30

Administration

TITLE III: ADMINISTRATION

30. EMERGENCY MANAGEMENT

31. ADMINISTRATIVE CODE

32. CITY COUNCIL

33. FINANCES

34. CITY POLICIES

CHAPTER 30: EMERGENCY MANAGEMENT

30.01 Purpose

30.02 Interpretation and effect

30.03 Definitions

30.04 Establishment of emergency management organization

30.05 Powers and duties of Director

30.06 Local emergencies

30.07 Emergency regulations

30.08 Participation in labor disputes or politics

§ 30.01 PURPOSE.

(A) Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, from sabotage or hostile action, or from hazardous material mishaps of catastrophic measure; and in order to insure that preparations of this city will be adequate to deal with disasters, and generally, to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this city, the following are hereby found and declared to be necessary:

(B) (1) To establish a city emergency management organization responsible for city planning and preparation for emergency government operations in time of disasters;

(2) To provide for the exercise of necessary powers during emergencies and disasters;

(3) To provide for the rendering of mutual aid between the city and other political subdivisions of this state and of other states with respect to the carrying out of emergency-preparedness functions; and

(4) To comply with the provisions of M.S. § 12.25, as it may be amended from time to time, which require that each political subdivision of the state shall establish a local organization for emergency management.

§ 30.02 INTERPRETATION AND EFFECT.

All functions and activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, the Workers’ Compensation law, or any pension law, nor the right of any person to receive any benefits or compensation under any act of Congress.

§ 30.03 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DISASTER. A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss.

EMERGENCY. An unforeseen combination of circumstances which calls for immediate action to prevent from developing or occurring.

EMERGENCY MANAGEMENT. The prepara-tion for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action or from industrial hazardous material mishaps. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out the foregoing functions. EMERGENCY MANAGEMENT includes those activities sometimes referred to as “civil defense” functions.

EMERGENCY MANAGEMENT FORCES. The total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this chapter or any rule or order thereunder. This includes personnel from city departments, authorized volunteers and private organizations and agencies.

EMERGENCY MANAGEMENT ORGANIZA-TION. The staff responsible for coordinating city-level planning and preparation for disaster response. This organization provides city liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.

§ 30.04 ESTABLISHMENT OF EMERGENCY MANAGEMENT ORGANIZATION.

(A) There is hereby created within the city government, the Emergency Management Organization which shall be under the supervision and control of the City Emergency Management Director, called the Director.

(B) The Director shall be appointed by the Mayor for an indefinite term and may be removed at any time. The Director shall serve with a salary and shall be paid necessary expenses.

(C) The Director shall have direct responsibility for the organization, administration and operation of the emergency preparedness organization, subject to the direction and control of the Mayor.

§ 30.05 POWERS AND DUTIES OF DIRECTOR.

(A) The Director, with the consent of the Mayor, shall represent the city on any regional or state conference for emergency management. The Director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present these agreements to the Council for its action. These arrangements shall be consistent with the state emergency plan.

(B) The Director shall make studies and surveys of the human resources, industries, resources and facilities of the city as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster. The Director shall establish the economic stabilization systems and measures, service staffs, boards and sub-boards required, in accordance with state and federal plans and directions, subject to the approval of the Mayor.

(C) The Director shall prepare a comprehensive emergency plan for the emergency preparedness of the city and shall present the plan to the Council for its approval. When the Council has approved the plan, it shall be the duty of all city agencies and all emergency preparedness forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the emergency management activities of the city to the end that they shall be consistent and fully integrated with the emergency plans of the federal government and the state and correlated with emergency plans of the county and other political subdivisions within the state.

(D) In accordance with the state and city emergency plans, the Director shall institute training programs and public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the city emergency plan when a disaster occurs.

(E) The Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all city departments and agencies shall, to the maximum extent practicable, cooperate with and extend services and facilities to the city’s Emergency Management Organization and to the Governor upon request. The head of each department or agency in cooperation with the Director shall be responsible for the planning and programming of emergency activities as will involve the utilization of the facilities of the department or agency.

