87-1040 �Ci rr CLERK
FINANCE
D&7ARTMENT GITY OF SAINT PAUL Council � ? � l,Q �/�
�
9 MAVOR
File N .
� Ordindnce Ordinance N�.
Presented By ` !vU�---
R red To Committee: Date
Out of Committee By Date
An ordinance amending the Saint Paul
Administrative Code by adding a new
Chapter 111 , creating an Elections
Board.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 .
That the Saint Paul Administrative Code be and the same is
hereby amended by adding a new Chapter 1101 to read as follows :
"CHAPTER 111 . ELECTIONS BOARD.
111.QJ1. Created. There is hereby created a St.
Paul Elections Board. The board shall consist of five
members , who shall serve without compensation ,
appointed by the mayor with the consent of the city
council. Initially, two members shall be appointed for
a term of three years each, two members shall be
appointed for a term of two years each and one member
shall be appointed for a term of one year. Thereafter,
members' terms shall be for three years until their
successors are appointed and qualify.
COUNCILMFN Requested by Department of:
Yeas Nays
Drew
N��os�e [n Favor —
Rettman
s�ne�bai Against BY
Sonnen
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date �� � /�
Certified Passed by Council Secretary BY� l�` i%�•(-�C �:31�� �
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
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No member of the board dur ing hi s or her term
shall :
( 1) hold or campaign for elective office;
(2) be an officer of any political party, political
committee or personal campaign committee;
(3) permit his or her name to be used to or make
contributions in support of or opposition to any
city candidate or proposition;
(4 ) participate in any election campaign.
111.02. Rules. At its first meeting the board
shall elect from among its members a chair, vice-chair,
and secretary. The secretary shall keep a recorc3 of
all proceedings and ac tions by the board .
Meetings of the board shall be at the call of the
chair or at the call of any three m embers of the board
acting together.
The affirm ative vote of at least three members of
the board shall be required to decide any matter before
the board.
The rules of parl iamentary practice embraced in
Robert's Rules of Order shall govern the board on any
question or point of order not contained in this
chapter or rules adopted by the board.
111.03. Vacancy. A vacancy on the board shall be
filled as soon as possible pursuant to the provisions
of Saint Paul Administrative Code Chapter A-14. A
successor shall serve for the remaining term of the
predecessor. A vacancy shall not im pair the po wers of
the remaining members to exercise all of the powers and
perform all the duties granted to the board .
111 . 0�4. Powers and Duties.
(1) The board shall with the approval of the city
council adopt, prom ulgate, am end, and rescind
suitable administrative rules and regulations
to carry out the policies and purposes of
this chapter .
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(2) The board may require that forms be developed
and prepared for the complaints required by
this chapter. The city clerk shall assist
the board in developing and preparing said
forms.
(3) In cooperation with the city clerk's office,
the board shall compile and maintain a
current list of all reports and statem ents
filed pursuant to chapter 28 of the St. Paul
Legislative Code.
(4) The board shall investigate whether
statements and reports have been filed within
the times required by chapter 28 of the St.
Paul Legislative Code.
(5) The board shall review reports for
completeness and internal consistency and
independently verify entries on cam paign
disclosure reports and other forms on an
arithmetically randomly selected basis.
(6) The board shall make ongoing reviews of and,
where appropriate , recommend to the city
council amendments to ordinances relating to
election regulations.
(7) Pursuant to St. Paul Legislative Code Section
28.013, Subd. 4 (7) , the board shall have the
authority to exempt any individual , political
parties, political committees, and personal
campaign committees from the filing
requirements of St. Paul Legislative Code
Section 28. 03 , Subd . 4.
111.05. Complaint and Hearings.
Subdivision 1. Filing. Any resident of the city
may file with the board a com plaint, under oath,
alleqing a violation of chapter 28 of the St. Paul
Legislative Code.
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Upon receipt of such complaint, the board shall
conduct a preliminary investigation. Upon completion
of that investigation, if the board determines that
there are no reasonable grounds to believe that a
violation has occurred, it shall dismiss the com plaint;
otherwise, the board shall refer the com plaint for a
hearing as set forth in this section.
Subd. 2. Procedure. The board shall conduct a
hearing on each com plaint not previously dismissed and
shall rule thereon; provided such hearing shall be held
and rulings made within ten days following the date a
complaint is referred or within half the time from the
date the complaint is referred to it to the date of the
election, whichever is less.
The chair of the board may obtain subopenas from
the district court to compel the attendance of
witnesses and the production of documents at any
hearinq.
Upon com pletion of a hearing the board shall ,
within 72 hours, issue a written determination stating
whether there has been a violation of law and a
statement setting forth the facts and provisions of la w
upon which the determination is based; provided ,
however, that where a complaint relates to an election
to be held within seven days of the filing of the
complaint, the board shall make a written determination
within forty-eight hours of the com pletion of the
hearing.
Upon determination of a violation of chapter 28
of the Legislative Code, the board shall issue along
with its findings a disposition which m ay include, but
not be limited to:
(1) a public admonition or reprimand;
(2) A reprimand and assessment of costs ,
including reasonable attorneys' fees and
expenses incurred in conducting an
investigation and holding a hearing;
(3) referral of the complaint for civil or
criminal prosecution to the appropriate
authority.
