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HomeMy WebLinkAbout2.b. Purpose for each commissionPolicy AD -1 Page 4 A COMMISSION MEMBER'S CODE As a commission member, I believe that the primary purposes of a commission are to achieve effective and wise guidance of the City through group thinking and action, to raise the standards of commission membership and to improve the level of services to the community which supports it. I realize that mine is a community trust, that I represent all the people and that I have a duty to the community as well as to the commission I pledge myself. Therefore, to cultivate an "educated' heart" so that I may be sensitive to my obligations and relationships in this trusteeship, I subscribe to the code of an ethical person, remembering that ethics refers to what a person is morally obliged to do or not to do in a given situation. I believe that commission service can be an expression of democratic citizenship, signifying a willingness to accept community responsibility and the charge to preserve popular control of American public services. Respecting the dignity and worth of the individual, I shall base my relations with people on their qualities as individuals without distinction as to race or creed or gender or color or economic or social status. I believe that a person's greatest possession, as well as his /her greatest contribution to society, may lie in the ways in which he /she differs from me, rather than in the ways in which we are similar. I shall accept these differences and try to build a useful relationship upon them. I uphold the principles of my organization, recognizing and assuming my responsibility to establish and administer the best possible program and policies for my commission. I shall learn its programs and objectives, give to it a fair share of my time and personal abilities, keep a community wide perspective knowing that, for sound community service, my commission's work must be coordinated with the total community. . I promise to be loyal to my own organization and a good neighbor to other agencies. My attitude shall be one of cooperative open - mindedness and objectivity. In carrying out my assignments, I shall be professional in realizing that it is not possible to lay down absolute rules for all situations. I shall be willing to think things through with the other commission members, weighing alternatives and exercising good judgement in choosing among them. CITY OF ROSEMOUNT Community Center Port Authority COMMISSION /COMMITTEE TIME SHEET Parks & Recreation Utilities (Please circle appropriate appointment) Period From: Planning Name Employee No.: To: Date Meeting Accounts To Be Used: Total No. of Meetings X $35 each Total Community Center Commission: Three accounts (33% 650 - 45130 -99 -103, 34% 650 - 45131 -99 -103, 33% 650 - 45132 -99 -103) Parks & Recreation Committee (101- 45100 -99 -103) Planning Commission (101- 41910 -99 -103) Port Authority Commission (201- 46300 -99 -103) Utilities Commission: Two accounts (50% from each: 601 - 49400 -99 -103, 602 - 49450 -99 -103) Department Head Signature Date Council committees Although the statutes do not require the use of committees, most . councils find that they are helpful in reducing workload. By dividing their membership into several committees, a council enables its members to devote most of their time to specific areas of the city's operations. Each councilmember becomes a relative specialist in these areas and that member's services become of greater value to the council as a whole. Council action is necessary to establish committees either in the council's bylaws, by special resolution or through a motion. The council may set up special and standing committees. The council appoints special committees to deal with a single transaction or project. For example, the council might appoint a special committee to study the advisability of purchasing land for a new park. Standing - committees concentrate on work that is continuous or repeated from time to time during the year. Many cities, for example, have a standing committee on finance. Sometimes councils set up their committees on a functional basis. Such committees deal with fire, police, health, public works, welfare or public utilities. This system encourages councilmembers to handle administrative details and, consequently, does not make full and proper use of the city's administrative officers. Thus, councils should try to limit their work to special policy problems or to certain staff or public relations functions that are not the responsibility of administrative personnel. Examples include committees on auditing, personnel, budget, public reporting, purchasing and licensing. Committees may exercise all duties that the council has legally assigned to them. They can have authority to conduct investigations and to make recommendations. Committees, however, may not make decisions on behalf of the council. Committees are subject to the same rules as the full council under the Open Meeting Law. Citizen involvement One way to increase positive feelings about government is to promote citizen involvement. Citywide or neighborhood committees, special project review committees, and even block organizations are some of the committees cropping up in many cities. In many cases, the council has formed or encouraged these citizen committees. They have saved time for public officials and have made contributions that could only occur through citizen participation. 133 HANDBOOK FOR MINNESOTA CITIES Councilmembers have found that ignoring citizen concerns can result in their removal from office at the next election, or in the defeat of a program or activity as a result of citizen opposition. Although city officials cannot, in most cases, delegate decision- making authority to citizen groups, they can use citizens in advisory roles. This technique works, however, only if the council listens to the advice. If the council does not follow the advice of the committee, it should give understandable reasons for taking other action. When a council forms a citizens' advisory body, it should lay out the ground rules for its activities. The council should also stress that in the absence of clear statutory authority to delegate responsibility, the council must, by law, make the final decisions. State law allows, and in some cases requires, city councils to delegate decision - making power to certain independent boards and commissions. Independent citizen boards and commissions Independent citizen boards and commissions can help alleviate the council's workload. The amount of discretionary power the council can give to such bodies varies. In some instances, such as a utilities commission, the statutes give the commission all discretionary authority necessary to operate the utilities. In other instances, such as the airport board, the council may determine the board's discretionary authority in the enabling ordinance or resolution. Administrative boards may not exercise any powers or duties which the council could not give to an individual officer. All of these boards, however, can receive any or all ministerial powers necessary to execute their programs. Minn.* scat. § 412.621. In Plan B cities, with the exception of civil service boards, special boards of review, and possibly the housing and redevelopment authority, there shall be no administrative board or commission, except for the administration of a function jointly with another city or political subdivision. The council itself shall perform the duties and exercise the powers of the board of health and shall govern and administer the library, parks and utilities as fully as any other municipal function. The council may, however, create boards or commissions to advise the council with respect to any municipal function or activity, or to investigate any subject of interest to the city. 134 CHAPTER 6 The statutes specifically authorize various independent boards and commissions in other statutory cities. The following is a list of the most common boards and commissions: Airport board Minn. Stat. § 360.038, subd. 2. The council may establish an airport board by ordinance or resolution which shall prescribe the powers and duties of the board. The board shall be vested with authority for construction, enlargement, improvement, maintenance, equipment, operation and regulation of the airport. Civil service board and commission Civil service commissions can take several different forms depending on the state statute under which the council establishes them. (See Chapter 9 for more information on civil service commissions.) Hospital board Minn. Stat. § 412.221, subs. 16. The council has the power to provide hospitals and, by ordinance, A.G. Op. 1001 -H (Apr. 11, 1961). establish a hospital board. Hospital boards may exercise any hospital management powers that councils confer upon them. The council may abolish the board by a vote of all five members of the council. The board shall consist of five members appointed by the mayor with council approval for overlapping five -year terms. The council may remove members for cause. Housing and redevelopment authority Minn. Stat. § 469.003, subds.1, 2. A housing and redevelopment authority (HRA) has been created in each city by the Legislature. The HRA may not transact any business or exercise any powers until the city council, by resolution, finds that the city: (1) has substandard, slum or blighted areas that cannot be redeveloped without government assistance, or (2) has a shortage of decent, safe and sanitary low income dwellings. The council may consider such a resolution only after a public hearing is held and publication requirements are met. Minn. Stat. § 469.003, subds. 5, 6. An HRA consists of five members who may be officers and employees of the city. The mayor appoints members with the approval of the council for overlapping five -year terms. In many cities, the city councilmembers serve on the HRA, so the council becomes the HRA. 135 HANDBOOK FOR MINNESOTA CITIES Park board Minn. Stat. § 412.501. The council of any city of more than 1,000 population may, by ordinance, establish a park board. The board shall consist of three, five, seven or nine members as determined by resolution or ordinance of the council. The board members are appointed by the mayor with council approval. Members serve three -year overlapping terms and may be removed by the mayor, with the council's consent, for cause after a hearing. No compensation is received by the board members unless the council authorizes compensation. The board may be dissolved by a unanimous vote of the council. Minn. Stat. § 412.501; Minn. Stat. § The park board shall maintain, beautify and care for park property, 412.521. and perform all other acts necessary to carry out its statutory powers. The board must make quarterly reports of its activities to the council and file an annual statement of receipts and disbursements with the city clerk. 136 Intergovernmental boards and commissions Minn. Stat. § 471.59. The council may create intergovernmental boards and commissions. A mutual agreement of the cooperating governments will set up the organizational format, powers and duties of such boards. (See Part IV.) Library board Minn. Stat. § 134.09. When a public library is established, except in First Class cities operating under a home rule charter, the mayor of the city, with council approval, shall appoint a board of five, seven or nine members from among the residents of the city. The number of members shall be determined by a resolution or an ordinance adopted by the council. The board members shall serve staggered three -year terms and may be removed for misconduct or neglect. Minn. Stat. § 134.10. Board members serve without pay but may be reimbursed for actual and necessary traveling expenses. Minn. Stat. § 134.11; Minn. Stat. § Once established, the board prescribes its rules of procedure, selects 134.13. its officers and controls the library fund. Besides appointing new members to the board, the council must approve all purchases of land and proposals for the erection of buildings. The board must file an annual report each year with the city council and the Department of Education. Park board Minn. Stat. § 412.501. The council of any city of more than 1,000 population may, by ordinance, establish a park board. The board shall consist of three, five, seven or nine members as determined by resolution or ordinance of the council. The board members are appointed by the mayor with council approval. Members serve three -year overlapping terms and may be removed by the mayor, with the council's consent, for cause after a hearing. No compensation is received by the board members unless the council authorizes compensation. The board may be dissolved by a unanimous vote of the council. Minn. Stat. § 412.501; Minn. Stat. § The park board shall maintain, beautify and care for park property, 412.521. and perform all other acts necessary to carry out its statutory powers. The board must make quarterly reports of its activities to the council and file an annual statement of receipts and disbursements with the city clerk. 136 CHAPTER 6 Recreation board Minn. Stat. § 471.15. Recreation is usually a function which the city council, the park board or the local school board administers. Any city may operate and expend funds for a public recreation pro and playgrounds; acquire, equip and maintain land, buildings or other recreational facilities, including swimming pools. Minn. Stat. § 471.16. Generally, a recreation board refers to an independent commission that the city council, school board and park board establish cooperatively. The statutes specifically authorize the formation of an intergovernmental commission with representatives from all three bodies. Utilities commission Minn. Stat. § 412.321, subds. 1, 2. Any statutory city may own and operate facilities for supplying utility service. No gas, light, power or heat utility may be operated until approval by five- eighths of the voters voting on the proposition at a regular or special election. Minn. Stat. § 412.331; By ordinance, a city may establish a public utilities commission. Minn. Stat. § 412.341, subd.1. Utility commissions must have three council- appointed members who serve overlapping three -year terms. The council may appoint no more than one of its own members to the commission. City residence is not a qualification for membership on the commission unless the council so provides. Minn. Stat. § 412.341, subd. 2; Minn. The commission shall adopt rules for its proceedings, but must hold at Stat. § 412.351. least one regular meeting each month. The council may prescribe a salary for the commissioners and decide, by ordinance, which of the following municipally owned public utilities shall be within the commission's jurisdiction: • Water; • Light and power, including any system for the production and distribution of steam heat; • Gas; • Sanitary or storm sewer, or both; and, • Public buildings owned or leased by the city. Minn. Stat. § 465.70; A.G. op. Additionally, some Third and Fourth Class cities may own and 824 -A -3 (May 7,1968). operate a television signal distribution system which shall be considered a public utility. HANDBOOK FOR MINNESOTA Cri IES Minn. Stat. § 412.361. The commission may exercise all of the discretionary administrative authority necessary for the management of the utilities. Municipal power agencies Minn. Stat. §§ 453.51 -.62. Any two or more cities may form a municipal power agency if each city passes a resolution authorizing an agreement. The purpose of the agency is to secure an adequate, economical and reliable supply of energy for cities that own and operate a utility for the distribution of electric energy. All agency powers lie with its board of directors, and include constructing and acquiring generating and transmission facilities, the power of eminent domain, and the authority to issue bonds and notes. Any city council may, by resolution, exercise any of these powers as if it were a municipal power agency. Municipal gas agencies Minn. Stat. §§ 453A.0 1 -.12. Any two or more cities owning or operating a utility for the local distribution of gas may form a municipal gas agency if each passes a resolution authorizing the agreement. The purpose is to secure an adequate, economical and reliable supply of gas for utility customers. The board of directors exercises all agency powers. Any city may, by resolution, exercise any of the powers of a municipal gas agency as if it were an agency. Special board of review Minn. Stat. § 274.01, subd. 2. The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the city council. The council determines the number of members, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board must be an appraiser, realtor or familiar with property valuations in the assessment district. (See later chapters in the Handbook for more information on these boards and commissions.) Advisory boards and commissions Minn. Stat. § 412.111. Another important link in city governing activities is the work of advisory boards and commissions. These entities are much like the independent or administrative boards and commissions. The city council may create and dissolve them by resolution, appoint people to Minn. Stat. § 462.354, subd. 1. serve on them, and exercise other powers of general supervision over them. The council must, however, pass an ordinance to create a planning commission. 138 CHAPTER 6 There are several differences between independent boards and advisory boards. State statutes establish most independent boards and commissions and give them some discretionary powers. Advisory boards conduct studies and investigations on behalf of the council, and submit reports and recommendations for council consideration. Advisory board decisions do not take effect until the council has accepted the decision by passing an ordinance or resolution. The council may organize advisory groups in any manner it deems appropriate. The council may find it wise to appoint people who represent various special interest groups in the city. An advisory commission may be an ad hoc body created by the council for a special purpose, such as for conducting an investigation, and which ceases to exist once the purpose of the commission has been achieved. Some mayors appoint these bodies informally to act as advisory groups without official powers. Planning commissions Minn. scat. §§ 462.351 -.364. Cities can establish these bodies by passing an ordinance describing their organization and powers. City officials, such as the mayor, attorney and engineer, are frequently advisory members. Other advisory boards and commissions Other advisory boards and commissions that city councils commonly establish include: industrial commissions, which have power to study the ways and means of attracting more commercial and industrial development to the city; safety councils, which advise the council on safety programs; and intergovernmental agencies, such as a joint planning commission which the city sponsors in cooperation with other units of government. As government has become increasingly complex, cities have used fewer independent or administrative citizen boards and commissions. Instead of diffusing authority for government administration over a number of different agencies, many cities place all authority in the city council. This decision centralizes responsibility for the proper direction of local government affairs and increases voter understanding of government. Frequently, this trend leads to pressures for greater simplification and centralization in administration as well. The council - manager form of government (Plan B) is an answer to this pressure. Administrators, whose duties and functions lie somewhere between those of a manager and those of a clerk, may also help to centralize government. 139