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90-840 � �' �'^ ' " � A G,! f � • `' . � � . j� � ' ' Council File # Q �070 Green Sheet � RESOLUTION �a = ITY OF SAINT PAUL, MINNESOTA `f ��� \ Presented By Referred To Committee: Date An administrative resolution requesting the Saint Paul City Charter Commission to review the proposed amendments and to return the proposed amendments to the City Council with instructions on how to implement these changes set forth in the proposed amendments. WHEREAS , the Saint Paul City Charter under Section 12 contained therei.n pr�sently establishes a method by which the positions of police chief, fire chief and di.rector of personnel are tested and how personnel are appointed �o these positions ; � and WHEREAS , Section 12 of tne Saint �aul Ci.�y Charter also presently provides a specific term of tenure for the position of fire chief, police chief and director of personnel and setting forth the manner by which such officers may be removed from these positions ; and WHEREAS , under the present provisions of the Saint Paul City Charter a new mayor may find himself in a pos_ition where he or she is not able to appoint their own personnel �o certain key positions during the term of their incumbency; and WHEREAS , the present mayor has indicated an intent to amend the City Charter so as to make the persons holding the positions of police chief, fire chief and director of pers,onnel serve their terms subject to the will and pleasure of the mayor; and WHEREAS , there has been no indication of any concern with the testing portion of the existing process for the positions of police chief, fire chief, and director of personnel , as well as the appointment process of said positions ; and WHEREAS , the proposed amendments to the Saint Paul City Charter which would allow the positions of police chief, fire chief and director of personnel to serve at the will and pleasure of the mayor but to keep the existing testing and appointment . process in effect have been attached hereto for review by the Charter Commission; and �� � �� ����� � � CGfN ,� L � � . �9d-��� WHEREAS , the Council of the City of Saint Paul as a whole agre�swith such proposals ; now, therefore , be it RESOLVED, that the Council of the City of Saint Paul does hereby recommend that the Saint Paul Charter Commission favorably consider amending Section 12 of the Saint Paul City Charter pursuant to the provisions of the ordinance attached hereto ; and, be it FURTHER RESOLVED, that the Council of the City of Saint Paul requests the Charter Commission after its review and con- sideration of said proposed Charter amendments , recommend said amendments to the City Council pursuant either to Minnesota Statutes §410. 12, subd. 7 , or Minnesota Statutes §410. 12, subd. 4, or §410. 12, subd. 7 ; and, be it FINALLY RESOLVED, that the City Clerk is directed to transmit a copy of this resolution with the attached ordinance draft to the secretary of the Saint Paul Charter Commission. 2 � ����L�-.G�dyC� ✓�`/�-��� Yeas Navs Absent Requested by Department of: imon osws z on acc ee e man �ane z son BY� Adopted by Council: Date Form Ag�roved by City Attorney j \ Adoption Certified by Council Secretary By. � I � By° Approved by Mayor for Submission to Approved by Mayor: Date Council By: By' � , � , , Council File � %U'" �Td Ordinance # Green Sheet # ORDINANCE � CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Comiaittee: Date An Administrative Ordinance amending Section 12 of the Saint Paul City Charter which deals with the appointment process of the police chie�, fire chief and director of personnel . This amendment alters the tenure of such employees and the manner by which they may be removed from office. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Section 12. 12. 1 of the Saint Paul City Charter is hereby amended to read as follows : "Sec. 12. 12.1 QUALIFICATIONS AND EXAMINING COMMITTEE. To examine eligibles for appointment to the o�fices of police chief, fire chief and personnel director the council , upon notification from the mayor o•€--t�-e�}s�e�ee e�-�-��ae�e�-}r�-�r�-o-€-sa�d-e�'€�ees of a vacancy by death, resignation or retirement in any of said offices or upon notification from the mayor that he has removed the present office-holder from office , in any of said offices and after establi.shing minimum qualifications, shall establish and appoint an examining committee for each respective title with membership as provided by ordinance. " Section 2. That Section 12. 12. 3 of the Saint Paul City Charter is hereby amended to read as follows : "Sec. 12. 12.3 APPOINTMENT. - ��eep�--��-�r-o-�i�-3-�r-see��eri--��.-��r�-, upon receiving from a qualifications and examining committee five (5) names , the mayor shall appoint one of said certified names, subject to the approval of the city council . If the council does not approve the appointment, the mayor shall in turn appoint each of the remaining candidates , each subject to council approval . If the council approves none of the candidates , the candidate who has received the highest . ' 9�� �7'U grading by the committee shall be appointed without further action by the mayor or council . " Section 3. That section 12. 12.4 of the Saint Paul City Charter is hereby amended by eliminating that section in its entirety and placing in lieu thereof the following language. "Sec. 12. 12.4 TENURE OF POLICE CHIEF, FIRE CHIEF AND PERSONNEL DIRECTOR. Once appointed to their specific position, the police � chief, fire chief, and director of personnel shall serve at the will and pleasure of the mayor and may be removed at any time by written notice of the mayor. Those people serving in the position of police chief, fire chief and director of personnel at the time that this amendment is established shall continue to serve in those positions until the expiration of their individual terms. During such time they can only be removed from their position for cause by the mayor with the approval of the council by five votes , after a hearing before the council . Pending such hearing the employee may be suspended, with or without pay, by the mayor. Once each present incumbent has completed his or her term, they shall be subject to the appointment process. contained herein and if reappointed thereafter shall serve at the will and pleasure of the mayor and may be removed at any time with written notice by the mayor. " Section 4. That section 12. 12.5 of the Saint Paul City Charter is hereby amended by deleting said section in its entirety. 2. � - � . - � �� 4 �tsJ Section 5. That this ordinance shall be in effect thirty (30) days after its approval , passage and publication. 3 Yeas Navs Absent Requested by Department of: irrron osws z on � acca ee et man une z son BY� Adopted by Council: Date Form oved by City Attorney Adoption Certified by Council Secretary By: . � `\�. By° Approved by Mayor for Submission to Approved by Mayor: Date Council By: By: