City Code (cont.)

Table of Contents

CHAPTER 4.  ELECTIONS

Section 4.01.  General election laws to apply.

Except as otherwise provided in this chapter the general laws of the State of Minnesota pertaining to registration of voters and the conduct of primary, special and general elections apply to city elections. The council may by ordinance or resolution adopt suitable and necessary supplementary procedures for the conduct of elections.

Section 4.02.  Regular city elections.

The regular city election is held on the first Tuesday after the first Monday in November in each even numbered year. The election is held at the place or places designated by resolution of the city council. Notice of the election is given in the manner provided by law. Failure to give notice of the election does not invalidate the election.

Section 4.03.  Special elections.

The council may by resolution order a special election as provided by law and establish the procedures for holding the election. The procedures at a special election must conform to that prescribed by this charter and law.

Section 4.04.  Primary election.

The council must by resolution provide for a primary election as provided by law and establish the procedures for holding the election. The procedures at a primary election must conform to that provided by law.

Section 4.05.  Filing for office.

An eligible voter of the city may file for election in the manner prescribed by law.

CHAPTER 5.  INITIATIVE AND REFERENDUM

Section 5.01.  Powers reserved by the people.

The people of the city reserve to themselves the powers in accordance with the provisions of this charter and law, (i) to initiate and adopt ordinances except ordinances relating to the budget, a capital program, appropriating money, the salaries of city officers and employees, authorizing the levy of taxes and zoning of land and (ii) to require ordinances except ordinances relating to the budget, capital programs, the salaries of city officers and employees, appropriating money, authorizing the levy of taxes and the zoning of land to be referred to the voters of the city for approval. These powers are the initiative and the referendum respectively.

Section 5.02.  Expenditure by petitioners.

A member of an initiative or referendum committee, a circulator of a signature paper described in this chapter, a signer of such papers, or any other person may not accept or offer a reward of any kind in connection with service rendered in connection with the circulation of a petition. A committee may incur reasonable and necessary expenses for legal advice, stationery, copying, printing and notary fees. Violation of this section is a misdemeanor.

Section 5.03.  Initiative committee.

The initiative is governed by sections 5.03 through 5.08. Five eligible voters may form a committee for the initiation of an ordinance. Before circulating a petition the committee must file a certified copy of the initiated ordinance with the city clerk with a list of the names and addresses of the members of the committee. A certified copy of the initiated ordinance must be attached to each of the signature pages described in section 5.04 together with the names and addresses of the members of the committee.

Section 5.04.  Form of signature papers.

The initiative petition consists of the initiated ordinance and attached signature pages. The petition is not complete unless signed by a number of eligible voters equal to at least ten percent of the total number of votes cast at the last preceding regular municipal election. The signatures need not be on one signature page, but to each separate page there must be attached an affidavit of the circulator of the paper stating (i) the number of signers of the paper, (ii) that each signature on the paper was made in the presence of the circulator, and (iii) that the signature on the paper is the signature of the person whose name it purports to be. The form of the initiative petition is fixed as follows:

INITIATIVE PETITION

Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of eligible voters:

The undersigned eligible voters, understanding the terms and nature of the ordinance attached, petition the council for its adoption or, in lieu thereof, for its submission to the voters for their approval.

(etc.)

Signed __________

Subscribed and sworn to before me this ________ day of _________, ________ (Year).

(Seal)

Section 5.05.  Filing of petitions; duties of clerk.

The signature pages and the petition are filed as one instrument in the office of the city clerk. No later than five business days after the filing of the petition the clerk must determine if the petition complies with this chapter. If the clerk finds that the petition does not comply with this chapter, the clerk must promptly notify in writing one or more of the initiative committee of that fact in a notice stating the reasons for the determination of noncompliance. During the 30-day period following the clerk's notice the committee may file additional signature papers or otherwise amend the petition to comply with this chapter. If the clerk determines that the amended petition does not comply with this chapter, the clerk must file the petition in the clerk's office and notify each member of the initiative committee of that fact. After the final determination of noncompliance by the clerk a new petition proposing the same or a similar ordinance may be submitted in accordance with this chapter or the council may submit the ordinance to the voters as originally proposed at a regular or special election.

Section 5.06.  Council action on petitions.

If the petition is in compliance with this chapter the clerk must certify that fact together with the petition to the council at its next regular meeting or at a special meeting called to consider the petition. The council must act on the ordinance as prescribed in this section no later than 65 days after certification of the petition by the clerk. If the council does not enact the ordinance the ordinance must be submitted to the voters at the next regular city election. If the number of signers of the petition is equal to at least 15% of the number of votes cast at the regular city election immediately prior to the date of filing of the petition, the council must submit the ordinance to the voters at a special election. The special election must be held (i) not less than 30 days before nor more than 45 days after the date of final action on the ordinance by the council, or (ii) no later than 65 days from the date of certification of the petition to the council when there has been no final action on the ordinance by the council. If a regular city election is to occur within three months the council may submit the ordinance to the voters at that regular election. If the council enacts the proposed ordinance with amendments and at least four members of the committee of petitioners do not express their dissatisfaction with the amended ordinance by a statement to that effect filed with the city clerk no later than ten days after enactment of the ordinance, the ordinance need not be submitted to the voters.

Section 5.07.  Ballots.