(F) The Director shall, in cooperation with those city departments and agencies affected, assist in the organizing, recruiting and training of emergency management personnel, which may be required on a volunteer basis to carry out the emergency plans of the city and state. To the extent that emergency personnel are recruited to augment a regular city department or agency for emergencies, they shall be assigned to the departments or agencies and shall be under the administration and control of the department or agency.

(G) Consistent with the state emergency services law, the Director shall coordinate the activity of municipal emergency management organizations within the city and assist in establishing and conducting training programs as required to assure

emergency operational capability in the several services as provided by M.S. § 12.25, as it may be amended from time to time.

(H) The Director shall carry out all orders, rules and regulations issued by the Governor with reference to emergency management.

(I) The Director shall prepare and submit reports on emergency preparedness activities when requested by the Mayor.

§ 30.06 LOCAL EMERGENCIES.

(A) A local emergency may be declared only by the Mayor or his or her legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order or proclamation declaring, continuing or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk/Administrator.

(B) A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter-jurisdictional disaster plans, and may authorize aid and assistance thereunder.

(C) No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter-jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.

§ 30.07 EMERGENCY REGULATIONS.

(A) Whenever necessary to meet a declared emergency or to prepare for an emergency for which adequate regulations have not been adopted by the Governor or the Council, the Council may, by resolution, promulgate regulations consistent with applicable federal or state law or regulations respecting the conduct of persons and the use of property during emergencies, the repair, maintenance and safeguarding of essential public services, emergency health, fire and safety regulations, drills or practice periods required for preliminary training, and all other matters which are required to protect public safety, health and welfare in declared emergencies.

(B) (1) Every resolution of emergency regulations shall be in writing, shall be dated, shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the office of the City Clerk/Administrator. A copy shall be kept posted and available for public inspection during business hours.

(2) Notice of the existence of these regulation and their availability for inspection at the City Clerk/Administrator’s Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind a regulation.

(C) The Council may rescind any regulation by resolution at any time. If not sooner rescinded, every regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent conflict exists.

(D) During a declared emergency, the city is, under the provisions of M.S. § 12.31, as it may be amended from time to time, and notwithstanding any statutory or Charter provision to the contrary, empowered, through its Council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of a disaster. The city may exercise these powers in the light of the exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to publication of resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for bids.

Penalty, see § 10.99

§ 30.08 PARTICIPATION IN LABOR DISPUTES OR POLITICS.

The Emergency Management Organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute.

CHAPTER 31: ADMINISTRATIVE CODE

31.01 Administrative code

31.02 Police Department

31.03 Fire Department

31.04 Street Department

31.05 Public Works Department

31.06 Health Care Board

31.07 Library Board

31.08 Golf Board

31.09 Public Utility Committee

31.10 Street Committee

31.11 Civil Service Commission

31.12 Senior Citizens Board

31.13 Park and Recreation Board

31.14 Planning Commission

31.15 Airport Board

31.16 Ambulance Board

31.17 Telecommunications Board

Cross-reference:

Heritage Preservation Commission, see

§§ 150.150 et seq.

Tree Board, see § 96.02

§ 31.01 ADMINISTRATIVE CODE.

This chapter is the administrative code of the city as required by § 6.03 of the Charter of the City of Ortonville.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.02 POLICE DEPARTMENT.

(A) The city shall have a Police Department.

(B) The head of the Department shall be known as the Chief of Police and he or she shall be appointed by the Council. The number of additional members and employees of the Police Department to be regularly employed shall be determined by the Council, by resolution, which may be amended or changed from time to time. The Chief of Police shall have, without the approval of Council, authority to appoint additional members to the police force for temporary duty when, in his or her judgment, an emergency exists for the preservation of life or property.

(C) (1) The Chief of Police and all members of the Police Department shall have the powers and authority of police officers generally and they shall perform duties as are required of them by the provisions of any state law, of the City Charter, or of any ordinance of the city.

(2) The Chief of Police shall have general superintendence of the Police Department and custody of property used and maintained for Department purposes, and it shall be his or her duty on or before the first day of July each year to file detailed inventory with the City Clerk/Administrator of all property.

(3) It shall also be the duty of the Chief of Police on or before the tenth day of each month to file with the City Clerk/Administrator a report as to all arrests made by his or her Department during the previous month.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

Cross-reference:

Civil Service Commission, see § 31.11

§ 31.03 FIRE DEPARTMENT.

(A) (1) A volunteer Fire Department shall be under the control of the Council.

(2) The present constitution and by-laws of the Department shall be continued; future changes shall be subject to confirmation and approval by the Council.

(B) (1) The members of the Department shall continue to elect their own Chief, Assistant Chief and other officers subject to confirmation and approval by the Council.

(2) The Chief of the Fire Department shall have general superintendence of the Fire Department and the custody of all property used and maintained for the purposes of the Department. He or she shall see that the same are kept in proper order and that all rules and regulations and all provisions of the laws of the state and ordinances of the city relative to a Fire Department and to the prevention and the extinguishment of fires are duly observed.

(3) He or she shall superintend the preservation of all property endangered by the fire and shall have control and direction of all persons engaged in preserving the property.

(4) In case of the absence or disability of the Chief for any cause, the Assistant Chief shall exercise all the powers, perform all the duties and be subject to the responsibilities of the Chief.

(5) It shall also be the duty of the Chief of the Fire Department on or before the first day of July in each year to file a detailed inventory with the City Clerk/Administrator of all property used and maintained for the Department and he or she shall also, on or before the tenth day of each month, file with the City Clerk/Administrator a report as to all fires occurring during the previous month stating the probable cause.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.04 STREET DEPARTMENT.

(A) (1) A Street Department shall be under general control of the Council but directly under the control of the City Clerk/Administrator as their agent.

(2) The acting head of this Department shall be known as the Superintendent and he or she shall be appointed by the Council, and his or her term shall expire on April 1 of each calendar year.

(3) All streets and alleys within the city, all city parks and parkways including recreational areas, except golf courses, and all city storm sewers shall be under direct supervision of the Street Commissioner, and in addition, it shall be his or her duty to see that the laws of the state and ordinances of the city relating to weed control and eradication are observed.

(4) He or she shall also be supervisor of all buildings.

(5) He or she shall have supervision of all labor and custody of all property used and maintained for the purposes of the Department and he or she shall have authority to hire necessary labor, and make expenditures for materials on behalf of the city for snow removal, for weed control and eradication, for the repair and cleaning of debris off streets, alleys, parks and parkways including recreational areas and storm sewers in case of damage from storms.

(B) It shall be his or her duty on or before the first day of July in each year to file a detailed inventory with the City Clerk/Administrator a report as to the condition of the streets, alleys, parks and parkways including recreational areas, storm sewers and sidewalks, and his or her recommendation as to any repairs or improvements which, in his or her judgement, are required.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.05 PUBLIC WORKS DEPARTMENT.

(A) A Public Works Department shall be as provided in Chapter 6 of the City Charter.

(B) As head of the Department, the City Clerk/ Administrator shall be in charge of the overall activities of the Public Works Department.

(C) There shall be three divisions of the Public Works Department and all divisions shall be coordinated by the City Clerk/Administrator.

(1) There shall be a Director of the Water and Light Division whose responsibilities shall encompass the Water and Light Division, the sewer system of the city, the golf course and who shall also be the Plumbing Inspector.

(2) There shall be a Director of the Waste Treatment Division, who shall have the general management, operation and maintenance of the waste treatment of the city; and the City Clerk/Administrator shall have the management, supervision and maintenance of the airport and the garbage and waste collections and disposals.

(D) The heads of all divisions are to file with the City Clerk/Administrator on or before the tenth day of each month a written report on each public utility with recommendations as to any repairs or improvements he or she deems advisable, and on or before the first day of July in each year file a detailed inventory with the City Clerk/Administrator of all property used or maintained for the Public Utilities Department.

(E) (1) The city shall have a first lien upon all property where it has furnished the services of any public utility for sums due the city for services, including labor or materials furnished, whether the same was furnished at the request of the owner, lessee or occupant.

(2) All amounts remaining unpaid on the first day of October each year shall be levied and assessed by resolution of the Council against each lot, piece or parcel of land where the service has been furnished or to be collected in the manner provided for the collection of general taxes, or the lien may be foreclosed by appropriate action at law.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.06 HEALTH CARE BOARD.

(A) Appointment.

(1) There is hereby created, under the Public Works Department, a Health Care Board (“Board”) which shall consist of seven members, (one of whom may be a physician or surgeon resident in the city) and one non-voting member, of whom shall be the manager of the Fairway View Senior Community, all of whom shall be advisory only and serve without compensation. Appointments to the Board shall be made by the Council and shall be for a term of three years.

(2) All Board members shall hold their office until their respective successors shall have been appointed and shall have qualified. All vacancies in the Board shall be filled in like manner without undue delay by the Council, but only for the unexpired terms of vacating members.

(B) Organization, meetings and officers.

(1) As soon as practicable after its appointment, the Board shall meet to organize and to elect a President, Vice-President and Secretary and to adopt rules and regulations necessary to enable it to perform its duties and functions in an efficient and orderly manner. The President, Vice-President and Secretary shall be chosen from among the members of the Board.

(2) The President shall preside at all meetings of the Board.

(3) All documents necessary to be signed on behalf of the Board shall be signed by the President or in his absence, the Vice-President, after approval and authorization by the Board.

(4) The Vice-President shall perform the duties of the President in case of his or her absence or disability.

(5) The Secretary shall keep a complete record of the minutes of each meeting and of all of the proceedings of the Board, and shall cause a copy of the record to be filed in the office of the City Clerk/Administrator within 30 days after the meeting. The Board may prescribe additional powers and duties for its officers as may be consistent with the provisions of this section.

(6) The Board shall at all times comply with the Government Data Practices Act and open meeting laws of the State of Minnesota and other jurisdictions that may be applicable to similar Boards.

(1) The Public Works Department shall have charge of the administration, maintenance and control of the Municipal Hospital, Northridge Residence and the Municipal Clinic Building subject to the general management and control of the City Council and consistent with the provisions of this section. The Board shall be advisory to the Public Works Department and City Council as provided in this section. All of these facilities shall be known as the Ortonville Area Health Services (OAHS).

(2) The Board shall make recommendations to the Council as to (i) the hiring, discipline and termination of an Administrator and all other necessary employees, (ii) the amount of their compensation, all of which shall be fixed and paid by the Council, (iii) the purchase of all necessary equipment, apparatus, services and supplies, and (iv) the care, preservation and insurance of the hospital building and its contents.

(3) The Board shall recommend the fixing of fees and charges for the use of OAHS and make contracts with the county and other governmental subdivisions for the care and hospitalization of indigent cases.

(4) In addition to the powers and duties herein enumerated, the Council may grant the Board such other necessary and proper powers which the Council feels may lawfully expedite the management and control of the hospital and which shall be consistent with law in conformity with the provisions of this section.

(D) Funds and accounting.

(1) The Municipal Hospital Fund is hereby established and made a part of the Public Works Fund, into which shall be paid all moneys received by OAHS, together with all taxes levied, and contributions and other funds procured, for the maintenance and improvement of OAHS.

(2) No disbursements shall be made from this fund except by order signed by the Mayor and countersigned by the City Clerk/Administrator, pursuant to an order of the Board, approved by a majority of its members and signed by its President and Secretary and approved by the Council pursuant to an order approved by majority of the members of the Council. No disbursement shall be made from this fund except in payment of costs, expenses and indebtedness incurred for the maintenance, operation, equipment, repair and construction of OAHS, provided that the Council may, in its discretion, transfer any accumulated surplus in the fund to any other city fund in accordance with the provisions of the City Charter.

(3) The City Clerk/Administrator shall keep an accurate account of all moneys paid into and disbursed from the Municipal Hospital Fund, and of all outstanding credits and liabilities of the fund, and shall keep an accurate account of all moneys received and disbursed by him or her, and of all outstanding credits and liabilities of the fund. On or before the first day of January of each year, the Public Works Department shall file a report containing a complete record of OAHS’s earnings, expenditures, assets, liabilities, property and a general summary of its business transactions of the previous calendar year in the office of the City Clerk/Administrator.

(E) Limitations on power. All purchases and other contracts shall occur as provided by City Charter Section 6.05. The Board shall not make recommendations concerning contracts or the purchase or sale of equipment, supplies or materials without full compliance with the then current bidding laws for municipalities in the State of Minnesota. The Board and the Public Works Department are not authorized by the City Charter or this section to make any purchases or enter into any contracts.

(Ord. 04-01, passed 4-19-2004)

§ 31.07 LIBRARY BOARD.

There is hereby created a Library Board, to consist of five members: two to hold office for one year; two to hold office for two years; and one to hold office for three years; thereafter the Mayor, with the approval of the Council, shall appoint for the term of three years, and until their successors qualify, a sufficient number of members to fill the places of those whose term or terms expire. All terms shall end with the fiscal year. The Board shall have all of the duties provided for by law, including those contained in M.S. §§ 134.09 to 134.15, as they may be amended from time to time.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.08 GOLF BOARD.

(A) There shall be a Golf Board, as a division of the Public Works Department, to consist of seven members, a minimum of two of whom shall be women, to be appointed by the Mayor, with the approval of the City Council. The terms of each member shall be three years, the terms to end on December 31. The Board shall annually elect one of its members to act as Chairperson, and one to act as Secretary.

(B) The Board shall supervise and manage all municipal golf courses and shall have power to prescribe rules, regulations and charges as may be just and proper, with due regard to the availability of the use of the golf courses to the general public without discrimination as to any individual or group of individuals. The rules, regulations and charges shall be submitted to and approved by the Council before the same shall take effect. It shall be the duty of the Secretary to see that all moneys received for the use of the golf courses be promptly paid to the City Treasury and paid out only upon itemized vouchers approved by the Golf Board and Council.

(C) The Golf Supervisor shall on or before the first day of July in each year file a detailed inventory with the Director of Public Utilities of all property used or maintained for municipal golf courses.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994; Am. Ord. 05-02, passed 1-19-05)

§ 31.09 PUBLIC UTILITY COMMITTEE.

(A) A Public Utility Committee shall consist of three members of the City Council selected by the Mayor with the approval of the Council. The Committee is to select its own chairperson. The members shall be appointed to the Committee for a term of two years commencing on the first Monday after the first Tuesday in January in each even numbered year.

(B) It shall be the special duty of this Committee in addition to their general duties as members of the Council to act as an advisory committee to the Water and Sanitary Sewer Department Superintendent and the Light Department Superintendent and to act as a liaison between the Water, Light and Sanitary Sewer Departments and the Council.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994; Am. Ord. 04-02, passed 4-19-2004)

§ 31.10 STREET COMMITTEE.

(A) (1) A Street Committee shall consist of three members of the Council selected by the Mayor with the approval of the City Council.

(2) The Committee shall select its own Chairperson. They shall be appointed to the Committee for a term of two years commencing on the first Monday after the first Tuesday in January in each even numbered year.

(B) It shall be the special duty of this Committee, in addition to their general duties as members of Council, to act as an advisory committee to the Public Works Director, and to act as a liaison between the Street Department and the Council.

(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed 12-16-1974; Am. Ord. 481, passed 2-21-1984; Am. Ord. 94-578, passed 6-6-1994)

§ 31.11 CIVIL SERVICE COMMISSION.

(A) There is hereby created the Civil Service Commission of three members, who shall be appointed by the Mayor with the approval of a majority of the City Council, to be known as the “Police Civil Service Commission,” one member to be a business person, one a professional person and one a laboring person.

(B) When first appointed, one Commissioner shall be appointed for one year, who shall be president of the Commission, one for two years and one for three years. Each Commissioner shall hold his or her office until his or her successor is duly appointed and qualified. There shall thereafter be one member of the Commission appointed each year for a term of three years, and each shall during the last year of his

or her term be President of the Commission. No Commissioner shall, during the term of his or her membership in the body, hold any other office or employment under the city, the United States, the state, or any other political subdivision thereof, except the office of notary public or member of a civil service commission for firefighters or other municipal personnel. Each Commissioner, before entering upon his or her duties, shall subscribe and file with the City Clerk/Administrator an oath for the faithful discharge

of his or her duties.

(C) The Commission shall meet immediately after its appointment and thereafter annually on the first Monday in February. The Commission shall also, from time to time, fix the times of its meetings and adopt, amend and alter rules for its procedure.

(D) The Council shall pay from the City Treasury all necessary expenses incurred by the Commission in the performance of its duties. Each Commissioner shall serve without pay, but the Council may allow the Secretary compensation as it deems proper for the additional service rendered by him or her in that office, not exceeding $100 per year.

(E) The Commission shall have absolute control and supervision of the employment, promotion, discharge and suspension of all designated Commissioners of the Police Department and all grades and departments thereof in this city. The Commission shall, immediately after its appointment, establish grades for the employments in the Police Department and shall classify every employee now in service in the respective classification thus established.

The Commission shall keep a service register of all persons in the service in these classifications, giving their names, ages, compensation, past employment, duties and other facts and data with reference to each employee as the Commission may deem useful.

(F) The Commission shall from time to time thereafter make, amend, alter and change rules to promote efficiency in the Police Department services and carry out the purpose of this section. The rules shall provide among other things for:

(1) The classification of all offices and employments in the Police Department;

(2) Public competitive examinations to test the relative fitness of applicants;

(3) Public advertisements of all examinations at least ten days in advance in a newspaper of general circulation in the city and posting advertisement for ten days in the City Hall and at the station house;

(4) The creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination, embraced in an eligible register; the Commission may, by rule, provide for striking any name from the eligible register after it has been two years thereon;

(5) The rejection of candidates or eligibles who, after the entry of their names, shall fail to comply with the reasonable rules and requirements of the Commission or otherwise, or who have been guilty of criminal, infamous or disgraceful conduct, or of any willful misrepresentation, deception or fraud in connection with their applications for employment;

(6) The certification of the three names standing highest on the appropriate list to fill any vacancy, except where the provisions of the Minnesota Veterans’ Preference Law provides otherwise;

(7) Temporary employment without examination, with the consent in each case of the Commission, in cases of emergency; but no temporary employment shall continue more than 30 days, nor shall successive temporary employments be permitted for the same position;

(8) Promotion based on competitive examination and upon records of efficiency, character, conduct and seniority;

(9) Other rules not inconsistent with the provisions of this act as may from time to time be found necessary to secure the purposes of this act; and

(10) Copies of all rules adopted by the Commission shall be kept posted in the police station house and no rule of general application with reference to employment, promotion, discharge or suspension shall become effective until so posted.

(G) When the Commission has established a list of eligible candidates for promotions or for new positions in the Police Department, appointment to any position shall be made of one of the three candidates given the highest ratings by the Commission or its examiner. Provided, however, that on demotions for retrenchment or any other but disciplinary reasons the person above entrance grade shall not lose their seniority.

