the contracting finn and his or her salary is not affected by
the contract, the council may detennine that no personal financial interest
exists. Thus, such a contract may be made and enforced in a home rule
charter city with no charter provisions prohibiting direct or indirect interest.
The Minnesota Supreme Court has held that employment by a company the
city contracts with may give a councilmember an indirect interest in the
contract. However, a more recent attorney general opinion concluded it is
unclear whether mere employment always gives rise to a conflict of interest.
League of Minnesota Cities
A.G. Op. 900-1 (Oct. 7,
1976).
A.G. Op. (April I,
1975) (informal letter
opinion).
A.G. Op. 90E-I (May
12,1976).
A.G. Gp. 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
councihnember's employer if the following criteria are met:
. The councihnember has no ownership interest in the firm.
. The councilmember is neither an officer nor a director.
. The councihnember 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 councihnember takes
office after a city has entered into a contract. If no conflict of interest can
develop between the councilmember's public duty and his or her private
interest in the contract during the contract, the councilmember can probably
serve. However, if a conflict of interest can develop, the interested member
may be prohibited from serving on the council. The attorney general has
issued mixed opinions concerning the legality 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 councihnember 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 atso 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 councilmember when the prime
contract was awarded.
However, in a different opinion, the attorney general advised that a
councilmember was eligible for city office even though the councilmember
was entitled to commissions on insurance premiums payable by the city. In
this instance, the insurance contract was entered into before the person
became a councilmember.
The assumption of office by someone with a personal financial interest in an
already existing contract raises concerns about possible conflicts of interest
during the performance 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.
SeePartIII-A-
Exceptions and the
procedures to use them.
Minn. Stat. gg 471.88,
subd. 5; 471.345; See
League research memo
Competitive Bidding
Requirements in Cities
(130Bl.3) for more
information.
Also see Part V -
Incompatibility of
offices.
A.G. Op. 358-e-4 (Jan.
19,1965); A.G. Op.
358-e-9 (April 5,
1971); A.G. Op. 90-E
(Apeil t7, 1978).
Also see Part V -D-
Offices that have been
found incompatible.
See Part IV - Conflict
of interest in non-
contractual situations.
24
The League is often asked if an elected city official can atso be employed by
the city. There are several issues that must be considered to determine
whether this is permissibte.
First, it must be determined if the two positions are incompatible. If the two
positions are incompatibte, 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
format 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 peTIllit 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
councitmember 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 woutd be incompatible with an
elected office.
3. Validity of contracts with relatives of city
officials
The conflict of interest laws do not address family relationships as
constituting possible conflicts. The courts of other states generally have hetd
that family relationship alone has no disqualifYing 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 disqualifYing interest.
League of Minnesota Cities
Minn. Stat. g 519.02.
A.G. Op. (June 28,
1928); AG. Op. (July
14,1939); A,G. Op.
90-C-5 (July 30, 1940).
AG. Op. 90-b (April 5,
1955).
Minn. Stat. ~ 519.05.
AG. Op. 90a-I (Dec.
9,1976).
Minn. Stat. S 363.03,
subd. ](2).
Also see Part IV - C -
Family connections.
Minn. Stat. S ]5.054.
Official Conflict of Interest
While it is easier to find that a council member has a personal [mancial
interest in a contract with his or her spouse, a marital relationship atone 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 councilmember has a direct or indirect interest in it.
The attorney general has construed the taw broadly to hold such contracts
invalid. If the money earned under the contract is used to support the farnily,
the councilmember derives some benefit. In this type of situation, the
attorney general has held that there is an indirect interest in the contract on
the part ofthe councilmember. Therefore, the contract is void.
The law gives husbands and wives various interests in their spouse's estate.
The attorney general once held these interests alone woutd 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 taw, 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
woutd not be invalid simply because the spouse is a councilmember.
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 of the council on the
existing employment retationship.
It shoutd 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 anotheri;lfficer 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 S 15,054.
Minn. Stat. S 471.87.
MUm. Stat. ,609.0341,
subd.l.
AG. Op. 90a-1 (April
22,1971).
City ofChaska v.
Hedman, 53 Minn. 525,
55 N.W. 737 (1893);
Currie v. Sch. Dist No.
26,35 Minn. 163,27
N.W. 922 (1886);
Bjelland v. City of
Mankato, 112 Minn.
24, 127 NW. 397
(1910).
Stone v. Bevans, 88
Minn. 127,92 NW.
520 (1902); Ci1y of
Minneapolis v.
Canterbury, 122. Minn.
301,142 NW, 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 the property must not be directly involved in the
auction or sealed response process.
There is no exception that allows the sale of city-owned real estate to a city
officer or employee.
K. Contracts made in violation of the
statutes
A public officer who violates the conflict of interest law is guilty of a gross
misdemeanor and can be fmed up to $3,000 and imprisoned up to one year.
Any contract made in violation of the 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 of the unlawful interest statutes is generally void. As a
result, such a contract cannot be the basis of a tawsuit. However, a city may
be enjoined from performing an illegal contract.
If a contract is invalid, it does not matter that the interested councilmember
did not participate in the vote or discussion. Likewise, it does not matter that
the interested councilmember's vote was not essential to the council's
approval 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 NW. 650
(1926); Mares v.
Janutka, 196 Minn. 87,
264 NW. 222 (1936).
56 Am. Jur. 2d
--Municipal
Corporations S 142.
Official Conflict of Interest
When a prohibited contract is made with an interested councilmember, the
councilmember may not recover on the contract. Nor may a councilmember
recover value on the basis of an implied contract. If a councilmember has
already received payment, restitution to the city can be compelled. For
example, ifthe mayor is paid for services to the city under an illegal contract,
a taxpayer could sue to recover the money for the city. It does not matter that
the mayor was not present at the meeting at which the agreement for
compensation was adopted.
If a councilmember has made an unlawful sale of goods to the city and the
goods can be returned, a court will probably order it and prohibit any
payment for the goods. This might be ordered when a lot has been purchased
from a councilmember and no building has been erected on it, or if supplies,
such as lumber, have been bought and not yet used. However, 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 vatue 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 legat opinion or court ruling should be
secured before proceeding. The safest course of action is to assume that a
contract prohibited under the conflict of interest statutes is void, whether or
not the interested councilmember has participated in the transaction.
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 officiat who has personal financial interest in an official non-contractual
action is generalty 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
personat interest is So distinct from the public interest that the member
cannot be expected to represent the public interest fairly in deciding the
matter.
27
Lenz v. Coon Creek
Watershed Dist., 278
Minn. 1, 153 N.W.2d
209 (1967).
Gonsalves v. City of
Daily VaJ/ey, 71 Cal.
Rptr. 255 (Ca!. Ct.
App. 1968).
Lenz v. Coon Creek
Watershed Dist., 278
Minn. 1, 153 N.W.2d
209 (l967).
Township Ed. of Lake
VaJ/ey Township v.
Lewis, 305 Minn. 488,
234 NW2d 815
(l975).
28
In applying the disqualification rules in non-contractual situations, the courts
have sometimes made a distinction between judicial and quasi-judicial acts
on the one hand, and legislative and administrative acts on the other.
However, this distinction has not been consistently applied in particular
cases.
In general, when an act of a council is judicial, no member who has a
personal interest may take part. Some would argue that the member's
participation makes the decision voidable, even if his or her vote was not
necessary to make the decision. Some 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 speciat use permit.
. Other-means available. Another relevant factor is whether or not other
means are available to ensure officiats wiJI not act arbitrarily to further
their self interest, such as an opportunity for review. In one case, the
court took into account the fact that a decision by a board of managers
could be appealed to the state water resources board. The court referred
to the same factor in another decision regarding a town board decision to
establish a road. In upholding the town board's decision, the court said
thaI the availability of appeal to the district court would adequately
protect owners of the affected land from any possible prejudice.
League of Minnesota Cities
Minn, Stat. S 471.46.
Minn. Stat. g415.15.
SeePartV-
Incompatibility of
offices.
Minn. Stat. S 415.11.
Official Conflict of Interest
N. Specific situations
There is far from complete agreement among the various courts on the kinds
of interest and the situations that prevent an interested official from taking
part in non-contractual officiat 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 which 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 officiats 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, the general rule is
that the official has a self-interest and he or she is disqualified from
participating in the decision. Whether the councilmember serving the city in
a second function creates an incompatibility must also be considered.
3. Fixing official's own compensation
State law authorizes a council of any second, third or fourth class city in
Minnesota to set its own satary and the salary of the mayor by ordinance.
However, the change in salary cannot begin until after the next regular city
election. Since every councihnember 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
AG. Op. (Apri114,
1975)(informalletter
opinion).
AG. Op. 90a-1 (Dec.
9,1976).
Minn. Stat. S 363.03,
subd. 1(2); Also see
Part ill - D - Validity
of contracts with
relatives of city
officials.
AG. Op. 430 (April
28,1967).
AG. Op. 90e (Aug. 25,
1997).
Petitional Jacobson,
234 Minn. 296, 48
N.W.2d 441 (1951);
Lenz 1'. Coon Creek
Watershed Dist., 278
Minn. 1, t53 N.W,2d
209 (1967).
30
In an informal letter opinion, the attorney general has advised that a
councilmember was uot 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.
It should be noted that the Minnesota Human Rights Act prohibits
discrimination in employment based upon marital status. Cities should
exercise caution when making inquiries into the marital status of employees
or applicants for positions with the city.
5. Business connections
Other types of business interests may also be prohibited, indirect interests
even though there is not a personal fmancial interest under the general law.
The attorney general has advised that a housing authority commissioner had
a conflict of interest when the commissioner was also a foreman who would
aid a contractor in making a bid to the housing authority.
In a different opinion, the attorney general found that a mayor or
councilmember would not be disqualified from office because he was an
employee of a nonprofit corporation that provided public access cable service
to the city. However, the attorney generat also concluded that the individual
must abstain from participating in any actions related to the cable franchise.
6. Land issues
Since a city council must deal with land matters, it is almost inevitable one of
these decisions may affect property 1:\1at 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 atso be distinguished on their facts.
League of Minnesota Cities
Petition of Jacobson,
234 Minn. 296,48
N.W.2d 441 (1951).
Lenz l'. Coon Creek
Watershed Dist., 278
Minn. 1,153 N.W.2d
209 (1967).
