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00 <br />M <br />GOVERNMENT OPERATION <br />Sec. 1.08.160. Right to administrative <br />appeal. <br />Except as otherwise provided, if any person <br />shall be aggrieved by any administrative deci- <br />sion of the city administrator or any other city <br />official, or any board or commission not having <br />within its structure an established review schedule <br />or an appellate procedure, such aggrieved person <br />is entitled to a full hearing before the council <br />upon serving a written request upon the mayor <br />and city clerk. Such request shall contain a <br />general statement setting forth the administra- <br />tive decision to be challenged by the appellant. <br />An appeal under this section shall be filed no <br />later than ten days following the decision. Failure <br />to file an appeal within ten days of the decision <br />shall constitute a waiver of the person's right to <br />a hearing. A hearing on the appeal shall occur at <br />the next regularly scheduled council meeting <br />that is at least seven days after the appeal is <br />served. At such hearing, the appellant may <br />present any evidence he deems pertinent to the <br />appeal; but the city shall not be required to keep <br />a verbatim record of the proceedings. The mayor, <br />or other officer presiding at the hearing, may, in <br />the interest of justice or to comply with time <br />requirements and on the mayor's own motion or <br />the motion of the appellant, the city clerk, or a <br />member of the council, adjourn the hearing to a <br />more convenient time or place; but such time or <br />place shall be fixed and determined before <br />adjournment so as to avoid the necessity for <br />formal notice of reconvening. An employee of the <br />city who is aggrieved by an action or decision of <br />another city employee that relates to their employ- <br />ment shall exhaust the grievance procedures set <br />forth in the administrative and personnel policy <br />before requesting a hearing before the city council. <br />The city council's decision on appeal may only be <br />appealed to the state court of appeals. This <br />section shall not apply to hearing officer deci- <br />sions under section 5.12.120; decisions of an <br />administrative officer under chapter 6.12; deci- <br />sions of an administrative officer under chapter <br />6.20; decisions of the community development <br />director under section 6.12.840; code enforce- <br />ment letters that warn a person of a potential <br />§ 1.08.210 <br />criminal, civil, or administrative penalties; or <br />any matter regarding a pending or actual criminal <br />charge based on a violation of this Code. <br />(Code 1984, § 2.07; Code 2003, § 2-41; Ord. No. <br />178(3rd series), § 1, 10-10-2016; Ord. No. 253(3rd <br />series), § 1, 2-8-2021; Ord. No. 286(3rd series), <br />§ 9, 12-11-2023) <br />ARTICLE III. OFFICERS AND EMPLOYEES* <br />Division 1. Generally <br />Sec. 1.08.210. Interim emergency succes- <br />sion. <br />(a) Purpose. Due to the existing possibility of <br />a nuclear attack or a natural disaster requiring a <br />declaration of a state of emergency, it is found <br />urgent and necessary to ensure the continuity of <br />duly elected and lawful leadership of the city to <br />provide for the continuity of the government and <br />the emergency interim succession of key <br />governmental officials by providing a method for <br />temporary emergency appointments to their <br />offices. <br />(b) Succession to local offices. In the event of a <br />nuclear attack upon the United States or a <br />natural disaster affecting the vicinity of the city, <br />the mayor, council and city administrator shall <br />be the interim emergency council and shall be <br />forthwith notified by any one of such persons and <br />by any means available to gather at the city hall. <br />If safety or convenience dictates, an alternative <br />place of meeting may be designated. Those <br />gathered shall proceed as follows: <br />(1) By majority vote of those persons pres- <br />ent, regardless of number, they shall <br />elect a chairperson and secretary to <br />preside and keep minutes, respectively. <br />(2) They shall review and record the specific <br />facts relating to the nuclear attack or <br />natural disaster and injuries to persons <br />or damage to property already done, or <br />their imminence. <br />*State law reference —Authority of council to appoint <br />officers and fix their duties, Minn. Stats. § 412.111. <br />CD1:11 <br />