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01-27-2025 CC Agenda Packet - work session
Agenda City Council Work Session Monday, January 27, 2025, 5:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 1. Review Goals and Priorities 2. Special Elections 3. Council Code of Conduct Roll Call Work Session Item Adjournment Sign up for email notifications at oronomn.gov 1 Date: January 27, 2025 Item: 1 Presenter: Adam Edwards, City Administrator / Engineer Section: Work Session Item Title: Review Goals and Priorities 1.Purpose: The purpose of this item is for the council and staff to discuss goals for the upcoming term. With an almost entirely new council there is an opportunity to review the existing overarching Mission, Vision and Goals as well as establish some short term goals for the upcoming term / year. 2.Background: There are several key documents that guide how the city establishes goals and priorities. They include: A. In 2019 the city council established the following overarching mission vision and goals for the city. Mission. The city of Orono will provide effective guidance through public policy established from citizen involvement, by empowering staff to implement best practices to prepare Orono for any challenges of the future and by ensuring a positive customer experience, superior municipal services and provide a safe community for the residents, businesses and customers to live, work and play in. Vision. To be the residential community of choice and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational assets. Goals. To provide consistent high levels of customer service to our residents and balance the enforcement of city codes To maintain sustainable funding for infrastructure while maintaining a stable tax levy To create a culture of continuous improvement by providing efficient and reliable government services. To adopt best practices into city processes to ensure the high quality services are provided in an ever- changing environment B. The 2040 Community Management Plan. The purpose of this plan is to document and reinforce the established goals, policies and principles of the City of Orono as a guide for orderly and economic private development and public improvement in the years ahead. Major emphasis is on the needs and involvement of people. The Plan discusses how people can manage their environment, how people have become involved with municipal decisions, how people can create and continue the lifestyle and community that we know as Orono. Link to Plan C. The City Code. Link to Code D. Other references. There are several good summary references available from the League of AGENDA ITEM 2 Minnesota cites that summarize state statute and offer best practices. Handbook for Minnesota Cities Chapter 6: Elected Officials and Council Structure and Role The Minnesota Mayors Handbook, 2024 3.Summary: Discussion Points: 1. Would the Council like to revisit the City's Mission, Vision and Goals? 2. What goals does the Council have for 2025? The following are some items staff gleaned from our new council in briefs and interactions since election. Develop an Elected Official's procedures and code of conduct (already added to Work Session Agenda) Adopt a special election ordinance (already added to Work Session Agenda) Negotiate a contract for fire service (already discussed on 13 Jan 25) Review the Parks Strategic Plan? Other? COUNCIL ACTION REQUESTED Discussion 3 Date: January 27, 2025 Item: 2 Presenter: Adam Edwards, City Administrator / Engineer Section: Work Session Item Title: Special Elections 1.Purpose: The purpose of this item is to discuss options for adding a special election provision to the Orono City Code and review how a special election would be implemented. 2.Background: In 2024 the resignation of Council member Johnson brought the issue of a special election to the fore. Filling of a council vacancy is described in State Statute 412.02 (see exhibit A). In order to hold a special election at a time other than the next regularly scheduled election the city must have a special election ordinance. Orono does not currently have such an ordinance. a. Special Election Ordinance. The creation of a special election Ordinance is fairly straight forward and follows the standard process for adopting any regular ordinance: A draft ordinance is prepared and publicly noticed for 10 days prior to its adoption by the city council. The city council holds a public hearing and then can vote on the adoption of the ordinance. Once adopted a summary ordinance is published. The League of Minnesota Cities has a guide on special elections and an ordinance template (exhibit B & C). Staff used that template and the current special election ordinance the city of Burnsville has to produce a proposed draft ordinance at exhibit D. b. Holding a Special Election. In order to hold a special election the council must pass a resolution in accordance with its special election ordinance. Special elections must be held on specific dates set by the state. Date for special election in 2025 are listed below. Based on the notification periods required (84 days to county auditor) the earliest date Orono could use would be in May if a decision was made to do so at the February 10th council meeting. Second Tuesday in May (May 13, 2025) Second Tuesday in August (August 12, 2025) First Tuesday after the first Monday in November (November 4, 2025) 3.Cost: An initial estimate from staff is that it would cost ~$35,000 to hold a special election that is not aligned withe general election. In addition the Clerks office would need to postpone other work to plan and mange a special election. AGENDA ITEM COUNCIL ACTION REQUESTED Discussion and guidance on special elections Exhibits Mn_Stat_412.02_City_Elections_Officers_Terms_Vacancies_city_employees.pdf City-Special-Elections.pdf 4 LMC Special-Elections Ordinance Teplate.docx Special Election Ordinance -DRAFT.docx 5 412.02 MS 1945 [Repealed, 1949 c 119 s 110] 412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES. Subdivision 1.Officers elected.The following officers shall be elected for the terms and in the years shown and in the cities described in the table. City ElectedYear ElectedNumber of Years in Term Officer Every statutory cityEvery two years except where four years is otherwise provided pursuant to statute Two or fourMayor Every statutory standard plan city in which there is no clerk-treasurer Every four years in year when treasurer is not elected FourClerk Every statutory standard plan city in which there is no clerk-treasurer Every four years in year in which clerk is not elected FourTreasurer Every statutory standard plan city where such office exists pursuant to subdivision 3 Every four years in year in which one council member is elected FourClerk- Treasurer Every statutory standard plan city with a council of five Two every four years and one in alternative election FourThree Council members Every statutory optional plan city with a council of five Two each electionFourFour Council members Every statutory standard plan city with a council of seven Three every four years and two in alternative election FourFive Council members Every statutory optional plan city with a council of seven Three each electionFourSix Council members Subd. 1a.City council; city employees.Neither the mayor nor any city council member may be employed by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as defined by the city's employment policy. Subd. 2.Term.Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify. Subd. 2a.Vacancy.Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall Official Publication of the State of Minnesota Revisor of Statutes 412.02MINNESOTA STATUTES 20241 6 serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable. Subd. 2b.Inability or refusal to serve.A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. Subd. 3.Clerk, treasurer combined; audit standards.(a) In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk-treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk-treasurer or a duly appointed deputy. The offices of clerk and treasurer may be reestablished by ordinance. (b) If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is the amount in paragraph (c), or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. (c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce. Subd. 4.MS 1971 [Repealed, 1973 c 34 s 7] Subd. 5.MS 1982 [Repealed, 1983 c 359 s 151] Subd. 6.Council increased or reduced.The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms and ward boundary changes, if applicable, to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule and ward boundaries, if applicable. Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2024412.02 7 Subd. 7.Wards.(a) A city may adopt an ordinance to elect its city council members by ward in the following circumstances: (1) if the ordinance is submitted to the voters of the city for approval at a regular or special election, and the ordinance is adopted at least 180 days before that election; or (2) when approved or ordered to do so by a court of competent jurisdiction acting in response to a challenge to the city's method of conducting elections. (b) If the city is petitioned by at least 15 percent of the electors voting at the last previous city election asking that the question of city council member election by ward be put to the voters of the city, the city must adopt an ordinance for that purpose and submit the ordinance to the voters of the city for approval at a regular or special election. (c) An ordinance must designate the boundaries of the wards. The ordinance must also state whether the city will otherwise operate as a statutory standard plan city or statutory optional plan city, subject to voter approval as may be required under this chapter. If submitted to the voters by ballot question, the ordinance shall go into effect at the next regular city election if it is approved by a majority of those voting on the question. Except as provided by this subdivision, section 205.10 applies to a ballot question submitted to the voters at a special election under this subdivision. (d) A city that elects its council members by ward is subject to the requirements of sections 204B.135 and 205.84. History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s 1-4; 1967 c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s 1 subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c 337 s 5; 1976 c 2 s 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2; 2010 c 206 s 2; 2021 c 31 art 3 s 27; 2024 c 112 art 3 s 12,13 Official Publication of the State of Minnesota Revisor of Statutes 412.02MINNESOTA STATUTES 20243 8 145 University Ave. West www.lmc.org 5/15/2024 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2024 All Rights Reserved This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. INFORMATION M EMO City Special Elections Understand which election questions are authorized or required by state law and which are not. Learn about several other aspects of special elections, including the procedures to call and hold special elections; how general election law applies; the form and effect of recalls and other resident petitions; elections to fill a council vacancy; and ballot form requirements. RELEVANT LINKS: I. Special election purposes Special elections are held so local voters can weigh in on a city-specific issue. There are two basic special elections: Minn. Stat. § 205.01, subd. 2. Minn. Stat. § 200.02, subd. 4. • An election to fill a vacancy in public office. • An election to decide a question relating to the city that is lawfully submitted to the local voters. Minn. Stat. § 205.10. For simplicity, this document uses “special election” or “ballot question” to describe any city election held to fill a vacancy or on a city-specific question. Special elections may be held at the same time as the general city or state election. Alternatively, special elections may be held at other times according to state law, if the city holding the election meets the timelines and posting requirements, also found in state law. City councils cannot hold special elections on questions unless authorized to do so by state law. Minn. R. 8250.1810, subp. 10. When a special election is held in conjunction with a regular election, it is still called a special election. In other words, a special election does not become part of the regular election just because it is held at the same time. For example, a special election to fill a vacancy has a special heading on the general election ballot that says, “Special election for council member to fill vacancy in term expiring ........”. Best practice suggests, and on some election issues the law requires, that any city holding a special election on a city-specific issue consult the city attorney as far in advance as possible. II. General election law applies Secretary of State: City Clerk Election Guide. Minn. Stat. § 205.02, subd. 1. Cities must follow any requirements in the statute authorizing the special election. In addition, cities must follow general election procedures, as far as practicable. For example, a city must ensure that all general election- related deadlines can be met before scheduling the election. For ballot question elections, consider both general election law and the specific statute authorizing the ballot question. 9 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 2 This means notice, publication, and posting requirements for elections on filling vacancies and ballot questions are the same as those for a general city election: Minn. Stat. § 205.16, subd. 1. Minn. Stat. § 473.121, subd. 2. Minn. Stat. § 205.16, subd. 4. Minn. Stat. § 205.16, subd. 2. Minn. Stat. § 473.121, subd. 4. Minn. Stat. § 205.16, subd. 3. • Special elections on questions must be preceded by two weeks’ published notice. • Ten days’ posted notice is optional. • Fourth-class cities (under 10,000 in population) in non-metropolitan cities (generally outside of the seven-county metro area) may choose to give 10 days’ posted notice instead of publishing notice. • Election judges who served at the last election may serve for the special election. • The city clerk must provide written notice at least 74 days before every municipal election to the county auditor, including the date of the election, the offices to be voted on, and the title and language for each ballot question. • At least two weeks before the election, the clerk must publish a notice to voters in the city’s official newspaper. (A Fourth-Class city not in the metropolitan county may dispense with publication). • At least two weeks before the election, the clerk must also prepare a sample ballot and make them available for public inspection in the clerk’s office. When a special election is to be held at the same time as the general election, the notice of the general election and the special election may be included in the same notice. The notice should include wording to indicate that a special election will be held in conjunction with the regular election. In other words, the notice would state: Minn. Stat. § 205.16. 1. the date of the election; 2. voting hours; 3. the locations of the polling places; 4. the offices to be filled and the questions to be voted on in the regular election; and 5. the offices to be filled and the questions to be voted on at the special election. Minn. Stat. § 205.10, subd. 6. Minn. Stat. § 205.16, subd. 4. A special election ordered by the city council on its own motion may be canceled by motion of the city council if written notice is provided to the county auditor at least 74 days before the municipal election. Minn. Stat. § 410.21. Where general election laws and charter provisions dealing with nominations, primary elections, and municipal office elections are inconsistent, the charter provisions control. In this case, general election laws apply only as far as they are consistent with the charter. 10 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 3 III. Filling vacancies in elective offices Minn. Stat. § 412.02, subd. 2a. Minn. Stat. § 205.10, subd. 2. Minn. Stat. § 645.44, subd. 16. When a vacancy occurs in a statutory city council, the statutes provide that a vacancy “shall” be filled by appointment, generally indicating that the action is mandatory. A.G. Op. 471-M (Oct. 18, 1951). The attorney general has held that it is mandatory to fill vacancies in office. In certain situations, the city must hold a special election in addition to making an appointment. Handbook, Elected Officials and Council Structure and Role. Accepting Council Member Resignation and Declaring a Vacancy, LMC Model Resolution. When a special election is necessary, the council must appoint a person to hold the vacant position until voters elect a candidate to serve in that position at the special election. The council should adopt a resolution that declares the vacancy. After considering interested and qualified residents, the council must appoint an eligible person to fill the vacancy. Where appropriate, the city council then calls for a special election. A. Determining need Minn. Stat. § 412.02, subd. 2a. Handbook, Elected Officials and Council Structure and Role, Section I-E; Section 1- F. In deciding whether a special election is necessary in a statutory city, look at when the vacancy occurred, and the amount of time left on the unexpired term. To determine if a special election is necessary, the city must answer the following two questions: • Did the vacancy occur before the first day to file affidavits of candidacy for the next regular city election? • Do more than two years remain in the unexpired term? Minn. Stat. § 412.02, subd. 2a. Handbook, Elected Officials and Council Structure and Role, Section I-E; Section 1- F. When the answer to both questions is “yes,” a special election to fill the vacancy is necessary. If the answer to either or both questions is “no,” a special election is not necessary. Where no special election is necessary, the appointed person serves for the duration of the term. Minn. Stat. § 205.02, subd. 2. Minn. Stat. § 205.10. A.G. Op. 63-A-11 (Dec. 20, 1966). A.G. Op. 63-A-11 (April 24, 1979). Minn. Stat. § 205.02. Minn. Stat. § 410.33. Minn. Stat. § 412.02, subd. 2a. In a charter city, look to the charter to determine how a vacancy should be filled. City charter provisions may govern how to fill the vacancy over general state law. For example, if a charter provides that a vacancy is filled by appointing a replacement for the remainder of the term (regardless of when the vacancy occurs or how much time is left on the term), the charter provision overrides the requirement in state law that calls for a special election. If the charter is silent on how to fill vacancies, the city may follow the same process as statutory cities. Certain election law provisions do not apply to charter cities, so charter cities should work with their city attorney on election issues. 11 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 4 B. Timing Minn. Stat. § 412.02, subd. 2a. A special election to fill a council vacancy may be held at or before the next regular city election. Many cities hold this type of special election at the same time as the next regular city election. Providing for Special Elections to Fill Council Vacancies, LMC Model Ordinance. In order to hold a special election before the next regular city election, the council must adopt an ordinance that specifies under what circumstances it will hold a special election to fill a vacancy before the next regular city election. The city may choose to adopt an ordinance that addresses all future special elections on vacancies. An example of this would be an ordinance that requires a special election every time a vacancy occurs within a specified period of time before the filing period for the next regular election. A different option would be to adopt an ordinance that addresses only one election; this type of ordinance would not apply to all future special elections. Minn. Stat. § 205.10, subd. 3a. Generally, if an ordinance allows the city to hold a special election before the next regular city election, an election to fill a vacancy may be held on any of the days allowed by statute. Minn. Stat. § 205.10, subd. 3a. Cities may only hold a special election on one of uniform election dates: • The second Tuesday in February. • The second Tuesday in April. • The second Tuesday in May. • The second Tuesday in August. • The first Tuesday after the first Monday in November. • On another date if the special election is held in response to an emergency or disaster. “Emergency” means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. “Disaster” means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment. A home rule charter city must not designate additional dates in its charter. Minn. Stat. § 351.055. A.G. Op. 471-M (June 6, 1958). If it is certain that a vacancy will occur in the future and there must be a special election for the position, the city council may begin the special election process so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the council. Cities should not appoint a person to a vacancy before the vacancy exists. 12 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 5 C. Election administration Handbook, Election Procedures. Secretary of State City Clerk Election Guide. A special election to fill a vacancy is administered in the same manner as a general election. This means that the same notice requirements must be followed. Similarly, filing for the office takes place in the same way for both general and special elections. D. Taking office Minn. Stat. § 204D.02, subd. 2. A.G. Op. 471-M (Nov. 23, 1999). Generally, the terms of elected city offices begin on the first Monday in January following the election. However, in a special election to fill a vacancy, the new council member is eligible to qualify and take office upon receipt of an election certificate. IV. Special elections on ballot questions A. Authorized questions Minn. Stat. § 205.10, subds. 1, 5. Minn. Stat. § 205.02, subd. 2. Minn. Stat. § 211A.01, subd. 2. State law refers to “special elections on questions,” “public questions,” and “ballot questions” when discussing citywide votes on questions voters have legal authority to decide. A “ballot question" is a proposition placed on the ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state. The secretary of state uses the term “city question ballot” on the example ballot. This memo uses the terms “ballot question election” and “special election on a question” to refer to a local special election on a city-specific question. A.G. Op. 484e-1 (Oct. 5, 2000). All of these terms mean an election, or vote, on a city-specific issue. Even though this election may coincide with a statewide election, it is a separate or special election. One example of a ballot question is whether a city will issue licenses allowing local restaurants to sell liquor with meals on Sundays, sometimes called a “Sunday liquor” election. Minn. Stat. § 205.10, subd. 1. Samuels v. City of Minneapolis, 964 N.W.2d 158 (Minn., 2021). Most statutes giving local voters the power to vote on a ballot question contain some additional information, from phrasing the question on the ballot to the number of votes required to pass the ballot question. As to phrasing, the Supreme Court noted judicial review is very deferential to the legislative judgments regarding the word and form choices made in fixing the language of a ballot question. A.G. Op. 159a-3 (May 24, 1966). A.G. Op. 476-B-2 (Apr. 29, 1954). A.G. Op. 442-A-20 (Jul. 10, 1952). Cities may spend a reasonable amount of money to educate voters on relevant facts relating to the ballot question. In putting out materials to educate the voters, the city cannot promote a certain outcome of the vote. This is because cities generally cannot expend public funds to support or oppose a ballot question. 13 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 6 LMC information memo, Public Purpose Expenditures. State auditor’s Statement of Position Expenditure of Public Funds on Ballot Issue Advocacy (April 2014). A.G. Op. (June 30, 2006) (informal letter opinion). However, there is a limited exception to this general rule where a state act or proposal could have a “direct and substantial effect” on the interests of a specific city. If the city is considering whether or not to spend public funds on promoting or opposing a ballot question, the city should seek specific legal advice from the city attorney. Minn. R. 8250.1810, subp. 10. See Section VIII: Ballots. Minn. Stat. § 205.10, subds. 1, 5. A ballot question must have a title and the city attorney must review that title to determine whether it accurately describes the question asked; the title cannot be used on the ballot until approved by the city attorney. A special election on a ballot question may be held at the same time as a general election or at any other time allowable by law. Secretary of State City Clerk Election Guide. See also, Handbook, Election Procedures. Minn. Stat. § 205.16, subd. 1. The notice of a special election (whether published or posted) must clearly state the question. As under general election law, the clerk must also publish a notice to voters at least two weeks before the election in the official newspaper, except that Fourth-Class cities may dispense with publication. The clerk must post a sample ballot in the clerk’s office at least ten days before the combined special and general election and in each polling place on election day. The city must follow all other requirements for the city general election. A.G. Op. 640 (Sept. 27, 1972). Minn. Stat. § 205.02, subd. 2. Minn. Stat. § 410.33. The law relating to ballot question elections generally applies to both statutory and charter cities. If charter provisions specifically provide for ballot question elections, then, generally speaking, the city can hold the special election pursuant to the charter rather than state law. If the charter is silent on the issue, the city may apply statutory law governing special and general elections. Consult the city attorney for specific legal advice on charter interpretation. B. Unauthorized elections on questions Borgelt v. City of Minneapolis, 271 Minn. 249, 135 N.W.2d 438 (1965). Alexander v. City of Minneapolis, 267 Minn. 155, 125 N.W.2d 583 (1963). A.G. Op. 476-B-15 (Dec. 17, 1940). A.G. Op. 472-0 (Mar. 20, 1961). A.G. Op. 185b-2 (January 19, 1956). A.G. Op. 59a-32 (January 25, 2002). City of Birchwood Village v. Simes, 576 N.W.2d 458 (Minn. Ct. App. 1998). Village of Brooklyn Center v. Rippen, 255 Minn. 334, 96 N.W.2d 585 (1959). Voters and city councils often ask about holding an advisory election on controversial or politically sensitive decisions. Statutory cities can only exercise powers explicitly given or implied by the legislature. Without specific legislative authority, cities may not hold an advisory special election. Muehring v. School Dist. No. 31 of Stearns County, 224 Minn. 432, 28 N.W.2d 655 (1947). Minnesota courts have determined that a city council has no authority to pass their decision-making power to voters when the legislature delegates that power solely to city councils. 14 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 7 A.G. Op. 185b-2 (May 3, 1967). A.G. Op. 185b-2 (August 22, 1961). See LMC information memo, Public Purpose Expenditures. In addition, a city council has no authority to spend public funds on an unauthorized special election. No matter how minimal the cost and even if money to hold an unauthorized election is donated to the city, the attorney general finds it is an invalid use of public funds. Neutral surveys sent out by a city seeking feedback from city residents on generic topics such as city services generally are not special elections. A.G. Op. 63-A-11 (Aug. 26, 1965). A.G. Op. 185b-2 (Jan. 19, 1956). Likewise, charter cities may hold an election on a topic only if the charter or statutory law specifically allows it. The attorney general repeatedly finds that charter cities must find specific authority for a special election in either the charter or statutory law. Best practice suggests charter cities consult the city attorney for specific legal advice and interpretation of the charter provisions relating to special elections. Minn. Stat. § 412.221, subd. 33. Secretary of State City Clerk Election Guide. There are two exceptions to the rule prohibiting advisory elections. First, a statutory city council has authority to hold a special election on whether the city should join a special district or similar independent governmental body having taxing powers. This question may be submitted to city voters at a general or special election, but the results are only advisory, not binding on the council. Second, the Secretary of State’s Office considers a vote to adopt a city charter an exception to the rule against advisory elections. Note that state law specifically authorizes these advisory elections. V. Types of ballot question elections In statutory cities, and in charter cities where the charter is silent on the method, ballot question elections on authorized subjects occur in several ways. A. Ballot question elections required by law Appendix A: Special elections on questions required by law. A number of subjects require a special election before the council finalizes an action on a particular matter. The council proposes the action in a question, a proposition, or an ordinance and voters either adopt or reject the council’s action. Minn. Stat. § 340A.504, subd. 3(c). Appendix A: Special elections on questions required by law. One common example of a ballot question election required by law is the sale of intoxicating liquor on Sundays. A city may issue licenses to sell intoxicating liquor on Sundays only if the voters approve the council action at a special election on that question. 15 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 8 B. Ballot question elections called by council or by petition Appendix B: Statutorily authorized special elections called by council or subject to petition. On other topics, there are two ways that a special election may arise: Minn. Stat. § 205.10. A.G. Op. 476-B-15 (Dec. 17, 1940). A.G. Op. 472-0 (Mar. 20, 1961). Minn. R. Ch. 8205. See Section IV: Petitions. • The council may pass, by a majority vote of a quorum, a motion calling for a special election on an authorized question. • The council must order a vote on an authorized ballot question if it receives a sufficient petition. State rules govern petitions. Minn. Stat. § 205.10. Minn. Stat. § 205.16. A special election ordered by the city council on its own motion may be cancelled by motion of the governing body. However, the council may not cancel a special election less than 74 days before the election. If the special election is cancelled, the clerk must provide written notice to the county auditor not less than 74 days before the election. C. Optional ballot question elections Minn. Stat. § 413.02. Appendix C: Statutorily permitted special elections. A few statutes allow ballot question elections after receiving a petition, but do not require them. Changing the name of a city is one example where the council may submit a ballot question to local voters after receiving a petition, but the statute does not require it. D. Reverse referenda or elections to revoke council action Appendix D: Council action subject to reversal by voters. In narrowly applicable situations, eligible voters may petition for a special election to reverse a particular council action. Referenda are votes of the electorate on a particular subject. Because voters petition for the chance to reverse a council action, this type of special election is commonly known as a reverse referendum. Section VI: Petitions. The particular statute allowing a petition to reverse the council governs these special elections. State rules govern the form of petitions. Typically, voters have only a certain number of days to submit a petition calling for a vote to reverse a previous council action. Reverse referenda are unusual; consult the city attorney for specific legal advice. E. Recall or removal from office Section IV: Unauthorized elections on questions. Minn. Stat. § 351.02 (5). Minn. Stat. § 410.20. Minn. Const. art. VIII, § 6. Local voters often ask if the city can hold a vote to remove a local official from office in a special election. As discussed previously, voters in statutory cities have only those powers delegated to them by the state legislature. 16 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 9 Jacobsen v. Nagel, 255 Minn. 300, 96 N.W. 2d 569 (1959). Currently, voters in statutory cities have no authority to petition for, or vote on, removing an elected official from the city council. In some situations, councilmembers lose office by operation of law, for example if a person is convicted of a felony; but there is no authority to remove officers by a vote. Minn. Stat. § 351.01. Minn. Const. art. VIII, § 5. Minn. Stat. § 410.20. State ex rel. Martin v. Burnquist, 141 Minn. 308, 170 N.W. 201 (1918). State ex rel. Kinsella v. Eberhart, 116 Minn. 313, 133 N.W. 857 (1911). Charter cities may have limited authority in the charter to remove elected officials. Recall elections in charter cities are limited by the Minnesota Constitution. The charter may allow for a recall election to remove an elected official due to malfeasance or nonfeasance in the performance of his or her duties. To constitute malfeasance or nonfeasance the conduct must affect the person’s performance of official duties rather than their personal character as a private individual. All of this is a fact specific determination, so charter cities must consult the city attorney before seeking an election to recall or remove a city official from office. VI. Petitions Minn. Stat. § 204B.071. Minn. Stat. § 205.10. In statutory cities, petitions submitted by voters requesting an election on a legally authorized question must comply with state law and rules. State rules set by the Minnesota secretary of state govern the form, circulation, signing, filing and inspection of petitions. If a city charter specifically addresses petitions, the charter provisions may prevail over state law and rules. A. Form of petition Minn. R. Ch. 8205. Minnesota state rules include detailed requirements regarding petitions. This section is only intended as a general overview of petitions, so be sure to consult the rules when working with a petition. Minn. R. 8205.1010. Minn. Stat. § 204B.071. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. However, a petition must not be rejected solely because it is on paper that is smaller than 8-1/2x14. Each petition page must have both a short title describing the purpose of the petition and a statement summarizing the purpose of the petition. Minn. R. 8205.1020. For petitions seeking to get a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question. Each petition page must include the following statement: “All information on this petition is subject to public inspection.” The language on the petition must be no smaller than 10-point type. Petitioners may circulate photocopies of a sample petition page. 17 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 10 Minn. R. 8205.1010. Each petition page must have no more than 10 signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; the signatory’s year of birth; printed first, middle, and last name; and residence address, municipality, and county. Minn. R. 8205.1010. Each petition page must have a signer’s oath in no smaller than 12-point bold type. The signer’s oath and the signature lines must be on the same side of the paper. If the form of the signer’s oath is not specified by statute, the following oath must be used: “I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will.” Minn. R. 8205.1010. Each petition page must include the following statement immediately above the signature lines: “All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so.” 1. Filing a petition Minn. R. 8205.1040. Minn. Stat. § 211A.01, subd. 7. A.G. Op. 185-b (June 15, 2007). The city clerk accepts petitions as the filing officer. State law defines the “filing officer” as the officer authorized by law to accept affidavits of candidacy or nominating petitions for an office, or the officer authorized by law to place a ballot question on the ballot. Minn. R. 8205.1040. The person filing the petition must submit the entire petition at one time to the clerk. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the clerk. Petition pages must not be altered by anyone except the clerk for verification purposes after the petition has been filed. Minn. R. 8205.1040. The clerk must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted. 2. Number of signatures required on petition Minn. Stat. § 205.10. Minn. Stat. § 645.26, subd. 1. As used here, a “sufficient petition” means a petition with the required number of voter signatures. Typically, this is a percentage of voters from a previous election. Sometimes the specific statute authorizing a petition does not indicate what percentage of voter signatures a sufficient petition needs. The default in state law requires that the petition contain the signatures of a number of voters equal to 20 percent of the total number of people who voted at the last city general election. 18 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 11 However, a number of statutes authorizing petitions for special elections provide a different number of signatures needed for a sufficient petition. The more specific law prevails and acts as an exception to the general law. Practically speaking cities should consult the city attorney if a question arises regarding the number of signatures required on a petition. 3. Counting percentage of voters required for sufficient petitions Even where the specific state statute lists a particular percentage of voter signatures, state law provides guidance for tabulating that percentage: Minn. Stat. § 200.039. • If a statute requires that a specific number of people who voted in a previous election sign a petition, then the statute must be read to mean that any currently eligible voter may sign the petition-- and their signature counts when tabulating the percentage of voter signatures required. • Thus, the statute must not be read to restrict eligibility to only those individuals who were eligible to cast ballots or who actually did cast ballots in the previous election. 4. Sufficiency of petition Minn. R. 8205.1050. Anderson v. City of Duluth, 279 Minn. 50, 155 N.W.2d 281 (1967). Williams v. Donovan, 253 Minn. 493, 92 N.W.2d 915, (1958). Minn. Stat. § 201.091. Secretary of State Frequently Asked Questions - Petition Signatures. Butler v. City of St. Paul, 923 N.W.2d 478 (Minn. 2019). The clerk must inspect the form of the petition to determine if it complies with all form and filing requirements. The clerk need only determine substantial compliance with regard to any type size on the form. The clerk must also inspect the petition to determine whether it has been signed by the required number of signatories and whether the signatories meet the applicable eligibility requirements. The rule does not address how the clerk verifies eligibility of the signatories, but case law states that eligibility to sign the petition may be restricted to registered voters in the Statewide Voter Registration System whose address in the SVRS is located within the city to which the petition is filed. Cities may rely on the SVRS to determine whether to reject signatures on a petition of those who are registered to vote but are at an address outside of the city in the SVRS. If the petition has not been signed by the required number of qualified signatories, the clerk must notify the person who filed the petition: • That the petition has not been signed by the required number of signatories. • The number of additional signatures needed for a sufficient petition. Minn. R. 8205.1050. If the time for circulating the petition has not expired, the petitioners may collect additional signatures and submit them at one time to the clerk before the circulation period expires. 19 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 12 Minn. R. 8205.1050. Minn. R. 8205.1010. If the petition satisfies the form requirements and has been signed by the required number of qualified signatories during the applicable time period, the clerk must notify the person whose name is on the petition receipt that the petition is sufficient. Minn. R. 8205.1050. The clerk must complete the verification of a petition as soon as practicable, but no later than 10 working days after the day on which the petition was filed. In re Referendum to Amend City of Grand Rapids, Minnesota Mun. Elections Ordinance No. 04-08-11, No. 31-CV-05-3798 (Minn. Ct. App. July 18, 2006) (unpublished decision). Bogen v. Sheedy, 304 Minn. 62, 229 N.W.2d 19 (1975). Courts take notice of how difficult it is to prepare and to circulate petitions. Frequently citizens, not skilled in the technical aspects of the law, prepare such petitions. Courts typically exercise extreme caution in ruling petitions out on mere technicalities and view petitions as the result of democracy working at the grassroots level. Consider working with the city attorney on handling any petition irregularities. B. Petitions with no legal effect A.G. Op. 472-O (Jul. 31, 1959). Citizens have the right to petition the city council on any issue. Such petitions may have a political effect but unless a state statute or city charter authorizes the petition, it has no legal effect. In other words, the council does not have an obligation to act on the petition, but it may certainly discuss the issue. VII. Ballot question special elections held by mail Minn. Stat. § 204B.46. Minn. R. 8210.3000. Secretary of State Mail Voting Guide. A city may hold a ballot question special election by mail. (This is a slightly different process than holding a regular election by mail.) The only required location for a polling place in a ballot question special election held by mail is the office of the county auditor or city clerk. No offices may be voted on. Notice of the election must be given to the county auditor at least 74 days prior to the election. The special mail ballot procedures must be posted at least six weeks before the election. Minn. Stat. § 204B.46. Minn. R. 8210.3000. Secretary of State Mail Voting Guide. The city clerk must mail ballots by non-forwardable mail to all registered voters in the city no earlier than 46 days or later than 14 days before a special election on a question. Minn. Stat. Ch. 203B. No later than 14 days before the election, the clerk must make another mailing of ballots to those voters who registered to vote after the initial mailing, but before the 20th day before the election. Eligible voters who are not registered at the time the ballots are mailed may still apply for ballots in the same manner that one applies for an absentee ballot under Chapter 203B. 20 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 13 Minn. Stat. § 204B.46. Minn. Stat. § 205.075, subd.4. Minn. Stat. § 205A.10. The clerk must appoint a ballot board. The board may consist of staff trained as election judges. Election judges must be from different major political parties unless the law provides otherwise. The ballot board examines the return envelopes and marks them “accepted” or “rejected” within three days of receipt if there are 14 or fewer days before the election, or within five days of receipt if there are more than 14 days before election day. Minn. Stat. § 204B.46. Minn. Stat. § 203B.121, subd. 4. If the ballot is accepted, the clerk must mark the roster to indicate the voter has cast a ballot in that election. After the close of business on the 19th day before the election, the accepted signature envelopes may be opened, duplicated as needed, initialed by the ballot board, and deposited in the ballot box. In all other respects, state election laws governing deposit and counting ballots applies. No vote totals may be made public before the close of voting on election day. Minn. Stat. § 204B.46. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the clerk must provide the voter with a replacement ballot and return envelope. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter’s ballot has been rejected. The official must document the attempts to contact the voter. VIII. Ballots Minn. Stat. § 204B.18, subd. 1(b). Help America Vote Act, Public Law 107-252, 301(a)(3)(B). Minn. Stat. § 204B.36, subd. 1. Secretary of State City Clerk Election Guide. Secretary of State Sample City General Election Ballot. Cities must use optical scan ballots for all elections, even if the city will hand count the ballots. Also, each precinct must have at least one assistive voting device, which allows voters with disabilities to vote independently. Assistive voting devices only read optical scan ballots. Because optical scan ballots must be used for the assistive voting device, and because every voter must use the same ballot, all cities must now use optical scan ballots for all elections. Minn. Stat. § 206.90, subd. 1. An optical scan voting system is an electronic voting system where the voter records votes by marking with a pencil or other device, including an electronic ballot marker, a ballot on which the names of candidates, office titles, party designation in a partisan primary or election, and a statement of any question accompanied by the words “Yes” and “No” are printed. Minn. Stat. § 206.90, subd. 6. Minn. Stat. § 204B.36, subd. 1. Minn. R. 8250.1810. When using an optical scan voting system, all offices and questions appear on the same ballot. The ballot must be printed in black ink on white paper except those marks not to be read by the automatic tabulating equipment may be printed in another color ink. 21 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 14 Ballots are no longer printed on blue or green paper. The paper used for ballots should be of sufficient weight to prevent the printing from being discernible from the back, as close as possible to thirty-pound paper. Secretary of State City Clerk Election Guide. Contact the county election official to coordinate ballot responsibilities. During state election years, the county auditor must coordinate city and township ballot preparation. The auditor provides specific instruction to cities as to ballot preparation. Minn. Stat. § 205.02, subd. 2. There are certain election law provisions that may not apply to charter cities, so charter cities should work with their city attorney on formatting the ballots. A. Ranked choice voting City of Bloomington Ranked Choice Voting. Ranked choice voting allows voters to rank their choices for each individual office. City of St. Louis Park Ranked Choice Voting. After first choice votes are counted, if no candidate has a majority of the votes (more than 50%), the candidate with the least number of first-choice votes is eliminated. For those voters that picked the eliminated candidate as their first choice, their second-choice vote would be counted instead. This process continues until one candidate has a majority. Ramsey County Elections Ranked Voting. An example of a ranked choice ballot is below. You pick your first choice by completely filling in the box next to that candidate’s name. If you have a second and third choice, you would repeat the first step. However, a voter is not required to have a second and/or third choice. In Minnesota, ranked-choice voting is currently approved for use in Bloomington, Saint Louis Park, Minnetonka, Saint Paul and Minneapolis for municipal elections. In order for a charter city to adopt Ranked Choice voting, the charter must be amended via ordinance or have it voted on by city residents. Statutory cities do not have the authority to implement ranked-choice voting. 22 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 15 B. Offices Minn. Stat. § 206.90, subd. 6. When more than one of the following offices is on the ballot, the offices must appear in this order: • FEDERAL OFFICES. • STATE LEGISLATIVE OFFICES. • CONSTITUTIONAL AMENDMENTS. • COUNTY OFFICES AND QUESTIONS. • CITY OFFICES AND QUESTIONS. • TOWN OFFICES AND QUESTIONS. • SCHOOL DISTRICT OFFICES AND QUESTIONS. • SPECIAL DISTRICT OFFICES AND QUESTIONS. • JUDICIAL OFFICES. Minn. R. 8250.1810. The name or number of the appropriate municipality, school district, or special district may be added directly under the types of offices. Election rules further spell out how this section of the ballot must be designed, as well as the order of offices and questions under each general category. Minn. R. 8250.1810. Minn. Stat. § 205.17, subd. 5. When a special election is held in conjunction with a regular election, the vacant offices must be listed with the offices of the same type but after any offices for which candidates will be elected for a full term. The names of the candidates to fill a vacancy in the office of a council member in a statutory city shall be listed under the separate heading “Special election for council member to fill vacancy in term expiring ........,” with the date of expiration of the term and any other information necessary to distinguish the office. Under the heading for the office of mayor shall be the words “To fill vacancy in term expiring .............” For charter cities, consult the charter to see if the charter provides the process for special election candidates to be placed on the ballot. If the charter is silent, the city may follow the provisions for statutory cities. Consult the city attorney for specific legal advice. Minn. R. 8250.1810. Under each of the offices listed above, one of the following instructions must be printed: • VOTE FOR ONE TEAM • VOTE FOR ONE • VOTE FOR UP TO . . . (followed by the number of candidates to be elected). Handbook, Election Procedures, Section V-H Ballots. Minn. Stat. § 204B.36, subd. 2. Minn. Stat. § 206.90, subd. 6. Below the instruction, the candidates’ names should be listed. Below the name of the last candidate for each office, there must be write-in lines equal to the number of candidates to be elected for that office, allowing voters to write in the names of persons not on the ballot. 23 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 16 . The line for write-in votes must contain the words “write-in, if any.” If no one has filed for an office, only write-in lines appear below the title of that office in a number equal to the candidates to be elected for that office. C. Questions Minn. R. 8250.1810. Ballot questions appear after offices on an optical scan ballot. The heading must read “CITY QUESTIONS” and be printed in uppercase letters. Below this caption, the instructions must read: “To vote for a question, fill in the oval next to the word “YES” on that question. To vote against a question, fill in the oval next to the word “NO” on that question.” Depending on the type of ballot used, the instructions may instead read: “To vote for a question, fill in the arrow next to the word ‘YES’ on that question. To vote against a question, fill in the arrow next to the word ‘NO’ on that question.” Minn. R. 8250.1810. When there is more than one question on the ballot, each question must be designated by a number. Each question must be labeled “CITY QUESTION” followed by the number assigned to the question. Minn. R. 8250.1810. The city clerk or council must also provide a title for each question on the ballot. The title must not contain more than 10 words. The city attorney must review the title to determine whether it accurately describes the question asked and the title cannot be used on the ballot until approved by the city attorney. The title must be printed in uppercase letters and must be printed above the question to which it refers. The body of the question must be printed in uppercase and lowercase letters. Minn. Stat. § 204B.36, subd. 3. Minn. Stat. § 206.90, subd. 6. Minn. R. 8250.1810. A concise statement of the question must be printed on the ballot. The words “yes” and “no” must be printed as close to their corresponding vote targets as possible. Be sure to check the statute that authorizes the ballot question to see if the statute specifies how the question must be asked. Minn. Stat. § 275.60. Any question submitted to the voters that authorizes issuing a general obligation bond, a property tax levy, or tax rate increase must include on the ballot the following notice, in bold type: “BY VOTING ‘YES’ ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE.” This statement is printed in addition to any other provisions that govern the contents of ballots questions. Where the question is about issuing debt obligations, the statement may be supplemented by a description of revenues pledged to payment of the obligations that are intended as the primary source of payment. Minn. Stat. § 275.61, subd. 1. Minn. Stat. § 275.61. Any ballot questions about a levy must state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied. 24 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 17 Appendix E: Sample question titles and language See Appendix E for sample language from common questions recently placed on the ballot by cities. D. Primary ballots Minn. Stat. § 200.02, subds. 3, 5. Handbook, Election Procedures. Secretary of State City Clerk Election Guide. Secretary of State Sample Primary Ballot. Some cities hold primary elections for city offices. In a primary election, voters choose the nominees for the offices to be filled at a general election. When a city with primaries holds a special election to fill a vacancy, a special primary may be necessary. Optical scan primary ballots are very similar to general election optical scan ballots. IX. After the election A. Ties Minn. Stat. § 204C.34. Under Minnesota law, when an election results in a tie, state law requires the canvassing board to declare the winner of the tie “by lot.” “By lot” means determining the winner of a tie by any game of chance in which both candidates have an equal chance of winning—like flipping a coin or drawing straws. B. Recounts Handbook, Election Procedures. Secretary of State City Clerk Election Guide. As with any election, a special election candidate may request a recount. Any candidate or voter may also contest the special election. A recount or contest of a special election should be handled in the same manner as a regular election contest Minn. Stat. § 204C.36, subd. 3. A discretionary recount may be conducted at city expense for a ballot question when the vote is close, meaning a difference between the votes for and the votes against the question is less than or equal to one-half of one percent of the total votes counted for that question or 10 votes or less when the number of votes cast on that question is 400 or less. Minn. Stat. § 204C.36, subd. 3. The recount may be requested by any person eligible to vote on the ballot question and must be accompanied by a petition signed by 25 voters also eligible to vote on the question. When the written request is received and the difference between the votes for and the votes against is less than that mentioned above, the city must recount the votes for the question at its own expense. If the difference is greater, the person requesting the recount must also file a bond, cash, or surety in an appropriate amount set by the council. The written request, petition, and any bond, cash, or surety must be filed during the time for notice of contest for the election for which the recount is requested. 25 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 18 C. Other procedures Handbook, Election Procedures. Minn. Stat. § 204B.40. Handbook, Records Management. General Records Retention Schedule for Minnesota Cities (2021). The same post-election steps and procedures that the city follows for general elections should also be followed for a special election. The city clerk must retain all special election materials returned to them after any election. All records and materials must be stored in a locked container or other secured and locked space. State law and the records retention schedule require retention of election materials for at least 22 months from the date of that election unless otherwise ordered by a court order. If someone challenges the results of a special election in an election contest, all materials involved must be retained for 22 months or until the contest has been finally determined, whichever is later. Abstracts filed by canvassing boards must be permanently retained by the officer with whom the abstracts are filed. Sealed envelopes containing voted ballots must be retained unopened, unless law otherwise provides. The ballots must be stored in a secure location. The clerk must not permit any voted ballots to be tampered with or defaced. X. Conclusion Conducting elections is one of the most important responsibilities local officials have, particularly city clerks. Working through both state election law and the specific statute authorizing a special election provides cities guidance on how to hold special elections and hear directly from local voters on city special election issues. 26 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 19 Appendix A: Special elections on questions required by law Topic Statute Procedure Other information Issuance of general obligation bonds (commonly called GO bonds). Minn. Stat. § 475.57-.59. When council resolves to issue such bonds it must submit the question to the voters at a general or special election. If it fails, the question must not be resubmitted for 180 days. Notice of election may contain one or more ballot question for acquisition, construction, or improvement of any facilities at one or more locations. Ballot question shall state maximum amount and purpose of the proposed bond issue. May city with municipal liquor store issue licenses to sell on-sale intoxicating liquor to hotels, clubs and restaurants. Minn. Stat. § 340A.601, subd. 5. Special election required before city can issue certain on-sale private licenses in cities with a municipal liquor store. Commonly known as “split liquor” election. (For sample ballot, see LMC information memo, Liquor Licensing and Regulation.) License to sell intoxicating liquor on Sundays. Minn. Stat. § 340A.504, subd. 3(c). City may issue Sunday liquor license only if vote on question passes at general or municipal election. See LMC information memo, Liquor Licensing and Regulation. Imposition of local sales tax permitted by special law. Minn. Stat. § 297A.99, subd. 3. Council adopts specific resolution on local sales tax. Question must be submitted to voters at general or special election before approval to collect the tax is requested from the state legislature. Increase or decrease number of city council members. Minn. Stat. § 412.02, subd. 6. Council must submit question to voters to increase or reduced the number on council to 7 or 5 members. Council adopts ordinance at least 60 days before the next regular city election. Ordinance must include a schedule of new elections and terms. Change effective if majority of those voting on the question are in favor of it. Combining cities. Minn. Stat. § 465.82. Minn. Stat. § 465.84. During 1st or 2nd year of cooperation, special election must be held on combination. Vote held according to general election law, on same day in each city. May repeat election once in following year if it fails. Charter election. Minn. Stat. § 410.10. Notice of election must contain complete charter; publish once a week for two successive weeks in the official newspaper or legal newspaper of general circulation. See statute for ballot question. Charter election must be held within 6 months of delivery of draft charter to council. If no general or city election, within 90 days of delivery of the draft charter. Construct, purchase or lease municipal gas, light power, or heat utility. Minn. Stat. § 412.321, subd. 2. Questions on the establishment of utility and bond questions may be combined or separated. Election may apply to a particular utility service or group of services. Law requires separate election for manufacture of gas or generation of electricity unless voters approved both generation or production and distribution within the last two years. Lease, sale of abandonment of municipal utility. Minn. Stat. § 412.321, subd. 4. Must submit ordinance or resolution to lease, sell or abandon to voters at general or municipal election. Approval requires 2/3 vote of those voting on the question. Election may apply to any specific part of utility as described in ordinance or resolution. City acquisition of a public utility. Minn. Stat. § 216B.45-.46. Council resolution effective only if ratified by voters at a special election. Election must be held not less than 60 or more than 120 days after council resolution. 27 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 20 Municipal utility in first class cities. Minn. Stat. § 452.11 - .12. City of first class must submit question to voters before acquiring or constructing any public utility. May submit question of certificates at same election. Council must pass ordinance stating question or proposal. Vote must occur within 30 days of ordinance passage. Municipal telecommunications services. Minn. Stat. § 237.19. Must submit question before purchase, acquisition or construction. Approval by majority of those voting unless proposal is to construct a new exchange where an exchange already exists, then 65% must approve. Additional tax levy pursuant to this law. Minn. Stat. § 275.73. Council shall provide for submission of question on additional levy at a general or municipal election. Notice of election must be given and must state purpose and maximum yearly amount of the additional levy. Tax levy for municipal airport. Minn. Stat. § 360.037. Must submit question on ordinance or resolution to voters unless bonds are authorized by a resolution of the city council adopted by a vote of not less than 60 percent of its members. Ordinance or resolution referred to must list amount of levy or bonds. Establishment of merit system. Minn. Stat. § 44.02. Any 2nd, 3rd or 4th class city must submit a question to voters on an ordinance establishing a merit system. See statute. Amendment to merit system. Minn. Stat. § 44.03. No police or fire civil service commission may, by ordinance, exclude a position unless 2/3 of voters so vote. See statute. 28 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 21 Appendix B: Statutorily authorized special elections called by council or petition Note: In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in Chapter 205. Some of the provisions in Chapter 205 do not apply in charter cities if the charter specifically addresses them. Minn. Stat. 205.02, subd. 2. Topic Statute Procedure1 Percentage of voters required on petition Other information Fate of municipal liquor store with net loss in any 2 of 3 consecutive years. Minn. Stat. § 340A.602. Council motion or upon sufficient petition council shall submit question to voters. 5% of registered voters. See statute for ballot question form. Continue or discontinue municipal liquor store within 30 months of election, according to results. Additional on-sale liquor licenses above statutory limit. Minn. Stat. § 340A.413, subd. 3(a). Council decision to submit question to voters. 30% of voters in last city election or 200 registered voters residing in the city whichever is less. See statute for ballot question form. Clerk must certify results of a referendum within ten days of the election. Issuing intoxicating liquor licenses. Minn. Stat. § 340A.416. Upon sufficient petition, council must submit question to voters. 30% of voters in last city election or 200 registered voters residing in the city whichever is less. See statute for ballot question form. Clerk must certify results of a referendum within ten days of the election. Abolition or transfer of a statutory city utilities commission. Minn. Stat. § 412.391. Council decision or upon sufficient petition council must submit question to the voters. 15% of the electors voting at the last previous city election. See statute for ballot question form. Adoption or abandonment of an optional plan A or B form of government. Minn. Stat. § 412.551. Council decision or upon sufficient petition council must submit question to the voters. 2 15% of the electors voting at the last previous city election. See statute for ballot question form. City clerk must file certificate of election (including question submitted and vote on question) with county auditor and secretary of state. Authorization or revocation of a tax levy for a municipal band, orchestra or chorus. Minn. Stat. § 449.10 –.13. Upon sufficient petition, council must submit question to voters. Authority may be revoked by same process. 10% of voters from last general municipal election. See statutes for ballot question form. 1 Council may initiate many of these actions and act as prescribed by the various statutes citied. However, if a sufficient pet ition is submitted the council generally must put the question to voters on a separate ballot in a municipal election. 2 City must wait three years after adoption of plan A or B before submitting question to voters proposing abandonment of either plan. 29 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 22 Dissolution of a city. Minn. Stat. § 412.091. Voters petition of Office of Strategic and Long-Range Planning (now the Chief Administrative Law Judge).3. If sufficient, director holds hearing orders election. 1/3 of those voting in the last preceding city election. The ballots used at such election shallbe substantially in the following form: “Shall the city of …be dissolved?”. See statute for additional procedures. Charter amendment. Minn. Stat. § 410.12. Charter commission motion or upon sufficient petition charter, commission must submit question on amendment. 5% of the total votes cast at the last previous state general election in the city. Many procedural requirements in the law. See statute and Chapter 4 of the Handbook for Minnesota Cities. Abolition of police civil service commission. Minn. Stat. § 419.16 –.17. Sufficient petition initiates election on question to abolish. 25% of voters in last general city election. See statute for ballot question. Commission abolished only if two-thirds of votes cast in election are in favor of abolishment. Abolition of firefighter’s civil service commission. Minn. Stat. § 420.14 -.15. Upon sufficient petition - unless commission has existed for 8 years continuously. 25% of voters in last general city election. See statute for ballot question. Commission abolished only if two-thirds of votes cast in election are in favor of abolishment. Abandonment of merit system. Minn. Stat. § 44.16. Council may initiate or upon sufficient petition, council must submit question to voters. 25% of electors voting at the last general municipal election. See statute for ballot question. Requires majority vote to abolish unless board supplanted a police or firefighter's civil service commission – then two-thirds vote to abolish required. City consolidation. Minn. Stat. § 414.041. Council resolution of each affected city or upon sufficient petition council must submit question to voters. A number equal to 5% of resident voters who voted for governor at the last general election. See statute for information petition must include regarding the consolidation and names of parties entitled to mailed notice; Petitioners serve copies of the petition or resolution on all of the included municipalities. Resolution to create a hospital district. Minn. Stat. § 447.31, subd. 3. Council of each city so resolves or upon sufficient petition council must hold special election within 30 days of petition filing. 10% of the number of voters voting at the last general election. See statute for ballot language. Petition must present text of proposed resolution and request an election. Special election may be held at a regular municipal election that falls within the 30-day period. Separate assessment and election districts from town. Minn. Stat. § 412.081, subd. 2. Council motion or upon sufficient petition council must submit question to voters. 25% of those voting at the last preceding city election. Election judges present certificate of result to council. Clerk must file certificate with the county auditor and, if vote to separate prevails, with the secretary of state. Separation takes effect 30 days from date of election. 3 In 2003, Reorganization Order No. 188, transferred all functions of the Director of the Office of Strategic and Long Range Pl anning pertaining to municipal boundary adjustments, to the Department of Administration. In 2005, Department of Administration Reo rganization Order No. 192, transferred all functions to the Commissioner of Administration to the Office of Administrative Hearings. The Chief Administr ative Law Judge is the ultimate decision-maker in boundary adjustment proceedings. 30 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 23 Discharging a charter commission. Minn. Stat. § 410.05, subd. 5. Petition requesting a referendum to discharge the charter commission is filed with city clerk. At least 5 % of the registered voters in the city. Commission is discharged if a majority of the votes cast support the referendum. Another charter commission may not be formed sooner than one year from the date of discharge. Establishing public library service (alternative to Minn. Stat. 134.07). Minn. Stat. § 134.08, subd. 1. Upon sufficient petition, council must submit question of establishment or provision of public library services to the voters at the next general election. Not less than 5 % of the number of persons who voted at the last general election in the city or county. If a majority of the votes cast on the question are in the affirmative, the governing body shall establish the library or shall provide public library service and levy an annual tax for its support. Discontinuing public library service. Minn. Stat. § 134.08, subd. 2. Upon sufficient petition, the question of discontinuance of public library service shall be placed on the ballot at the next general election. Not less than 5 % of the number of persons who voted at the last general election in the city or county. Only applies if the public library service was established under Minnesota Statute § 134.08, subd. 1. If a majority of the votes cast on the question are in the affirmative, the library service is discontinued. Starting mosquito abatement program. Minn. Stat. § 18G.14, subd. 3. Upon sufficient petition, council must hold public hearing. If council does not adopt resolution to start program within 15 days, council must order a vote to be taken at next regular election. 5% or 250 property owners whichever is less. Ballot must read “"Shall the (governmental unit) of ....... engage in mosquito abatement?" If a majority votes in favor, the council must take appropriate mosquito abatement actions as soon as possible. If the proposal is rejected, the question must not be resubmitted to voters for 2 years. Discontinuing mosquito abatement program that began after election. Minn. Stat. § 18G.14, subd. 4, 5. Upon sufficient petition, council must hold public hearing. If council does not adopt resolution to discontinue program within 15 days, the council must order a vote to be taken at next regular election. 5% or 250 property owners whichever is less. The ballot must read "Shall the (governmental unit) of ....... discontinue mosquito abatement?" If a majority votes in favor, the council must take appropriate actions to discontinue mosquito abatement as soon as possible. If the proposal is rejected, the question must not be resubmitted to voters for 2 years. 31 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 24 Appendix C: Statutorily permitted special elections Topic Cite Procedure Other information Special (local) laws.4 Minn. Stat. § 645.021, subd. 2. Council may submit to voters question on adopting special law. City must file certificate with secretary of state before first day of next regular legislative session. Certificate must state facts necessary to validate approval, including a copy of the resolution or if submitted to the voters, votes for and against. Changing city name. Minn. Stat. § 413.02. When 20% of voters petition for name change, council may submit question to voters at general or special election. City may by ordinance change the name if majority vote in favor of changing city name. Applies to charter and statutory cities. Funding community hospital from municipal liquor funds. Minn. Stat. § 447.045. Council may submit question to voters on contributing from city liquor store funds toward acquisition, construction, improvement, maintenance and operation of community hospital. Held at a general or municipal election. Divert public works reserve fund. Minn. Stat. § 471.57, subd. 3. Council may submit question to divert funds for other purpose. Must state how funds will be used. 4 See INFORMATION BRIEF: Minnesota House of Representatives Research Department, Special Legislation. 32 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 25 Appendix D: Council action subject to reversal by voters Action Cite Procedure Percentage of voters required on petition Other information Council adopts ordinance increasing initial council salaries. Minn. Stat. § 412.021, subd. 5. Voters must submit petition within 10 days of ordinance publication. 10% of the number of voters at the incorporation election. Held at general or special election. If councils of 2 or more cities resolve to consolidate. Minn. Stat. § 414.041, subd. 6. Special election required where councils of combining cities approve consolidation but voters petition to vote on the action. Number equal to 10% of voters who voted for governor at the last general election. Petition must be submitted within 90 days of vote to consolidate or date of final order, whichever is later. Council adopts charter amendment by ordinance. Minn. Stat. § 410.12, subd. 7. Minn. Stat. § 410.12 Petition submitted within 60 days of passage and publication of ordinance. At least 5 % of the registered voters in the city or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. Council adopts ordinance to change year of city election. Minn. Stat. § 205.07, subd. 3. Within 180 days after passage and publication of ordinance, petition requesting a referendum on the ordinance may be filed with city clerk. 10% of total number of votes cast at the last municipal general election. Special election must be held within 60 days. Council action to buy real property where contract price on certain contracts exceeds 0.24177 percent of the estimated market value of the city. Minn. Stat. § 412.221, subd. 2. Special election must be held if, after publication of council resolution to purchase property by such contract, voters petition for an election the action. Number equal to 10% of the number of voters at the last regular city election. If council resolves to issue certificates of indebtedness in an amount that exceeds 0.25 percent of the estimated market value of taxable property in the city. Minn. Stat. § 412.301. Special election must be held if, after publication of council resolution to issue such certificates, voters petition for an election on the action. A number of voters equal to 10% of those voting at the last regular municipal election. A majority of the voters must approve a question on issuance of such certificates at a regular or municipal election. If a city council passesa resolution to issue bonds to fund or refund bonds where the outstanding gross debt as defined in law exceeds 1.62% of its estimated market value. Minn. Stat. § 475.58, subd. 2. Special election must be held if, after publication of council resolution to issue such bonds, voters petition for an election on the action. 10 voters must submit petition for an election on issuing the bonds within ten days after the second publication of the resolution. City shall issue no such bonds unless a majority of the electors approve the action. If a city council passes a resolution to issue bonds for street reconstruction. Minn. Stat. § 475.58, subd. 3b. City may issue bonds only after successful vote on the question to issue same. 5% of votes cast in last general city election. Petition must be filed with city clerk within 30 days of public hearing. City council passes a resolution-increasing levy for port authority over statutory amount of 0.01813% of estimated market value. Minn. Stat. § 469.053, subd. 5. Law requires specific published notice, public hearing and 2nd published notice. Petition for election must come within 30 days of 2nd notice. 5% of voters in the last general election. Commissioner of revenue prepares suggested form of question. Referendum must occur at municipal or general election before Oct. 1 of applicable tax year. 33 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 26 City council passes a resolution-increasing levy for economic development over statutory amount of 0.01813% of estimated market value. Minn. Stat. § 469.107, subd. 2. Law requires specific published notice, public hearing and 2nd published notice. Petition for election must come within 30 days of 2nd notice. 5% of voters in the last general election. Notice of election must state the purpose and amount of the levy. The election must be held at a general or municipal election. Any two or more cities and towns pass resolution by 2/3 vote of council members to create a hospital district.5 Minn. Stat. § 447.31. Resolution takes effect in 40 days unless, in that time, a petition for a referendum is filed with the city. 5% of the number of voters voting at the last election of officers. City council votes to establish, by a two-thirds vote of all its members, by ordinance or resolution an infrastructure replacement reserve fund and may levy for such fund. Minn. Stat. § 471.572, subd. 2. Resolution or ordinance takes effect unless, within 10 days, a petition for an election is filed with the clerk. A number of qualified voters greater than 10% of the number who voted in the city at the last general election. Vote held at regular or municipal election. See statute for publication and notice requirements. City council passes by 3/5 vote6 to issue capital improvement bonds for specific purposes. Minn. Stat. § 475.521, subd. 2(c). Published notice and public hearing required. Petition for election must come within 30 days after hearing. 5% of votes cast in last general city election. Cannot issue bonds after receiving petition until approved by a majority vote. 5 Except a city of the first class. See Minn. Stat. § 4447,31, subd. 1. 6 In the case of a governing body having more or less than five members, the bonds must be approved by a vote of at least two -thirds of the members of the governing body. Minn. Stat. § 475.521, subd. 2. 34 League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 27 Appendix E: Sample question titles and language Note: These samples are actual ballot questions used by cities in recent years. It is not an all- inclusive list of language for all types of ballot questions. These samples are intended to be a starting point only and each city should consult with its city attorney to ensure the legality and appropriateness of the language drafted. Topic Title Language Issuing GO Bonds Acquisition and Betterment of an Aquatic Facility Shall the City of Byron, Minnesota be authorized to issue its general obligation bonds in an amount not to exceed $9,100,000 to finance the acquisition and betterment of an aquatic facility? "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. Issuing GO Bonds Approval of City Park Bond Issue Shall the City of Lakeville be authorized to issue its general obligation bonds in the amount not to exceed $38,000,000 to develop recreational trails, construct new community park facilities, improve existing parks and athletic courts, construct an outdoor ice sheet at Hasse Arena, and make improvements to arts and environmental learning centers? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. Issuing GO Bonds Issuance of Bonds for Reconstruction of Certain Streets On July 23, 2018, the City Council of the City of Lake Shore gave preliminary approval for the issuance of up to $1,595,000.00 in general obligation bonds (the "Bonds") to finance the reconstruction of certain roads in the City including Point Narrows Road, Whitst rom Road, Pohl Road, Bass Lake Road, Bass Lake Trail, Birchwood Hills, Timber Lane, Gullwood Road, Schaefers Point Road and Jacobs Road (the "Street Reconstruction Projects"). Shall the City of Lake Shore be authorized to issue its Bonds, including any bonds to refund such Bonds, in an amount not to exceed $1,595,000.00 to provide funds to finance the Street Reconstruction Projects? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE Issuing GO Bonds Parks and Recreation Improvements General Obligation Bonds In the City of St. Cloud, shall general obligation bonds be issued in a principal amount not to exceed $20,000,000 to provide funds to improve and develop recreational trails, neighborhood and community parks, improve and enhance park quality, access and safety, activate residents through improvements, amenities, maintenance and operations to existing parks, special use facilities, natural areas and recreational facilities for children, adults, families and seniors? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. Sales Tax Imposition of Sales Tax for Police Facility Shall the City of Detroit Lakes, Minnesota be authorized to impose a temporary sales and use tax of one-half of one percent for a period of approximately ten years or until approximately $6,700,000, plus an amount equal to interest and the costs of issuing any bonds is raised, to finance all or a portion of the costs of construction of the new Detroit Lakes Police Department Facility to be located in the City; provided that such tax shall terminate sooner if the City Council determines that all such costs have been paid? Sales Tax West St. Paul Sales and Use Tax Shall the City of West St. Paul, Minnesota be authorized to impose a sales and use tax of one- half of one percent (0.5%) to finance street projects identified in the City's Pavement Management Plan? Sales Tax Proposed Scanlon Sales Tax Shall the City of Scanlon, Minnesota (the "City") be authorized to impose a sales and use tax of one-half percent (0.5%) to finance the cost of city street improvements, and utility infrastructure? Sales Tax Sales and Use Tax for the Municipal Athletic Complex In the City of St. Cloud, shall the proceeds of a one-half of one percent sales and use tax be collected for a period of five years to fund up to $21,100,000 of improvements and renovations to the Municipal Athletic Complex? 35 League of Minnesota Cities Model Ordinance:5/31/2023 Providing for Special Elections to Fill Council Vacancies Page 1 Providing for Special Elections to Fill Council Vacancies, LMC Model Ordinance League staff thoughtfully develops models for your city’s consideration. Models should be customized as appropriate for an individual city’s circumstances in consultation with the city’s attorney. Helpful background information on this model may be found in the Information Memo “City Special Elections.” This icon marks places where the city must customize the model. They offer additional provisions, optional language, or comments for your consideration. The icon, and language you do not wish to include, should be deleted from this model before use. Make other changes, as needed, to customize the model for your city. ORDINANCE NO. _____ This is an optional ordinance that calls for special elections to be held at a time other than a general election. If a city must hold a special election to fill a long-term vacancy there are two options. First, the city can hold the special election to fill a vacancy on council at the same time as the next regular city election. This seems to be the most common scenario. Second, the city may hold a special election before the next general election. To do so, the city council must adopt an ordinance that specifies under what circumstances this will be done. There are two options for this type of ordinance. One way is to pass an ordinance that will apply to all future special elections. This model ordinance is intended to address this situation. The other way is to pass an ordinance that applies only to one particular special election. This model ordinance may be modified to fit this purpose. AN ORDINANCE PROVIDING FOR SPECIAL ELECTIONS TO FILL CERTAIN VACANCIES IN ELECTED OFFICES AT TIMES OTHER THAN THE REGULAR CITY GENERAL ELECTION The City Council of _____, Minnesota ordains: SECTION 1. DEFINITIONS For the purposes of this ordinance, the following terms shall have the following meanings: City.The City of __________, County of __________, State of Minnesota. General Election.A “general election” is an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. Special Election.A “special election” is an election held at any time to fill vacancies in public offices. 36 League of Minnesota Cities Model Ordinance:5/31/2023 Providing for Special Elections to Fill Council Vacancies Page 2 Vacancy.A vacancy occurs for the reasons stated in Minnesota Statute Section 351.02 or other state law. SECTION 2. APPOINTMENT TO VACANCY Pursuant to Minnesota Statute § 412.02, subd. 2a, a person shall be appointed to fill the vacancy until the special election is held and the winner of the special election is qualified to take office. SECTION 3. SPECIAL ELECTION TIMING If a vacancy occurs and a special election to fill the unexpired term is required pursuant to Minnesota Statute Section 412.02, subd. 2a,and there are more than ____days until the next general election, then the special election to fill the vacancy shall be held prior to the general election,but no later than ____days after the date of the vacancy. The special election must be held on one of the uniform election dates pursuant to Minn. Stat. 205.10, subd. 3a. SECTION 4. REPEAL Ordinance Number (number of ordinance), (title of ordinance), adopted on __________, ______is repealed. This section is only necessary if a prior ordinance needs to be repealed. If there is no prior ordinance, delete this section. SECTION 5. SEVERABILITY If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 6. EFFECTIVE DATE This ordinance becomes effective upon passage and publication. Passed by the City Council of _______, Minnesota this _____day of Month, Year. ___________________ Mayor Attested: ____________________ City Clerk 37 1 ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PROVIDING FOR SPECIAL ELECTIONS TO FILL CERTAIN VACANCIES IN ELECTED OFFICES AT TIMES OTHER THAN THE REGULAR CITY GENERAL ELECTION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Title I, Chapter 6 shall be amended by adding the underlined language to read as follows: Sec. 6-2. Definitions For the purposes of this section, the following terms shall have the following meanings: City The City of Orono, County of Hennepin, State of Minnesota. General Election A “general election” is an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. Special Election A “special election” is an election held at any time to fill vacancies in public offices. Vacancy A vacancy occurs for the reasons stated in Minnesota Statute Section 351.02 or other state law. Sec. 6-3. Appointment to vacancy Pursuant to Minnesota Statute § 412.02, subd. 2a, a person shall be appointed to fill the vacancy until the special election is held and the winner of the special election is qualified to take office. Sec. 6-4. Special election timing If a Council vacancy occurs and a special election to fill the unexpired term is required pursuant to Minnesota Statute Section 412.02, subd. 2a, and there are more than 365 days until the next general election, then the special election to fill the vacancy shall be held prior to the general election. The Council may by resolution establish the dates of filing affidavits of candidacy for the office, the time for absentee balloting, and the dates of the special election, as well as other provisions for the effective administration of the elections. The special election must be held on one of the uniform election dates pursuant to Minn. Stat. 205.10, subd. 3a. Sec. 6-5. Severability If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 38 2 SECTION 2. EFFECTIVE DATE:This ordinance shall take effect immediately upon its passage and publication. ADOPTED this _____ day of _____, 2025 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ___________________________________________________________ Christine Lusian, City Clerk Bob Tunheim, Mayor Ordinance published in The Laker Pioneer newspapers the week of ________, 2024. 39 Date: January 27, 2025 Item: 3 Presenter: Adam Edwards, City Administrator / Engineer Section: Work Session Item Title: Council Code of Conduct 1.Purpose: The purpose of this item is to discuss the development of a code of conduct for the Orono City Council. 2.Background: The council has expressed an interest in developing a code of conduct to govern its behavior. The Minnesota Mayors handbook has a sample code of conduct and statement of values (Exhibits A and B). In addition examples from other Minnesota cities are included at Exhibits C and D. 3.Staff Recommendation: I recommend Council discuss example codes of conduct and provide guidance on what they would like to see included in one for Orono. Staff can then prepare a draft for further discussion at a future work session. AGENDA ITEM Exhibits A. Code of Conduct Pages from Minnesota-Mayors-Handbook.pdf B. Sample Statement of values from Minnesota-Mayors-Handbook-3.pdf C. City of Red Wing City Council and City Advisory Boards and Commissions_202403121401056404.pdf D. Edina City Council Code of Conduct.pdf 40 MINNESOTA MAYORS HANDBOOK 74 Appendix G: Sample Code of Conduct Created by the League of Minnesota Cities Ethics Advisory Panel – October 2009; Revised December 2017 ___.01. Purpose. The City Council of the City of _____ determines that a code of conduct for its members, as well as the members of the various boards and commissions of the City of _____, is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the City Council hopes to promote the faith and confidence of the citizens of _____ in their government and to encourage its citizens to serve on its council and commissions. ___.02. Standards of conduct. Subd. 1. No member of the City Council or a city board or commission may knowingly: a. Violate the Open Meeting Law. b. Participate in a matter that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person’s public position to secure special privileges or exemptions for the person or for others. d. Use the person’s public position to solicit personal gifts or favors. e. Use the person’s public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action. g. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the City Council. h. Disclose information that was received, discussed, or decided in conference with the city’s legal counsel that is protected by the attorney-client privilege unless a majority of the City Council has authorized the disclosure. i. Represent private interests before the City Council or any city committee, board, commission, or agency. (optional) Subd. 2. Except as prohibited by the provisions of Minn. Stat. § 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that 41 MINNESOTA MAYORS HANDBOOK 75 would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the City Council under the circumstances described under Minn. Stat. § 471.88, if proper statutory procedures are followed. ___.03. Complaint, hearing. Any person may file a written complaint with the city clerk alleging a violation of the standards of conduct in section .02. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the council’s own volition. A hearing must be held only if the City Council determines: 1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally recognized conflict of interest, and 2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council’s determination must be made within 30 days of the filing of the allegation with the city clerk. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council’s determination. At the hearing, the person accused must have the opportunity to be heard. If, after the hearing, the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office. 42 MINNESOTA MAYORS HANDBOOK 70 Appendix F: Sample Statement of Values Created by the League of Minnesota Cities Ethics Advisory Panel – October 2009; Revised December 2017 Preamble The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of _____ has adopted this Statement of Values to promote and maintain the highest standards of personal and professional conduct in the city’s government. All (select: elected and appointed officials, city employees, and volunteers) are required to subscribe to this statement, understand how it applies to their specific responsibilities, and practice its (number) core values in their work. Because we seek public confidence in the city’s services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this statement. The values As a representative of the City of _____, 1. I serve the public interest. 2. I fulfill the duties and responsibilities of holding public office. 3. I am ethical. 4. I am professional. 5. I am fiscally responsible. 6. I am conscientious. 7. I communicate effectively. 8. I am collaborative. 9. I am forward thinking. 10. I am ____________. Value examples/expressions 1. I serve the public interest. In practice, this value means that: a. I provide courteous, equitable, and prompt service to everyone. b. I am attuned to and care about the needs and issues of citizens, public officials, and city workers. c. I am interested, engaged, and responsive in my interactions with constituents. d. I recognize and support the public’s right to know the public’s business. 2. I fulfill the duties and responsibilities of holding public office. In practice, this value means that: a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good. 43 MINNESOTA MAYORS HANDBOOK 71 b. I faithfully discharge the duties of my office regardless of my personal considerations, recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the state of Minnesota and carry out impartially the laws of the nation, state, and municipality and thus foster respect for all government. d. I comply with both the letter and the spirit of the laws and policies affecting operations of the city. e. I recognize my obligation to implement the adopted goals and objectives of the city in good faith, regardless of my personal views. f. I conduct myself in both my official and personal actions in a manner that is above reproach. g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public. h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions. 3. I am ethical. In practice, this value means that: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am reliable. c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria. f. I oppose all forms of harassment and unlawful discrimination. g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information. i. I avoid giving the appearance of impropriety and of using my position for personal gain. 4. I am professional. In practice, this value means that: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude, contributing to a supportive, respectful, and non-threatening work environment. c. I keep my professional knowledge and skills current and growing. d. I am respectful of all city staff, officials, volunteers, and others who participate in the city’s government. 5. I am fiscally responsible. In practice, this value means that: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the city, especially its financial stability. 44 MINNESOTA MAYORS HANDBOOK 72 b. I demonstrate concern for the proper use of city assets (e.g., personnel, time, property, equipment, funds), follow established procedures, and do not use public resources for personal gain. c. I make decisions that seek to preserve the financial capacity of the city to provide programs and services for city residents. d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters. e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware. 6. I am conscientious. In practice, this value means that: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short- and long-term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established city processes and guidelines. d. I prioritize my duties so that the work of the city may move forward. e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials prior to the meeting. 7. I communicative effectively. In practice, this value means that: a. I convey the city’s care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialogue. c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately, which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal comments not germane to the business at hand. e. I follow up on inquiries in a timely manner. f. I encourage and facilitate citizen involvement in policy decision-making. g. I am respectful in disagreements and contribute constructively to discussions on the issue. 8. I am collaborative. In practice, this value means that: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals. b. I share information with others in a timely manner so that, together, we can make informed decisions. c. I work toward consensus building and gain value from diverse opinions. d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. 45 MINNESOTA MAYORS HANDBOOK 73 9. I am forward thinking. In practice, this value means that: a. I promote intelligent, proactive, and thoughtful innovation in order to advance the city’s policy agenda and provide city services while considering the broader regional, statewide, national, and international implications of the city’s decisions and issues. b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate. c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and effective service. d. I consider the potential long-term consequences and implications of my actions and inactions. 46 City of Red Wing City Council and City Advisory Boards and Commissions Code of Conduct City of Red Wing City Code SECTION 2.15. CODE OF CONDUCT. Subd. 1. Purpose. The purpose of this code is to preserve the integrity of local government and to promote public confidence in the actions of the Mayor and City Council and the members of advisory boards and commissions. The Mayor and City Council of the City of Red Wing determines that a code of conduct for its members, as well as the members of the various advisory boards and commissions of the City of Red Wing, is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the City Council promotes faith and confidence by the citizens of Red Wing in their government. The City encourages citizens to serve on its council and boards and commissions or run for an elected office. Subd. 2. Standards of Conduct. Elected officials and City advisory board or commission members shall respect and comply with the law and shall behave in a manner that promotes public confidence in government. In their official capacity, the Mayor and members of the City Council and all appointed board and commission members must be patient, dignified and courteous to each other, members of the public and staff. The City Council, boards and commissions shall require similar conduct from persons appearing before them. Specific prohibited actions are listed below: a. Violate the open meeting law and/or make decisions outside of a public meeting. b. Participate in a matter that is before the city council or relevant board that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person’s public position to secure special privileges or exemptions for the person or for others. d. Use the person’s public position to solicit personal gifts or favors. e. Use the person’s public position for personal gain. f. Violate the gift law that applies to elected and appointed City officials as set forth in Minnesota Statutes section 471.895, as amended. g. Disclose to the public or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the City Council or committee. h. Disclose information that was received, discussed, or decided in conference with the City’s legal counsel that is protected by the attorney-client privilege unless a majority of the City Council has authorized the disclosure. 47 i. Use the City logos for personal or private benefit or modify the logos in any way not approved by the logo manual. Elected and appointed officials are not permitted to use City logos or emblems when engaging with the public unless the official has obtained approval from the appropriate Council, board or commission. The appearance of City logos can confuse the public into believing that views or opinions expressed constitute the position of the City. The use of City logos is further governed by the City Logo Guide. j. Hold incompatible offices. No elected person can be a full-time employee of the City, and part-time positions must be analyzed for compatibility of the two positions. k. Represent through written or oral means as an elected or appointed member of the body, a position that is in conflict to that of the City Council, board or commission, or a position that is premature to an action before the City Council, board or commission without clearly stating that the position is their own position and not the position of the City. l. Use the person’s elected or appointed position to impede the efficiency of the body’s decision-making. m. Encourage or participate in the manner that erodes order and decorum at a meeting. Except as prohibited by the provisions of Minnesota Statute Section 471.87, there is no violation of item b. of this section for a matter that comes before the council, board, or commission, if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with an elected or appointed official under the circumstances described under Minnesota Statute Section 471.88, if proper statutory procedures are followed. Subd. 3. Standard of Conduct — Ex Parte Communication. An ex parte communication means an oral or written, off the record communication made between an interested party (such as an applicant or citizen in favor/opposition to a proposed application/project) and elected leaders, board members, and commissioners outside of a public meeting, intended to influence a decision. Ex parte communications may present a concern in the context of quasi-judicial actions (where the government body takes action based on a prescribed standard that affects an individual or small group of citizens, such as whether to grant a conditional use permit) as compared to legislative actions (where the action affects the population as a whole, such as whether to amend the zoning code). Additional examples of quasi-judicial actions are whether to grant a variance or a special use permit, and an appeal to the City Council of the Heritage Preservation Commission's decision not to grant a Certificate of Appropriateness. Elected leaders, board members, and commission members should not engage in ex parte communications in quasi-judicial actions because of the concern about the appearance of impropriety and potential for public body's decision to be verturned by a court of law if the ex parte communication led to a biased decision. Avoiding ex parte communication in quasi-judicial actions allows each decision maker to be given the same information at the same time, on which to make a decision. 48 Subd. 4. Complaint, Hearing. Any person may file a written complaint with the City Clerk alleging a violation of the aforementioned standards of conduct. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the Council's own volition. A hearing must be held only if the City Council determines (1) upon advice of the City attorney, designee, or other attorney appointed by the Council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council’s determination as to whether to hold a hearing must be made within 30 days of the filing of the allegation with the City Clerk, if possible. The Council may grant an extension to this 30-day timeline if additional time is needed to adequately investigate the complaint. If the Council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council’s determination. The purpose of the hearing is to provide the person accused with the opportunity to be heard. If, after the hearing, the Council finds that a violation of a standard has occurred or does exist, the Council may, at the same meeting or a future meeting, censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, remove an appointed member of a board or commission from office, and/or any other action within the Council’s authority that the Council deems appropriate. 49 1 Edina City Council – Code of Conduct Contents Introductory Pledge ............................................................................................................................................ 2 Compliance and Enforcement ............................................................................................................................. 2 Comply with the Law ........................................................................................................................................... 2 Roles of Council, Staff and Commissions ............................................................................................................ 3 Working with Staff .......................................................................................................................................... 4 Working with Boards/Commissions ................................................................................................................ 5 Working with the Community ............................................................................................................................. 5 Intergovernmental Relations .............................................................................................................................. 6 50 2 Introductory Pledge Edina residents and businesses deserve a fair, ethical and accountable local government which earns the public’s full confidence for integrity. Recognizing these goals, the Code of Conduct is established for all elected officials of the City of Edina. As a member of the Edina City Council I agree to uphold the Introductory Pledge for elected officials adopted by the City Council and conduct myself by the following model of behavior. I will: • Comply with the law, including o Staying within the City Council’s authority o Following the open meeting, gift, and conflict of interest laws • Respect City Council roles and responsibilities when working with staff, Boards and Commissions • Be consistent in policy and respect process • Fulfill the Council’s fiduciary responsibility to act in the best interest of the City, and all of its residents, both financially and legally by: o keeping the common good as the highest purpose to focus on achieving constructive solutions for the public benefit o not disclosing private or confidential information of the City, or using that information to advance personal interests o protecting City interests and liability by following advice of legal counsel Compliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected for members of the Edina City Council. Members themselves have the primary responsibility to assure the public that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. We will hold ourselves and each other accountable and when there is a suspected violation of the law, we will discuss with the City Manager. Comply with the Law Members shall comply with the applicable federal laws, state laws, and city ordinances in the performance of their public duties. Authority In statutory cities, powers are granted to the Council as a whole, and not to individual members. Mayoral Role According to MN Statute 412.191 the Mayor is a full member of the council in addition to: • Act as presiding officer of meetings (Subd. 2) • Represent the City ceremoniously • Execute official documents (Subd. 4) Open Meeting Law (OML) Public deliberations and processes shall be conducted openly and in a transparent manner. The Minnesota Open Meeting Law (Chapter 13D) requires that meetings of governmental bodies generally be open to the public in order to: 51 3 • 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 • Assure the public’s right to be informed and observe public meetings The Minnesota Supreme Court has noted that meetings of less than a quorum of a public body held serially to avoid a public meeting or to fashion agreement on an issue of public business may violate the open meeting law. Gift/Donations Gifts from Interested Persons: Under MN Statute 471.895, Council Members may not receive gifts from any “interested person” in conjunction with their City Council duties. • A “gift” is defined as money, real or personal property, a service, loan, a forbearance or forgiveness of debt, or a promise of future employment, that is given and received without the giver receiving something of equal or greater value in return • "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make o Virtually every resident or person doing business in the City could have a direct financial interest in a decision • See statute for exemptions Gifts to the City: Council Members can recommend acceptance of general gifts through the City’s donation policy. All gifts to the city must be accepted by City Council resolution. Logo Members shall not use the City’s name or logo for the purpose of endorsing any political candidate or business. Conflict of Interest Conflict of interest is when any member who has a “financial interest” in, or who may receive a financial benefit as a result of, any action or if there is potential for the appearance of conflict of interest. Questions about a potential conflict of interest shall be discussed with the City Manager. Contractual Conflict of interest: (MN Statute 471.87, with exceptions in MN Statutes 123B.195 and 471.88) A public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Non-contractual Conflict of interest: Non-contractual matters may include such things as Council decisions on zoning, local improvements, and the issuance of licenses. Although not generally prohibited by state law, an interested Council Member most likely should abstain from participating in the council discussion and from voting on these issues. Members who have a potential conflict of interest shall: • Disclose the conflict of interest to the group, and • Abstain from the Council discussion debate and vote Roles of Council, Staff and Commissions We are all part of a team committed to the residents of Edina both today and in the future. To be effective we must come to meetings with an open mind, think strategically about City issues and delegate details of implementations to staff. We will strive to maintain a culture of trust, respect and candor as a Council and when working with staff and Boards/Commissions. 52 4 City Council City Manager & Staff Advisory Boards, Commissions, Task Forces • Make policy-level decisions • Hire & supervise City Manager • Approve o Budget and related work plan o Ordinances and policy decisions o Development proposals o Variances and rezoning requests • Appoint representatives to advisory boards and commissions • Provide best efforts and technical advice to Council • Manage operations and staff • Propose budget and policies • Carry out Council decisions • Deliver services • Equitably enforce codes & policies • Provide community perspective • Propose work plan items • Advise the Council through Work Plan “Charges” • Hold hearings as directed by Council • Assist as directed in work plan with engagement efforts Respectful Behavior Members should STRIVE TO: • Treat people with courtesy, politeness, and kindness • Encourage others to express their opinions and ideas • Listen to what others have to say • Use the ideas of others to improve decisions and outcomes • Recognize and respect differences • Prepare for the issues at hand • Focus on the business of the body • Consider only legally germane information in decisions • Act as a decision maker, not an advocate Members should AVOID: • Speaking over or cutting off another individual’s comments • Insulting, disparaging, or putting down people or their ideas • Bullying other members by displaying a pattern of belittling, demeaning, judging or patronizing comments • Violence or the threat of violence will not be tolerated Working with Staff Members shall respect and adhere to the Council-Manager (Plan B) structure of Edina city government as outlined in MN Statute 412. This means: City Council does… City Council does not… • Hire, fire, and supervise City Manager • Set the strategic direction for the City • Consider and approve budget and related work plan, and monitor performance relative to those items • Consider and approve policy decisions • Consider and approve development proposals • Consider and approve variances and rezoning requests • Appoint citizens to citizen advisory boards and commissions • Approve and amend work plans and bylaws • Hire and fire staff • Direct the activities of staff, other than the City Manager • Individually direct the activities of boards, commissions or other resident groups • Individually approve policies, projects etc. • Individually commit City resources or staff to specific causes • Individually enforce policies, City Code, etc. • Individually speak or prepare official correspondence on behalf of the City unless authorized by the City Council. City Council CommissionsStaff Manage Operations, Advise Council (technical analysis & evaluation) & Implement Policy Advise Council (community needs & values) Decide Strategy 53 5 City Council Members promise City Staff they will: • Respect staff as valued resources and members of our team • Support the maintenance of a positive and constructive workplace environment for City employees where individual members, City staff and the public are free to express their ideas and work to their full potential • Provide direction to the City Manager as a body and not direct the work of individual staff • Encourage staff to focus on the big picture in reports • When possible, notify the City Manager in advance of a Council Meeting of questions or requests to pull agenda items from the consent agenda so the appropriate staff can compile the information needed • Agree that information they ask of the City Manager will be shared equally with all Council Members • Copy the City Manager on all communications with staff, including questions Working with Boards/Commissions As set forth in the Edina City Code Chapter 2 Article III, Edina’s Boards and Commissions are established by the City Council and serve as advisory to the council. Specific Board and Commission roles are: • Investigate matters within the scope of the Commission or as specifically directed by the council • Advise the Council by communicating the viewpoint or advice of the Commission • At the direction of the Council, hold hearings, receive evidence, conduct investigations, and, based on such hearings, evidence and investigations, make decisions and recommendations to the council City Council Members promise Boards and Commissions they will: • View Boards and Commissions as vitally important resources to support our decision-making • Communicate effectively with Boards and Commissions to ensure they have the tools to do their work • Give clear direction as a body and take adequate time to review the result of their deliberations • Because of the value of the independent advice of boards, commissions, and task forces to the public decision-making process, members of Council shall refrain from using their position to influence the deliberations or outcomes of board, commission, and task force proceedings • The expectation is that Council Members will not typically attend Board, Commission, Committee, Working Group or Task Force meetings. However, under special circumstances, if we attend a meeting: o We will do so only as an observer and prior to attending we will notify the appropriate staff liaison o Strive for good communication by reporting out to other Council Members Working with The Community Residents: City staff is the first call for help for residents. We will refer residents who have concerns to the City Manager. If a resident has contacted the City Manager but is still not satisfied, we will discuss with the City Manager. We acknowledge if a resident receives conflicting information from different City Council Members or staff that is difficult for the resident and could increase liability for the City. Businesses or other interests: The purpose of a City Council meeting is to discuss information needed to decide, review that information, and decide. It is not feasible to conduct all business in a public meeting. Particularly around development, business interests might ask a member to meet outside of the City Council meeting to facilitate idea generation about proposals. The City Council’s overarching principles for working the community are: • Never grant any special consideration, treatment, or advantage • Respect sensitivity of personal information 54 6 • Honor our rules regarding public testimony and clearly communicate the rules • Make ourselves available to all parties on an equal basis and not advocate for a certain point of view • Be cautious about how we participate in meetings or events and not prejudge the issue before the Council has had a chance to deliberate Meetings requested by residents or businesses: 1. AFTER DECISION: If we are invited to a meeting about an issue the Council has decided upon, we will explain how the Council arrived at the decision. 2. DURING DECISION: If we are invited to a meeting about an issue that will be before the Council in the future, we will uphold the above principles for working with the community, and: a. We will not make our decision about an issue before the city council until the process allows. b. We will be sensitive to the fact that we are not hearing everyone, and we will give equal consideration to all feedback regardless of the way it is received. 3. DURING SPECIFIED ENGAGEMENT PROCESS: If we meet with a resident during a planned engagement process, we will notify the resident that we are there to listen and encourage them to participate through the established process to engage. We will ensure that staff received the feedback provided to us. Intergovernmental Relations Members shall represent positions approved by the City Council to the best of their ability when working with: • Legislative bodies • Federal or state agencies • Other local governments, such as School Boards or Counties If an individual Council Member’s opinion differs from the City position, or a matter agreed upon by the full Council, Members shall explicitly state they do not represent their City Council or the City of Edina, nor will they allow the inference that they do. 55