HomeMy WebLinkAbout2614-21 - ADMIN Ordinance - City Council - 2021/05/17Ordinance No. 2614-21
An ordinance amending the St. Louis Park Home Rule Charter sections
2.05, 3.01, 11.03, 12.02 (2), 12.18 (a), 12.18(b), 12.19, and 12.20
by implementing gender neutral language and correcting
minor legal inconsistencies
PREAMBLE
Whereas, pursuant to Minn. Stat. § 410.12, Subd. 7 the St. Louis Park Charter
Commission has recommended to the city council that the charter be amended as provided
herein; and
Whereas, Minn. Stat. § 410.12, Subd. 7 provides that upon recommendation of the
charter commission the city council may enact a charter amendment by ordinance.
The City Council of the City of St. Louis Park, Minnesota does ordain:
SECTION 1. The St. Louis Park Home Rule Charter is hereby amended by deleting
stricken language and adding underscored language to the following sections:
Section 2.05. Vacancies in the council.
A vacancy in the council shall be deemed to exist if any person elected thereto fails to qualify
on or before the date of the second (2nd) regular meeting of the new council. A vacancy shall
also be deemed to exist due to the death, resignation, removal from office, removal from the
city, removal of a ward councilmember from his/her their ward, continuous absence from the
city for more than three (3) months, or conviction of a felony of any such person whether
before or after his/her their qualification, or the failure of any councilmember without good
cause to attend any council meeting for a period of three (3) consecutive months. In each such
case the council shall, promptly by resolution, declare a vacancy of the remainder of the term
and appoint an eligible person to fill the vacancy unless the vacancy occurs within ninety (90)
days of the next regularly scheduled city or state election. In the latter case, the council shall
appoint an eligible person who shall serve until the following year's regularly scheduled
election. The term of the appointed person shall extend to the first (1st) regularly scheduled
council meeting of a new year following a regularly scheduled city or state election. The council
shall call a special election concurrently with the next regularly scheduled city or state election
for the purpose of electing an eligible person to fill the remainder, if any, of the unexpired term
created by a vacancy.
Section 3.01. Council meetings.
On the first (1st) regularly scheduled meeting of a new year following a municipal election as
specified in Sections 4.02 and 4.03 of this charter, the council shall meet at the city hall at the
usual time for the holding of council meetings. At this time, the newly elected members of the
council shall assume their duties. Thereafter, the council shall meet at such times as may be
prescribed by resolution, except that it shall meet at a fixed time not less than once a month.
The mayor or any three (3) members of the council may call special meetings of the council
upon at least twelve (12) hours' notice to each member of the council. Such notice shall be
delivered personally to each member or be left in a conspicuous place at the residence if no
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such person be found there. The presence of any member of the council at a special meeting
shall constitute a waiver of any formal notice unless the councilmember appears for the special
purpose of objecting to the holding of such meeting. The council may provide by ordinance a
means by which a minority of the councilmembers may compel the attendance of absent
members. Except as otherwise provided by law, all meetings of the council shall be public, and
any person shall have access to the minutes and records thereof at all reasonable times. The
mayor and councilmembers shall each have one vote.
Section 11.03. Damage suits.
The State of Minnesota has regulated actions for the recovery of damages for injuries to
persons and property by statute. Therefore, the Minnesota Tort Claims Act, applicable to
Minnesota municipalities as it may be amended from time to time, M.S.A. § 3.736 M.S.A. Ch.
466, is hereby adopted by reference. The city expressly preserves all rights and defenses
accorded to it by law, including the right to bring claims for contribution or indemnity.
Section 12.02. Definitions.
(2) Candidate means any individual who seeks nomination or election as a public official of
the City of St. Louis Park. An individual shall be deemed to seek nomination or election if he/she
they have taken the action necessary under the ordinances of the City of St. L ouis Park to
qualify for nomination or election to an office, or has have received contributions or made
expenditures in excess of one hundred dollars ($100.00), or has have given consent, implicit or
explicit, for any other person to receive contributions or make expenditures in excess of one
hundred dollars ($100.00) with a view to bringing about his/her their nomination for election or
election to an office.
Section 12.18. Personal financial conflicts of public officials.
(a) Contracts void. Except for any contract permitted by M.S.A. § 471.88, any public
official who is authorized to take part in any manner in making a sale, lease or
contract in his/her their official capacity shall have no personal financial interest in
that sale, lease or contract or personally benefit financially therefrom unless the
effect on the public official's personal financial interest is no greater than on any
other person and/or property similarly situated. Any sale, lease, or contract entered
into by the city with regard to which a public official has acted in violation of this
section is void. Any money which is paid by the council in violation of this paragraph
may be recovered from any and all persons interested therein. Any vote pursuant to
M.S.A. § 471.88 must be unanimous by council.
(b) Noncontractual transactions voidable. Any public official who in the discharge of
his/her their duties would be authorized to take an action, vote, or make a decision
concerning a noncontractual transaction of the city which would affect the public
official's interests, unless the effect on his/her their interests is no greater than on
other persons and/or property similarly situated, shall disqualify himself/herself
themselves from such action, vote or decision. Any transaction entered into by the
city with regard to which a public official has acted in violation of this paragraph is
voidable at the option of the council. Any money, which was paid by the council in
violation of this paragraph, may be recovered from any and all persons interested
therein.
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Section 12.19. Financial conflicts of associates of public officials; contracts and transaction s
voidable.
Any public official who in the discharge of his/her their duties would be authorized to take an
action, vote or make a decision concerning a contractual or non -contractual transaction which
would affect the interests of his/her their associates, unless the effect on the interests of
his/her their associates is no greater than on other persons and/or property similarly situated,
shall disqualify himself/herself themselves from such action, vote or decision.
Any contract or transaction entered into by the city with regard to which a public official has
acted in violation of this section is voidable at the option of the council. Any money, which was
paid by the council in violation of this section, may be recovered from any and all persons
interested therein.
Section 12.20. Gifts and favors.
No public official shall accept any valuable gift, whether in the form of money, service, loan,
thing or promise, from any person, firm or corporation which to his/her their knowledge is
concerned, directly or indirectly, in any manner whatsoever in business dealings with the city;
nor shall any public official (1) accept any gift, favor or thing of value that may tend to influence
his/her them in the discharge of his/her their duties; or (2) grant in the discharge of his/her
their duties any improper favor, service, or thing of value or accept an offer which would not
have been given if he/she they were not an official; or (3) accept or receive anything of value
through sale or gift of goods or services which would result directly or indirectly from his/her
their position as a public official of the City of St. Louis Park.
SECTION 2. This ordinance shall take effect ninety days after its passage and publication
according to law.
Date of publication of notice of public hearing April 15, 2021
Public hearing and first reading May 3, 2021
Second reading May 17, 2021
Date of publication of adopted ordinance May 27, 2021
Date ordinance takes effect August 25, 2021
Reviewed for Administration Adopted by the city council May 17, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
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