(H) No officer or employee after six months of continuous employment shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his or her own defense as in this section hereinafter provided. The charges shall be investigated by or before the Civil Service Commission. The findings and decision of the Commission shall be delivered forthwith to the Chief or other appointed superior officer and shall be enforced by the officer. Nothing in this act shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding 60 days, for the purpose of discipline or pending investigation of charges when he or she deems the suspension advisable.

(I) The Commission, in classifying positions under this section, shall prescribe standards of fitness and efficiency for each office, employment or position and shall adapt each examination to the respective position. All examinations shall be impartial, fair and

practical and designed to test the relative qualifications and fitness of applicants to discharge the duties of the respective employments which they seek to fill. Notice of the time, place and scope of all examinations shall be given ten days in advance by publication and by posting in the same manner as rules for the respective departments. Notice shall also be mailed to all applicants on the proper register at least ten days in advance. Applicants for positions of trust shall be especially examined as to moral character, sobriety and integrity; and no question in any examination shall relate to religious convictions or affiliations. The head of the Police Department shall assist the Commission in making up its classification and in conducting examinations in the Department on request.

(J) (1) Charges against any police employee may be filed by any superior officer of the Department or by any member of the Commission on his or her own motion; and the Commission shall try the charges after no less than ten days written notice to the accused. The notice shall set forth the charges as filed. The trial shall be open to the public. Each Commissioner shall have power to administer oaths and issue subpoenas; and disobedience to the same shall be punishable the same as contempt of court, in the district court of this county. Witnesses, except public officials, shall be entitled to the same fees and mileage as for attendance upon the court. The employee may be suspended by his or her superior officer pending determination of the charges against him or her.

(2) If the Commission, upon trial, finds the employee guilty of inefficiency, breach of duty or misconduct, he or she shall be removed, reduced or suspended, and his or her name be stricken from the service register. If the charges are not sustained, the case shall be dismissed; and if the employee has been suspended, he or she shall be immediately reinstated, and shall be paid all back pay for the period of suspension. Findings of the Commission shall be filed within three days after the completion of the hearing. Any person suspended, reduced or removed by the Commission after hearing may appeal to the district court by serving written notice upon the Secretary of the Commission within ten days after the filing of its

order and receipt of the same by the employee. The Secretary shall, within five days, certify a copy of the proceedings to the clerk of the district court, and the matter shall be before the court for the review of the reasonableness of the findings based upon the evidence presented.

(K) No applicant for examination, appointment or promotion in the Police Department shall offer, give or promise any money, service or other thing to any person in connection with the proposed appointment or promotion. No employee of the Department shall in any manner solicit or pay, or be in any manner concerned in soliciting, receiving or paying, any subscription, assessment or contribution for political purposes. No person shall solicit or receive any assessment, contribution or payment for political purposes. If a person is an employee of any service under this section, he or she shall be subject to suspension and removal.

(Ord. 294, passed 8-7-1967) Penalty, see § 10.99

§ 31.12 SENIOR CITIZENS BOARD.

(A) There is hereby created a Senior Citizens Board to consist of seven members, one of whom shall be a current member of the City Council, the members to be appointed by the Mayor, with the approval of the City Council. The terms of the office for the first Board shall consist of two members for one year, two members for two years, and two members for three years, with the City Council member so appointed to serve a term of one year. After the initial terms of the new members, members’ terms shall be three years with only two members appointed in each year, except as required by the appointment of the City Council. The term of office shall end on December 31, in the year of expiration.

(B) The Senior Citizens Board shall annually elect the Chairperson and the Secretary from its membership; and shall meet bi-monthly at the call of the Chairperson and other times as deemed necessary by the Chairperson or any two members of the Board.

(C) The Senior Citizens Board shall have the power to prescribe the rules and regulations as the Board deems necessary and advisable for the conduct of the Senior Citizens Center and its programs; provided that the rules and regulations shall be first prescribed and submitted and approved by the City Council before the same shall take effect.