The ballot at an election on an initiated ordinance must (i) state the substance of the ordinance in such a manner as to distinguish the question from all other questions on the ballot, and (ii) contain appropriate instructions to the voters to indicate "yes" or "no" on the question of the adoption of the ordinance. If approved by a majority of the voters voting on the question the ordinance is effective as provided in section 3.09. Any number of initiated ordinances may be voted on at the same election, but the voters must be permitted to vote for or against each ordinance separately.

Section 5.08.  Initiation of charter amendments.

An amendment to this charter may not be contained in an initiated ordinance.

Section 5.08[A].  Amendment and repeal.

During the one-year period following its effective date an ordinance adopted by a vote of the people under the initiative may be repealed or amended only by a vote of the people.

Section 5.09.  The referendum.

The referendum is governed by section 5.09 through 5.11. If prior to the effective date of an ordinance a petition signed by a number of eligible voters equal to at least ten percent of the number of registered voters at the last preceding regular municipal election is filed with the city clerk requesting that the ordinance be repealed or submitted to the voters the ordinance is not effective. The council must at its next regular meeting or at a special meeting called for the purpose either repeal the ordinance or reaffirm the ordinance as enacted. If the ordinance is reaffirmed by the council, the council may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. If a majority of those voting on the question of the adoption of the ordinance vote against the ordinance the ordinance is not effective. If a majority of those voting on the question of adoption of the ordinance vote in favor of the ordinance the ordinance is effective as provided in Section 3.09.

Section 5.10.  Referendum petition.

The requirements of sections 5.03 and 5.04 for the formation of committees for the initiative and the form of petitions and signature papers apply with necessary modifications to the referendum. The form of a referendum ballot must conform to the requirements of section 5.07. The form of a referendum petition is as follows:

REFERENDUM PETITION

Proposing the repeal of ordinance no. ________ to (stating the purpose of the ordinance), a copy of which ordinance is attached. This proposed repeal is sponsored by the following committee of eligible voters:

The undersigned petitioners, understanding the nature of the ordinance attached, and believing it to be detrimental to the welfare of the city, petition the council for its submission to the voters for their approval or disapproval.

(etc.)

Section 5.11.  Emergency ordinances.

Emergency ordinances are not subject to the referendum.

CHAPTER 6.  ADMINISTRATION OF CITY

Section 6.01.  City manager.

Subdivision 1. The city manager is the chief administrative officer of the city. The manager is appointed by the city council solely on the basis of training, experience, and executive and administrative qualifications. With the approval of the council, the manager may designate some properly qualified person to perform the duties of the manager during the absence or disability of the manager or while the office is vacant.

Subdivision 2. The city manager is appointed for an indefinite term and may be removed at any time by an affirmative vote of a majority of the council. After having served for one year, the manager may demand written charges and a public hearing on the charges before the council prior to the date when the final removal takes effect. After the hearing, if one is demanded, the council may either reinstate the manager or make the removal final. Pending the hearing and removal, the council may suspend the manager from office and appoint an acting manager.

Section 6.02.  Manager, powers and duties.

Subdivision 1. The manager is responsible to the council for the administration of the city's affairs. The manager has the powers and duties specified in this section.

Subdivision 2. The manager must insure that this charter, the laws, ordinances and resolutions of the city council are enforced.

Subdivision 3. The manager appoints officers and employees of the city on the basis of merit and fitness. The manager's appointment of a department head is subject to city council approval and that approval must be given no later than 30 days after the date of appointment. If the council does not approve the appointment within the 30-day period, the appointment is not approved. The manager may remove or suspend appointed officers and employees of the city.

Subdivision 4. Except as otherwise provided by this charter or law, the manager directs departments and divisions of the city administration.

Subdivision 5. The manager must attend meetings of the council. The manager may take part in discussion at council meetings but may not vote. The council may exclude the manager from a meeting at which the manager's removal is considered.

Subdivision 6. The manager may recommend to the council for adoption measures deemed necessary for the welfare of the people and the efficient administration of the city's affairs.

Subdivision 7. The manager must keep the council fully advised on the financial condition and needs of the city and prepare and submit the annual budget to the council.

Subdivision 8. The manager performs the other duties prescribed by law, this charter or by the council.

Section 6.03.  Departments.

The council may create departments, divisions and other units of the city administration consistent with this charter and law.

Section 6.04.  Officers.

The other officers of the city are the city clerk and the other officers subordinate to the city manager created by the council by ordinance or resolution. The clerk is responsible for the keeping of city records, and, under the direction of the manager, the general administration of the city's affairs. The council may by ordinance abolish offices that have been created by ordinance and combine the duties of various offices.

Section 6.05.  Purchases and contracts.

The manager is the chief purchasing agent of the city. Purchases and contracts may be made by the manager when the amount of the purchase or contract does not exceed the amount for which competitive bids are required by law unless a lower limit is set by the council by resolution. Other purchases and contracts are made by the council on recommendation of the manager. Except for contracts that the manager is authorized to make by this section, contracts, bonds and instruments to which the city is a party must be signed by the mayor and the manager on behalf of the city.

Section 6.06.  Contracts; bids.

City contracts must be made in compliance with law. When competitive bids are submitted the contract must be awarded to the lowest responsible bidder. The council may by ordinance adopt additional regulations for making city contracts.