A.G. Op. 59a-32 (Sept.
tl,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 the
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
invotving 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 wilt depend, to some extent, on the amount of
that interest compared to all land affected by the decision. At one extreme is
adoption of a new zoning ordinance or a comprehensive revision of an
existing ordinance that may have an impact on all property in the city. In this
situation, the interest is not personal and the councilmember should be able
to participate. Ifthis wasn't allowed, no such ordinance could ever be
adopted since all council members may be property owners.
31
Webster 1'. Ed. of
County Comm 'rs of
Washington County, 26
Minn. 220, 2 N.W. 697
(1897).
Rowellv. Bd. of
Adjustment of the City
of Moorhead, 446
NW.2d 917 (Minn.
App.1989).
Webster 1'. Bd. of
County Comm'rs of
Washington County, 26
Minn. 220, 2 NW 697
(1897).
32
At the other extreme is the application for a zoning variance or special use
permit applying only to a councilmember's property. In this instance, there is
such a specific interest that it wiJI probably disqualiry the member from
participating in the proceedings. However, the councilmember shoutd stiJI be
able to submit the required application to the city.
Between these two extremes are those proceedings affecting some tots or
parcels, only one of which a councilmember owns. In such cases it is a
question offact whether the councilmember is disqualified from voting. If
the councilmember chooses to vote, the council must decide whether the
member should be disqualified-a decision which is subject to review in the
courts if challenged. There wiIl be many situations where the right to vote is
doubtful enough that an interested councilmember should refrain from
participating.
ii. Condemnation
There is little doubt a councilmember's ownership oftand 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 disqualiry a county board member from
participating in condemnation proceedings to establish a highway when the
board member owned land adjoining the proposed highway. The court
suggested the decision might have been different if the owner had been
entitled to damages ifthe highway had gone through his property.
iii. Church affiliation
The Minnesota Court of Appeals held that a zoning board member who was
also a member of a church was not disqualified from voting on a zoning
variance requested by that church. The court found the nature 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 justiry setting
aside the board's zoning action.
C. Streets
i. Establishing streets and highways
It appears that a councilmember who owns land near an area where a street
may be opened would not be prohibited from voting on the matter. The
Minnesota Supreme Court has held that a county board member who owned
land adjoining a proposed county highway did not have a disqualirying
interest preventing him from voting on the establishment of the highway. The
board member's interest was similar to that of the rest of the 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
Township Bd. of Lake
Valley Township v.
Lewis, 305 Minn. 488,
234 NW.2d 8]5
(1975).
A.G. Op. 396g-]6 (Oct.
15,1957); See also,
Petition of Jacobson,
234 Minn. 296,48
N.W.2d 44] (195]).
A.G. Op. 2]8-R(Ap,il
29, ]952).
Official Conflict ofInterest
The Minnesota Supreme Court also refused to disqualiry a town board
supervisor tbat 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 properly 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
disqualirying interest. However, the attorney general advised that a
councilmember who had an interest in properly abutting a street proposed for
vacation could not participate in the vacation proceedings.
7. Urban renewal
An interest in properly subject to an urban renewal decision may be grounds
for disqualification. However, when the properly 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 hold a license may have a possible conflict of
interest that could disqualiry him or her from voting. The attorney general
said that a councilmember who was a part-time employee of a liquor licensee
could not vote on the question of reducing the liquor license fee if it could be
shown that the councilmember was personally interested. For example, if the
fee reduction would affect the councilmember's compensation or continued
employment, he or she would obviously have a personat fmancial interest in
the decision. However, whether an individual's personal interest is sufficient
to disqualiry 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. l'. Town of
Marion. 375 N.W.2d
815 (Minn. 1985).
Minn. R. S 7515.0430,
subp.5.
Nodes l'. City of
Hastings, 284 Minn.
552, 170 N.W.2d 92
(1969).
1989 Street
Improvement Project v.
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 be 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 financial 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 who have a disqualifying interest in a matter are generally
excluded when counting the number of councilmembers necessary for a
quorum, or for the number necessary to approve an action by a four-fifths
vote, such as approving a special assessment.
P. Conflict of interest checklist
. Consult with the city attorney.
. Disclose the interest.
1. Make disclosure at the earliest stage preceding the discussion.
. Make oral disclosure to the 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 attomey decides
there is no prohibited conflict of interest.
34 League of Minnesota Cities
See McCutcheon 1'.
City of St. Paul, 216
NW.2d 137 (1974).
State 1'. Sword, 157
Minn. 263,196 N.W.
467 (J 923); Kenney 1'.
Goergen, 36 Minn.
190,31 NW. 210
(1886).
5 U.S.C.!! 7323(a)(3);
7322(2). (More
information about the
Hatch Act (5 U.S.c. "
7321-7326) is available
at:
www.osc.govlhatchact.
htm).
Official Conflict of Interest
. Don't influence others.
1. Don't participate in the discussion, either at the time of the 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 with their city responsibilities.
The common law doctrine of incompatibility applies to the functions of two
inconsistent offices, However, there is no clear definition of what constitutes
an "office" for the purpose 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 carmot 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 of the following
conditions exist:
35
See Kenney v.
Goergen, 36 Minn.
190,31 N.w. 210
(1886); State v. Sword,
157 Minn. 263, 196
NW 467 (1923);
Minn. Stat. S 471.46;
AG. Gp. No. 256
(1936); A.G. ap. No.