(Ord. 445, passed 2-17-1981; Am. Ord. 04-03, passed 5-3-2004)

§ 31.13 PARK AND RECREATION BOARD.

(A) Formation. There is hereby created a board to be know as the “Park and Recreation Board,” hereinafter referred to as the “Board,” which shall have the duties and powers prescribed herein.

(B) Composition.

(1) Membership. The Board shall consist of seven members, one of whom shall be a member of the City Council and one shall be the Community Education Director. All members of the Board shall have one vote and serve without compensation unless the City Council authorizes compensation.

(2) Terms and vacancies. All appointments to the Board shall be made by the Mayor with the approval of the Council. All Board members shall be appointed for terms of three years. All Board members shall hold their office until their successors have been appointed and shall have qualified. Any vacancies occurring in the membership of the Board shall immediately be filled by the Mayor with approval of the Council, but only for the unexpired term of the vacated member. The terms of the Board shall commence January 1.

(1) Officers. The officers of the Board shall be a President, Vice-President and Secretary. Officers of the Board shall be elected annually. All of the officers shall be chosen from among the appointed members of the Board. The President shall preside at all meetings. The Vice-President shall perform the duties of the President in case of his or her absence. The Secretary shall keep a complete record of the minutes of each meeting and of all proceedings of the Board. The Secretary shall furnish the City Clerk/Administrator with a copy of the minutes of each meeting and of all proceedings of the Board within five working days after any meeting of the Board. The Board may prescribe additional powers and duties for its officers as may be consistent with the provisions of this section and the City Charter. Additional powers and duties shall be submitted to and approved by the City Council. Vacancies in any of the offices shall be filled by the Board.

(2) Meetings. The Board shall meet not less than once each month, and at other times as may be deemed necessary, or at the call of the President of the Board, with times and locations as established by the Board. A majority shall constitute a quorum, but a smaller number may adjourn from time to time. An affirmative vote of a majority of the members of the Board constituting a quorum present and voting at the meeting shall be necessary for the transaction of any business.

(D) Removal of members. The City Council, upon the recommendation of the Board, shall have the

power to remove any member of the Board for misconduct, neglect of or inattention to his or her Board duties and/or failure to attend meetings.

(E) Powers and advisory duties.

(1) Adoption of policy and procedures. The Board shall make and adopt policies and procedures as are necessary for the performance of its duties, for their guidance and for the management of all municipal property and facilities set aside for park and recreation purposes. The policies and procedures shall be submitted to and approved by the City Council.

(2) Employment. The Park and Recreation Board may recommend to the City Council the hiring of necessary personnel.

(3) Construction; contracts. The Board may recommend to the City Council the construction of roadways, paths, buildings, fountains, docks, restrooms, refreshment booths, pavilions and other necessary structures and improvements for park and recreation purposes.

(4) Maintenance. The Park and Recreation Board shall make recommendations for the maintenance, beautification and care for park and recreation property and facilities.

(5) Golf course excluded. For the purpose of this section, property and facilities shall not pertain to the municipal golf course and clubhouse.

(Ord. 568, passed 12-20-1993)

§ 31.14 PLANNING COMMISSION.

The Planning Commission is created in § 150.139(A) and shall also be the Board of Adjustment and Appeals, and have all of the duties provided for by M.S. §§ 462.351 to 362.365, as they may be amended from time to time.

§ 31.15 AIRPORT BOARD.

The Airport Board is hereby continued. It shall have the powers and duties provided for in Chapter 154. It shall be composed of three members appointed for two-year terms expiring in January of 2002, 2003, and 2004. The members shall be appointed by the Mayor and confirmed by the Council and shall serve until the appointment of their successors are confirmed.

§ 31.16 AMBULANCE BOARD.

An Ambulance Board is hereby created to advise the Council on matters pertaining to ambulance service within the community. The Board shall consist of three members appointed by the Mayor and confirmed by the Council for two-year terms, expiring in January of even-numbered years.