CODE OF ORDINANCES
CITY OF ALBERT LEA, MINNESOTA
Table of Contents
PART I CHARTER*
The City of
The city of
The city may not exercise a power conferred by
general law on statutory cities unless that power is specifically granted by
this charter.
The form of government established by this
charter is the council-manager plan. The council exercises the legislative
powers of the city and determines matters of policy. The city manager is
responsible to the council for the proper administration of city affairs.
There are no separate administrative boards or
commissions except boards or commissions required by law or this charter or
those established for the administration of a function jointly with another
political subdivision. The council performs the duties and exercises the powers
of administrative boards and commissions. The council may establish boards or
commissions to advise the council, to investigate subjects of interest to the
city or to perform quasi-judicial functions.
Subdivision 1. The council is composed of a mayor and six council members
who must be eligible voters of the city and must further qualify for office as
provided in this charter.
Subdivision 2. The mayor and council members must be residents of the city.
The ward council members must satisfy the residence requirements of section
2.04.
Subdivision 3. The mayor is elected at large by the eligible voters. A ward
council member is elected by the eligible voters of the ward in which the
council member resides.
Subdivision 4. The mayor is elected for a term of two years. A council
member is elected for a term of four years. The mayor and council members serve
until their respective successors are elected and qualified for office. The term
of elected office begins on January 1 and ends on December 31.
Subdivision 5. The terms of office of the mayor and council members in
office on the effective date of this charter continue in accordance with the
transitional schedule adopted pursuant to sections 7 and 107 of the city charter
as it existed prior to the effective date of this charter.
A ward council member must be a resident of the
ward (i) at the time that filings for election close, or (ii) at the time of
appointment to fill a vacancy. Except as provided in section 2.05, continued
residence in the ward in which the council member resides at the time of
election or appointment is a required qualification to hold office during the
council member's term.
The city is divided into six separately numbered
wards. Review of the ward boundaries must be made by the council and the wards
reapportioned by ordinance no later than two years after the year in which a
federal census is taken so that the populations of the wards are as equal as
practicable. A ward must be composed of compact and contiguous territory. A
change in ward boundaries does not disqualify a ward council member from serving
the remainder of a term. If the council does not reapportion the wards within
the period prescribed the mayor and council members may not be paid salary or
other benefits until the wards of the city are reapportioned. The wards of the
city are those described by ordinance on the effective date of this charter.
An elected officer of the city may not (i) be
appointed city manager; (ii) hold another city office or be employed by the city
in any capacity for pay; or (iii) hold a city office or be employed by the city
for a period of one year after expiration of the officer's term of office.
Subdivision 1. A vacancy in an elective office exists for the following
reasons:
(a)
failure of a person elected to an office to qualify on or before the date
of the second regular meeting of the council in the year subsequent to the
election;
(b)
death of the officer;
(c)
resignation of the officer;
(d)
except as provided in section 2.05, the officer ceasing to be a resident
of the city or of the ward from which elected;
(e)
continuous absence of the officer from the city for more than 90 days;
(f)
conviction of the officer of a felony either before or after
qualification for office;
(g)
failure of the officer without good cause to perform the duties of office
for a period of three consecutive months;
(h)
removal of the officer from office; or
(i)
another reason specified by law.
When a vacancy occurs for a reason specified in
clauses (d) through (i), the council must promptly, by a resolution stating its
findings, declare the vacancy to exist. If a vacancy occurs and exists in an
elective office after the last day for filing affidavits of candidacy for that
office, the person elected to fill that office is deemed to have been appointed
for the unexpired term.
Subdivision 2. A vacancy in the office of mayor must be filled promptly by
council appointment for the remainder of the unexpired term.
Subdivision 3. If a vacancy occurs and exists in the office of council
member less than one year from the date of the next regular municipal election,
the council must promptly fill the vacancy by appointment and the person
appointed serves until the December 31 following the next regular municipal
election. At the next regular municipal election following the occurrence of the
vacancy, the vacancy is filled by election for the unexpired portion of the
term, if any.
The mayor is the presiding officer of the
council. The council must choose from its members a mayor pro tem. The mayor pro
tem holds office at the pleasure of the council and serves as mayor in the
mayor's disability or absence from the city or when a vacancy in the office of
mayor exists. The mayor:
(i)
exercises the powers and performs the duties conferred on the mayor by
this charter, the ordinances of the city, and law;
(ii)
is the official head of the city for ceremonial purposes, for purposes of
the service of civil process, and for the purposes of martial law; and
(iii)
must report to the council neglect, dereliction of duty, or waste on the
part of an officer or department of the city.