235 (1928); A.G. ap.
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):
1. Hires or appoints the other.
i1. Sets the salary for the other.
iil. 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:
1. States that one person may not hold two or more specific positions.
i1. 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 who 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 . Councilmember and city treasurer
(March 5,1965).
AG. Op. 358e-9 (Dec. . Mayor and school board member
13,1939).
A.G. ap. 218-R(Feb. . Mayor and municipal liquor store manager.
25,1946).
A.G. Op. 358e-3 . Councilmember and city attorney
(March6,1946).
AG. Op. 358-e-9 . Councilmember and fire chief
(AprilS, 1971).
36
League of Minnesota Cities
AG. Op. 358-e-4 (Jan.
19,1965); Minn. Stat.
* 471.88, subd. 6.
A.G. Gp. 358-e-9
(AprilS, 1971).
AG. Gp. 90-E (April
17, 1978).
Minn. Stat. S 412.152.
Minn. Stat. * 410.33.
Official Conflict of Interest
In 1965, the attorney general advised that a councilmember could also be a
member of a volunteer city fire department under the exception to the
conflict of interest law that permits contracts with a volunteer fire department
for payment of compensation or retirement benefits. But in 1971, the attomey
general 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 1978, the attomey general considered the issue again and advised that the
exception to the conflict of interest law allows a councilmember to be a
member of an independent volunteer fire department when a contract for
compensation or retirement benefits is negotiated, as long as the procedural
requirements for the exception are followed. The attorney general also
explained that the reason for the different results in the two earlier opinions
was because the 1965 opinion involved a fire department member who was
not an officer and the 1971 opinion involved a fire department member who
was the fire chief.
In 1997, the Minnesota Legislature attempted to c1arifythe issue by creating
a statute to offer some guidance regarding the positions of mayor and fire
chief. The statute says that a statutory city mayor may also be the fire chief
of an independent, nonprofit firefighting corporation that serves the city.
Although the statute is specifically for statutory cities, home rule charter
cities may be able to use it if their 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 other.
. Neither office (in its official capacity) contracts with the other office.
. The mayor does not approve the fidelity bond of the fire chief.
The statute remains unclear on several points, however. It does not address
council positions other than the mayor. It also appears to be limited to
independent, nonprofit fire departments, so city departments (whether
volunteer or salaried) are not addressed. And although it outlines general
criteria under which there will not be incompatibilities, there is still some
vagueness regarding what functions between the two offices would be
considered inconsistent.
Because each city may have a different relationship with its fire department,
a city may want to get a legal opinion from its attorney or from the attorney
general before allowing a councihnember to serve as a volunteer firefighter
with any sort of supervisory powers.
The attorney general has found the following offices to be compatible:
37
AG. Op. 358e-9 (Feb.
10,1912).
A.G. Op. 90e (Aug. 25,
1997).
A.G. Op. 358e-3 (July
29,1997).
A.G. Op. No. 420
(1921).
See Compatibility of
Offices (House
Research Information
Brief).
38
. Councilmember and county treasurer
. Councihnember and officer of nonprofit, public-access, cable-service
provider
. Assistant county attorney and city attomey
. 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 (65 I) 281- I 200 or (800) 925-
1122 for further information, or secure a legal opinion from its city attorney
or the attorney general. The League has available a document that lists many
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 (f!oods / merchandise / eauioment /
services): (describe in detail);
And Whereas, (name of interested official) is the (office held bv interested official) ofthe 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 required to be competitively bid;
Now be it resolved by the city of , Minnesota that the above-mentioned purchase by the city
and the claim 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. S 471.89.
This resolution is passed to comply with the provisions of Minn. Stat. SS 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 of interested officer), being duly sworn state the following:
I)
2)
J am (office held bv interested official) of the city of
, Minnesota.
On (dav and date), the following (goods / merchandise / eauivment / services) were fumished by
(name of business or individual with whom the contract was made) to the city of : (svecifV
the tvve of goods. merchandise. eauivment. or services that were vurchased).
The contract price for such (>foods / merchandise / eauivment / services) was $_ and their
reasonable value was $
3)
At the time such (>foods / merchandise / eauivment / services) were furnished to the city, I had the
following personal financial interest in this contract: (svecifV the nature of the versonal 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 (>foods / merchandise / eauivment / services) could be obtained from other sources.
4)
I further state that this affidavit constitutes a claim against the city for the contract price, that the claim is
just and correct, and that no part of the claim has been paid.
(simature o{interested official)
Subscribed and sworn to before me this
day of (month), (vear).
(simamre of notary)
Official Conflict of Interest
41
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
David Fisher, Building Official
Historical Preservation Commission 2010 Goal Setting
January 7,2010, for the January 21,2010 HPC Meeting
INTRODUCTION
The Historical Preservation Commission (HPC) needs to set goals for 2010.
During 2009, the HPC adopted six goals for 2009, as follows:
1. Take all necessary measures to obtain Certified Local Government (CLG) status:
a. Complete a historical site survey.
b. HPC ordinance amendments - to ensure HPC has oversight of historical
sites and that there is a public process in place when dealing with these
sites.
c. Apply to the Minnesota Historical Preservation (MNHP) Society for CLG
status.
2. Education of history through events, time capsule, etc.
3. Repair of Gladstone informational kiosk.
4. Identify and recognize historic families.
5. Identify and recognize the history of geographic features such as lakes, etc.
6. Heritage Award - create criteria for awarding people or places for their work in
the field of history or for their historic character.
The HPC in 2009 has made great strides toward their goals by working on obtaining
CLG status, completed the time capsule and repaired the Gladstone informational kiosk.
The HPC has continued to identify and recognize his.toric families and geographic
features throughout 2009. They discussed the Heritage Award.
In addition, the HPC provided input into the draft 2030 comprehensive plan historical
resources chapter 9 in 2009. The HPC reviewed long-term historical preservation goals
that the city hopes to achieve over a 10 to 20 year period. The purpose of yearly goal
setting is to review those long-term goals and determine which goals can be
accomplished over the next year.
DISCUSSION
The HPC should reference the draft 2030 comprehensive plan historical resources
chapter 9 and the historical commission ordinance statement of public policy and
purpose prior to setting their goals for 2010. The public policy from the HPC ordinance
states:
"It is the public policy of the city to engage in a comprehensive program of
historic preservation and to promote the use and conservation of historic
properties for the education, inspiration, pleasure and enrichment of the citizens
of this area. The purpose of this division creating the commission is to secure for
all citizens of Maplewood the opportunity to preserve and promote its historic
resources through the dissemination of knowledge about the area's history."
RECOMMENDATION
Staff recommendations are for the HPC to provide a priority list of 6 to 12 goals from the
historic action plan which the HPC would like to achieve in 2010.
P:ICom-DevIHPCIGoal Setting Jan 7 2010 dgl
Attachments:
1. Draft 012030 Comprehensive Plan Chapter 9: Historical Resources
2. HPC Ordinance
2
Chapter 9: Historical Resources
Introduction
Maplewood was incorporated in 1957. Before that, it was the townships of New Canada and McLean, which were
founded 99 years earlier in 1858 when the Minnesota Territory became a state. Historical Resources are defined as
properties and structures of historical significance and importance as well as archeological sites and elements of
cultural and tradilional importance. These resources contribute to the City by providing information about its past.
They provide evidence of the way Maplewood was settled and contributions people made to our society. They also
provide insight into the values that formed Maplewood.
Preserving historic sites and resources benefits the City, both economically and socially. Historic preservation goes
beyond the primary concern of understanding the significance of historic and cultural resources. It also focuses on
integrating historic preservation into the broader planning and decision-making arena, so it can be relevant to social
and economic concerns,
The Maplewood Comprehensive Plan will, among other things:
. Guide future growth and development in an orderly manner.
. Define the proper funclional relationships between different types of land uses.
. Help to coordinate public and private sector decisions.
. Establish a framework to guide and involve citizen participation in City government.
. Provide for a sense of community and neighborhood identity.
These goals can be supported by an effective Historical Resources Plan. The plan can also be supported by citizens
and decision-makers who use the guidance of this chapter to preserve historic, cultural, and archeological resources
in Maplewood.
Purpose
This Historical Resources Plan supports and interrelates with all elements, goals, and objectives of the
comprehensive plan. The purpose of the Historical Resources Plan is to:
. Guide the City in a comprehensive program of historic preservation and historic resource management.
. Describe the existing historic resources and historic preservation activities in Maplewood.
. Evaluate the historic preservation and historic resources needs of Maplewood's residents, as may be
delermined by the Historical Preservalion Commission, and to set standards for measuring the meeting
of those needs.
. Promote the use and conservation of historic properties in Maplewood for the education, inspiration,
pleasure, and enrichment of area citizens.
. Plan for adequate support and understanding of the hisloric resources in Maplewood.
. Designate the goals, objectives and actions that Maplewood will use to help preserve the historic
resources in the city.
Historical Resources
9-1
Discussion, Challenges and Issues
Maplewood began to be settled by European descents more than 150 years ago. The City is interested in identifying
its historic resources. The Historic Preservation Commission will be challenged in this task because of:
. The aging of our citizens who have knowledge of historic places.
. The limits in pubiic funding to support historic preservation programs.
. The development or redevelopment of sites that might have historic resources.
. The current lack of a program which encourages historical interest and private owner acceptance of
properties that have historic resources.
There are opportunities available, however. Maplewood could build on these opportunities to develop a program to
help preserve the City's heritage. These opportunities include:
. Completing an inventory of historic resources in Maplewood and setting priorities of importance.
. Working with knowledgeable preservation-oriented organizations. Working with county, state, and
federal agencies that have knowledge of historic resources and programs.
The Metropolitan Council's "Local Planning Handbook" has several suggested guidelines for an historic preservation
plan. These include standards for estabiishing a Heritage Preservation Commission and practices to follow. The
Handbook also recommends following the Secretary of Interior's Standards and Guidelines for Archeology and
Historic Preservation which include standards for preservation planning and guidelines and activities for a
preservation-planning program,
Standards for Preservation Planninq
o Historic Contexts
1. Decisions about historic properties are most reliably made when the relationship of
individual properties to other similar properties is understood. Information about historic
properties which represent aspecls of history, architecture, archeology, engineering, and
culture must be collected and organized to define these relationships. This organizational
framework is called a "historic context." The historic context organizes information
based on a cultural theme and its geographical and chronological limits. Contexts
describe the significant broad patterns of development in an area that may be represented
by historic properties. The development of historic contexts is the foundation for decisions
about identification, evaluation, registration, and treatment of historic properties.
2. Develop goals, objectives, and priorities for the identification, registration, and treatment
of historic properties. This task should be pursued by the City, the Historical Preservation
Commission, and the Maplewood Area Historical Society after the City Council adopts this
plan.
Historical Resources
9-2
Guidelines and Activities for a Preservation PlanninQ ProQram
o These guidelines are to inciude a development of Historic Contexts, A comprehensive summary of
Maplewood's history can be created by developing a set of historic contexts that will include ali
significant historic and cultural properties and sites in the City. Maplewood should coordinate any
efforts with the State Historic Preservation Office since it generally has the most complete
information and is usually in the best position to advise and assist the City in matters of historical
importance.
o Once the City and the Historical Preservation Commission or the Maplewood Area Historical
Society has finished the inventory of Heritage Resources, they should be organized into historic
contexts. This organization should be based on a cultural theme, geography and chronology.
o The designation of Maplewood Heritage Landmarks should be given to those historically or
culturally significant objects, structure, buildings, sites and districts in the City. To be designated a
heritage landmark; a property must meet specific criteria for determining historical significance.
Besides local registration, certain properties may qualify for nomination to the National Register of
Historic Places. Properties on the National Register are recognized for their historical significance.
The creation of a register for significant historical properties is a critical step in planning historic
preservation. Conflicts between Maplewood's requirements and standards for historic preservation
and those of the state or federal government shall be decided by the City Council.
o Maplewood is eligible to apply to the State Historical Preservation Office to be a Certified Local
Government (CLG). After joining, Maplewood would be able to participate in the CLG preservation
partnership that the National Historic Preservation Act established. Federal funding is available
through a grants-in-aid-program to finance activities such as the local inventory of historic
resources, historic preservation planning and education.
Hislorical Resources
9-3
Historic Preservation Goals
1. Support the protection of the City's heritage by preserving, protecting, conserving, and wisely using the
significant historical, cultural, architectural, or archeological objects, structures, buildings, sites,
resources and districts in the City.
2. Encourage community identity and civic pride by preserving and protecting historic properties,
structures, sites and resources in Maplewood.
3. Develop a historic preservation program and integrate the program with other planning programs in the
City.
4. Establish a comprehensive framework for ali decisions and actions related to historic preservation.
5. Encourage broad citizen participation in historic preservation, in order to obtain the knowledge, insights,
and support of City residents.
6. Write a historic resources management plan and submit to City Council for approval.
Historic Preservation Objectives
1. The Historical Preservation Commission wili advise, assist and make recommendations to the City Council,
about historic preservation and resource matters.
2. Maplewood will implement lhe historic preservation goals and objectives by linking and integrating with other
City programs and activities. This includes, but is not limited to, planning, zoning, code enforcement,
housing, economic development and public works as appropriate,
3. Maplewood will work with county, state and federal agencies and other organizations, including the State
Historic Preservation Office of the Minnesota Historical Society on preservation issues.
4. Mapiewood will work with the Historical Preservation Commission to identity, document, and evaluate the
historical significance of objects, structures, buildings, sites and resources.
5. Maplewood will protect, preserve, and enhance significant heritage resources in the City by designating
them as Maplewood Heritage Landmarks. The City wi Ii also nominate appropriate sites to the National
Register of Historic Places,
6. Maplewood will have the Historical Preservation Commission, with assistance from City Staff, prepare and
maintain the Maplewood Heritage Resources Invenlory.
7. In cooperation with City Slaff and the Maplewood Planning Commission, the Historical Preservation
Commission may comment on ali development proposals that would affect properties on the historic
properties list.
8. Maplewood may issue permits or approve development plans that include conditions for historic
preservation, based upon the recommendations of the Historical Preservation Commission.
9, Maplewood supports research, community awareness and public education on the value and importance of
preservation, protection, and the use of heritage resources in the City.
10. Maplewood encourages the establishment of an accessible location where historic documents and artifacts
can be stored and protected.
Historical Resources
9-4
11. Maplewood supports the use of all financial sources and opportunities to support further historic
preservation efforts.
12. Maplewood supports the incorporation of local history into present development by using historic names for
streets, parks and geographical features.
Historic Preservation Action Plan
The fOllowing is a list of activities that the City should follow in the coming years to carry out the goals and objectives
of the Historic Resources Plan. The City will periodically review and update this list.
1. Adopt and implement a historic resources management plan. (Historical Preservation Commission and City
staff will provide recommendation of plan to the City CounciL)
2. Advise, assist, and make recommendations about historic preservation and resources issues. (Historical
Preservation Commission will provide recommendations to Ihe City CounciL)
3. Identify, document, evaluate and maintain an inventory of historically significant objects, structures,
buildings, sites, resources and districts in Maplewood, (Historical Preservation Commission will provide
recommendations to the City CounciL)
4. Complete a preservation planning report before the City Council designates a property as a Maplewood
Heritage Landmark. (Historical Preservation Commission will provide recommendations to the City CounciL)
5. Issue a finding of significance for individual objects, structures, buildings, sites, resources and districts 10
determine whether they are eligible for designation as Maplewood Heritage Landmarks. (Historical
Preservation Commission will provide recommendation to the City CounciL)
6. Designate significant historic or cultural properties or resources as Maplewood Heritage Landmarks and
nominate appropriate properties or resources for listing on the National Register of Historic Places.
(Historical Preservation Commission will provide recommendation to the City CounciL)
7. Place properties designated as Maplewood Heritage Landmarks on the official Maplewood Zoning Map, or
on another map specifically created for this purpose. (Historical Preservation Commission will recommend
to City staff.)
8. Use and follow the Secretary of Interior's standards and guidelines:
a. When advising the owners of historic properties about maintenance and restoration work.
(Historical Preservation Commission and City staff will provide recommendations to Ihe City
CounciL)
b, For design review decisions about Heritage Landmarks and Historically Significant Structures and
for archeology and historic preservation. (Historical Preservation Commission and City staff will
provide recommendations to the City CounciL)
9. Review City ordinances and amend them as needed to reflect the goals and objectives for historic
preservation. (Historical Preservation Commission and City staff will provide recommendations to the City
CounciL)
Historical Resources
9-5
10. Establish a program for the placement of local historical markers and plaques that identifies and informs the
public about historic sites. (Historical Preservation Commission will provide recommendations to the City
CounciL)
11. Provide information and education about historic preservation and properties, sites or resources that are
historically or culturally significant to property owners and the general public. (Historical Preservation
Commission will provide recommendation to the City CounciL)
12. Participate in education and communication programs to increase the visibility and understanding of the
City's historic resources. (Historical Preservation Commission will provide recommendations to the City
CounciL)
13. Advise schools and teachers in the development of curricula and teaching aids about history and historic
preservation in Maplewood. (Historical Preservation Commission will provide recommendations to the City
CounciL)
14. Incorporate local history into present development by using historic names for streets, parks and
geographical features. (Historical Preservation Commission will provide recommendations to the City
CounciL)
15. Comment on all development proposals that would affect properties on the historic properties list.
(Recommendations made to City Council by the Historical Preservation Commission, in cooperation with
City staff and the Maplewood Planning Commission.)
16. Review all applications or permits for the demolition, moving, or remodeling of Heritage Landmarks or
Historically Significant Structures in Maplewood to determine the possible impacts on significant heritage
resources. (Historical Preservation Commission will provide recommendation to the City CounciL)
17. Work with and encourage property owners to help preserve the heritage resource value and historical
integrity of significant historical or cultural resources. (Historical Preservation Commission and City staff will
provide recommendation to the City CounciL)
18. Encourage property owners to meet historic preservation standards and guidelines when working on historic
properties. (To be done by City staff.)
19. Work with the Historical Preservation Commission to apply to the State Historical Preservation Office for
certification as a Certified Local Government (CLG). (To be done by City staff.)
20. Seek outside funding sources and participate where feasible on historic preservation projects. (Historical
Preservation Commission and City staff will provide recommendations to the City CounciL)
21. Work with County, the State Historic Preservation Office of the Minnesota Historical Society and Federal
agencies when implementing this plan. (To be done by City staff.)
22. Research and identify the origin of historic names; such as family names, geological marker names, lake
names, etc. (To be done by the Historical Preservation Commission, in cooperation with City staff)
23. Create criteria for Maplewood Heritage Award program where places or people would be recognized for
their historical contributions. (Historical Preservation Commission and City staff will provide
recommendations to the City CounciL)
Historical Resources
9-6
ORDINANCE 845
ORDINANCE FOR MAPLEWOOD HISTORICAL ADVISORY PRESERVATION COMMISSION
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN:
Article IV. Secs. 2-87 to 2-99 is hereby added to read as follows:
DIVISION 4. HISTORICAL PRESERVATION COMMISSION ("Commission")
Sec. Section 2-87 Authority for Establishment
There is hereby established for the City a Historical Preservation Commission as
an independent board to the City Council, as provided in Minnesota Statutes Annotated
Sections 471.193 and 138.51.
Sec. Section 2-88. Statement of public policy and purpose.
It is hereby declared by the City Council that it is the public policy of the City to engage
in a comprehensive program of historic preservation and to promote the use and conservation
of historic properties for the education, inspiration, pleasure and enrichment of the citizens of
this Area. The purpose of this division creating the Historical Commission is to secure for all
citizens of Maplewood the opportunity to preserve and promote its historic resources through
the dissemination of knowledge of about the area's history.
Sec. Section 2.89. Advisory body.
All actions of the Historical Commission shall be in the nature of recommendations to
the City Council, and said Commission shall have no final authority with reference to any
matters, except as the Council may lawfully delegate authority to it.
Sec. Section 2-90. Composition; Appointment; Qualifications; Terms.
(a) The Historical Commission shall be composed of 7 members appointed by the City
Council, who shall be residents of the City, and shall be selected to assure that the
Commission is representative of the various areas of the City and responsive to the needs of
the people.