In time of public danger or emergency the mayor
may, as provided by council resolution and law, take command of the police,
maintain order and enforce the law.
The salaries of the mayor and council members
are fixed by ordinance in the manner provided by law.
The council or a person authorized by the
council may make investigations into the city's affairs, subpoena witnesses,
administer oaths and compel the production of books and papers. The council may
provide for an examination or audit of the accounts of an officer or department
of city government.
Neither the council nor the mayor nor a council
member may dictate the appointment by the city manager of a person to an office
or employment. The council may not interfere with the city manager or prevent
the city manager from exercising judgment in the appointment of officers and
employees in the administrative service. Except for purposes of inquiry the
council and its members must deal with and control the administrative service
solely through the city manager. Neither the mayor, the council nor a council
member may give orders, publicly or privately, to a subordinate of the city
manager.
At the first regularly scheduled council meeting
in January following a regular city election, the newly elected mayor and
council members assume their duties. The council meets at least once each month
at the time and place prescribed by ordinance or resolution. The mayor or three
council members may call a special meeting of the council upon reasonable notice
to council members and other notice as required by law.
The meetings of the council are public meetings.
Any person may inspect the minutes and records of the council meetings at
reasonable times and in accordance with law.
The council may appoint the officers and
employees it finds necessary to serve at its meetings. The council must appoint
a secretary to the council. The secretary must keep a journal of council
proceedings and perform the duties required by this charter, ordinance or
resolution. The council may designate any officer or employee of the city except
the city manager or a council member as secretary.
The council determines its rules and order of
business. A majority of members qualified and acting constitutes a quorum, but a
smaller number may adjourn from time to time. The council may provide by
ordinance or resolution a means by which a minority of its members may compel
the attendance of absent members.
Legislation must be enacted by ordinance. The
affirmative and negative votes on ordinances, resolutions and motions must be
recorded. Except as otherwise provided in this charter or by law, an affirmative
vote of a majority of the qualified and acting members of the council is
required for the passage of ordinances, resolutions and motions.
An ordinance must be presented in writing. The
enacting clause of an ordinance is: "The City of
An emergency ordinance is an ordinance necessary
for the immediate preservation of the public peace, health, welfare or safety in
which the emergency is defined and declared in a preamble to the ordinance and
approved by at least five members of the council. A prosecution may not be based
upon the provisions of an emergency ordinance until (i) 24 hours after the
ordinance has been filed with the council secretary and posted in three
conspicuous places in the city, or (ii) the ordinance has been published, unless
the person charged with the violation of the ordinance had actual notice of the
passage of the ordinance prior to the act or omission contributing to the
alleged violation.
A resolution must be presented in writing. The
resolution must be read in full before a vote is taken on the resolution unless
the reading of the resolution is dispensed with by unanimous consent.
Ordinances and resolutions must be signed by the
mayor or two council members, attested by the clerk and filed and preserved by
the clerk. An ordinance must be published once in the official newspaper. A
summary of an ordinance may be published in the manner provided by law.
Resolutions must be signed by the mayor or two council members, attested by the
clerk and filed and preserved by the clerk. Resolutions need not be published.
Resolutions and emergency ordinances are
effective immediately upon adoption. Other ordinances are effective 30 days
after adoption or at a later date stated in the ordinance. An ordinance adopted
by the voters under chapter 5 is effective upon its adoption or at a later date
specified in the ordinance.
An ordinance or resolution repealing (i) a prior
ordinance or resolution, or (ii) a section, subdivision or separately identified
clause thereof must state the number or, if no number has been assigned, the
title of the ordinance or resolution to be repealed in whole or in part. An
ordinance or resolution, or a section, subdivision or clause thereof, may not be
amended by reference to the title only. The amending ordinance or resolution
must set forth in full each section, subdivision or clause to be amended and
indicate new matter by underscoring matter to be omitted by striking out or by
other appropriate symbols.
The council may, pursuant to this section and
law, revise, rearrange and codify the ordinances of the city with the additions
and deletions found necessary by the council. The ordinance code may be prepared
in book, pamphlet or continuously revised loose-leaf form. Copies of the code
must be kept available at the office of the city clerk for general distribution
to the public free or at a reasonable charge. Preparation of the code is
sufficient publication of an ordinance provision not previously published if a
notice is published in the official newspaper stating that copies of the code
are available at the office of the city clerk.