Commission membership shall be drawn from persons with demonstrated interest
and/or expertise in historic preservation. If available in the community, at least two members of
the Commission shall be preservation-related professionals (includinq the professions of
historv. architecture, architectural history, archeoloqy. planninq, real estate. desiqn. buildinq
trades, landscape architecture, or law). If available, one member of the Commission must be a
desiqnated representative of the Ramsey County Historical Society. or the City will pay for a
membership for the Commission Chairperson.
Specific disciplines and professional qualifications must be represented on the
Commission (or professional expertise must be souqht) when the Commission is considerinq
nominations to the National Reqister of Historic Places (see Section X=XX. part x. for the
nomination process) and other actions that will impact properties which are normally evaluated
by a professional in such a discipline.
The City of Maplewood will advertise for nominations to fill vacancies on the
Commission. The Commission members will interview nominees and recommend new
members to the City Council based on the followinq factors:
(1) interest and/or experience in history and historic preservation;
(2) if possible, a resident from an area of the city (West, North/Central. South)
that has a vacancy on the Commission; otherwise, an "at larqe" member;
(3) if possible. a resident who represents specific disciplines or professional qualifications (as
noted above) if such vacancies exist on the Commission.
fGt- The unexpired portion of the year in which appointments are made shall be considered as
one year. All terms shall expire on December 31 of the year in which the appointment
terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years. and a
member may follow: three members for three years and four members for two year terms. After
the two year terms of the current members expire, all appointments and reappointments shall be
three-year appointments.
Sec. Section. 2-91. Officers Generally.
The chairperson and vice-chairperson of the Historical Commission shall be elected by the
Historical Commission members at the first meeting in January of each year from among the
members of the Historical Commission. The Chairperson shall be responsible for calling and
presiding over all meetings and shall be entitled to an equal vote with other members of the
Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall
conduct the meetinq.
Passed by the Maplewood City Council December 22, 2003.
Ayes - All
MEMORANDUM
TO:
FROM;
SUBJECT;
DATE;
James Antonen, City Manager
David Fisher, Building Official
Historical Preservation Commission Term Update
January 11, 2010 for the January 21, 2010 HPC Meeting
INTRODUCTION
On January 11, 2010, the city council will be reappointing commission and board
member applicants interested in continued service to the city. All remaining vacant
commission or board positions will be filled by the city council from new applications in
February or March.
There are no vacant positions on the Historical Preservation Commission at this time, so
none of the commissioners are scheduled for interviews with the city counciL This
memorandum is intended to update the commission on the Historical Preservation
Commission term expiration dates.
DISCUSSION
The Historical Preservation Ordinance states that commissioners will be appointed to
three-year terms. In 2009 city staff was made aware that six out of the seven Historical
Preservation Commissioner's terms had expired in 2004 and 2006. For this reason city
staff proposed that the city council reappoint the six commissioners to staggering three-
and two-year terms to ensure a variation in term expirations. On February 23, 2009, the
city council reappointed the six commissioners with terms ending 2010 and 2011
(Attachment 1). Following is a list of all Historical Preservation Commissioner's term
expirations:
Commissioner
Original Appointment
Reappointed
Term Ending
Robert Creager
Richard Currie
Lucille Aurelius
Ron Cockriel
AI Galbraith
Peter Boulay
Caleb Anderson
07-26-04
07-26-04
07 -26-04
08-28-06
08-28-06
10-09-06
02-25-08
02-23-09
02-23-09
02-23-09
02-23-09
02-23-09
02-23-09
N/A
12-31-11
12-31-11
12-31-11
12-31-10
12-31-10
12-31-10
12-31-10
SUMMARY
Term expiration dates for four of the Historical Preservation Commissioners is
December 31, 2010; term expiration dates for three Historical Preservation
Commissioners is December 31, 2011. The city manager's office will notify the four
commissioners whose terms expire in 2010 of the reappointment process in November
2010, for reappointments in early 2011.
Attachment: February 23, 2009, City Council Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
6;30 p.m., Monday, February 23, 2009
Council Chambers, City Hall
Meeting No. 05-09
Clarification Of Historical Preservation Commission Term Limits and
Consideration Of Re-Appointment of Existing Commissioners.
Parks and Community Development Director, DuWayne Konewko gave the report.
Councilmember Juenemann moved to approve Reappointinq the followinq Historical
Preservation Commissioners to two and three year terms as follows;
Commissioner
Robert Creager
Richard Currie
Lucille Aurelius
Ron Cockriel
AI Galbraith
Peter Boulay
New Term EndinQ
12-31-2011
12-31-2011
12-31-2011
12-31-2010
12-31-2010
12-31-2010
Seconded by Council member Rossbach.
Ayes - All
The motion passed.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
David Fisher, Building Official
Election of Chair and Vice Chair
January 7,2010, for the January 21,2010 HPC Meeting
INTRODUCTION
The Historical Preservation Commission (HPC) ordinance requires that the chairperson and the
vice-chairperson be elected by the commission at the first meeting in January of each year from
among the members of the commission. The chairperson shall be responsible for calling and
presiding over all meetings and shall be entitled to an equal vote with other members of the
commission. If the chairperson is unable to attend a meeting, the vice-chairperson shall conduct
the meeting.
The current chairperson is Ron Cockriel and the current vice-chairperson is Richard Currie.
RECOMMENDATION
The Commission should nominate and elect a chairperson and vice chairperson for 2010.
P:\HPC Election of Chair & Vice Chair Jan 7 2010