4
WHITE — CITV CLERK
P�NK — FINANCE COUIICII '/
CANARV � DE�PARTMENT CITY OF SAINT PAUL File NO• � �_ /� ` �
Blb�E � =-MAVOR
. .
� Ord�nance Ordinance 1�0. /`��
Presented By
Referred To Committee: Date
Out of Committee By Date
Where it makes specific written findings that a
complaint has been made in bad faith or is frivolous or
is brought for vexatious reasons or substantially for
the purpose of harassment, the board may require the
complainant to pay all costs and expenses incurred by
the board and any other party aggrieved by the filing
of the complaint.
111.Q�6. Policy. It is the intent of the council
that this chapter be interpreted and applied consistent
with Minnesota Statutes Chapter 645."
Section 2.
This ordinance shall be in force and take effect thirty (3�1)
days from and after its passage, approval and publication.
COUNCILMFN Requested by Department of:
Yeas Nays
Drew � _
Nicosia [n Favor
Rettman /.�
Sc,��� U Against BY
-Teee�.� lt1�f1T,9-
wilson
Adopted by Council: Date �C'T ' `� 19�7 Form Approved by City Attorney
Certifie ssed by Council S cretar ByJ�— � ` `���""' "r"'�— � ��/v �
B
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Approv Mayor: Date C� 2 � Approved by Mayar for Submission to Council
By By
p�{� 0 C T 2 4 1987
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RETTMAI�t
SCHEIBEL �
SONNEN
WILSON
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._ ��W►NTE - CPTV CLERK
,• PIM'R - FINANCE ` � _
CAN�RV - D&PAR ENT CITY OF SAINT PAUL F1eC1�N0. �7 ��`�� �
� B�UE -MAVOR , �
, .
Ordindnce Ordinance N 0. --
Presented By -��JU1J— �, UZ—'�
Referr To Committee: Date
Out of ommittee By Date
_ . _
An ordinance a ending the Saint Paul
Administrative ode by adding a new
Chapter 11�, cre ing an Ethical
Practices Board.
THE COUNCIL OF THE CITY OF SAINT P L DOES 0 IN:
Section 1.
That the Saint Paul Administrati Code be and the same is
hereby amended by adding a new Chapter �1 to read as follows:
"EHAPTER 1��: ETH��CAL PRAGT�C BOA D�:
���.�1, Created� 'Fhe is �ere ereated a St.
�ati� �t�iiea� ��aetiees Boar- � The boa d s�all consist
o� f�:ve �ne�nbers who shall serve withou compensation,
to be appoi�ted � the m y°r with the onsent of the
cit� eouncil. Initi 1� two me�nb rs sha�l be
appointed for a term o three ey ars .each, two members
shall be appointed fo a term of two ea s each, and
one_ member shall be ointed for a term f one year•
'Fhereafter, members' er�ns shall be for thre ey ars and
t�nti� their st�eeess s are appointed and ua �f .
COUNCILMEN Requested by Department of:
Yeas Nays •
Orew
Nicosia ln Favor
Rettman
Scheibel Against BY
Sonnen
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary By �G�2- �. ��p-�.l�-- 7'�"���
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
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By By
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, . COUNCILMFN Requested by Department oE:
Yeas Nays
Drew _ --
N;�o�;e In Favor
Rettman "
s�n.�bei A ainst BY _
Sonnen g
Tedesco
Wilson
" . Form Approved by City Attorney
�Adopted by Council: Date �, •
Certif�eil=Passed by Council Secretary `. BY ' .
By
� .:.Approved by Mayor: Date Apprvved by Mayor for Submission to Council
_ .�.
By By
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No member of the board during his or he term
shall : �
(1) hold or campaign for elective office;
(�) be an officer of a� political art political
committee or personal campaign commit ee;
(3) �ermit his or her name to be us d to or make
contributions in support of or op osition to a�
ca�didate or proposition;
(4) partieipate in a� eleetion cam ai n.
ll �.f�2. Rules. At its firs meetin the board
shall elect from amon its member a chair, vice-ch'air,
and secretary. The secretary all keep a record of
all proceedings and actions � e board. �
Meetings of the board s 11 be at the call of the
chair or at the call of a� hree members of the�board
act ng together .
The concurring vote f at least three members of
the board shall be re uir d to cieciae an matter before
the board.
'1'he rules of par iamentary �ractice embraced in
Robert's Rules of Or 'er shal l c�overr� the board on a�
–r— --- -- –
�uestion or point of order not contained in this
chapter or rules ad ted � the boarci. �
11�.�J3. Vaca c . A vacancy on the board shall be
filled as soon a possible �ursuant to the provisions
of Saint �aul dministrative Code Chapter A=14. A
successor shal serve for the rei�aining term of the
predecessor. vacancy shall not impair the powers of
the remain n members to exercise all of the powers and
perform all he duties granted to the board.
llg. � . Powers and Duties.
(1) ;% The board shall with the a proval of the ci�
council ado t, promulgate, amend, and rescind
suitable administrative rules and regulat o s
to carr out the policies and purposes of
this chapter.
. ' ' � ` � � � , � \.�' �'� ����f'' .
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(2) The board m� require that forms be a velo ec7
and pre�ared for the complaints re ired by
this chapter. The ci� clerk sha 1 assist
the board in aeveloping and prep ring�said
forms. �� —� — �+
{3) In cooperation with the citY cle k's office,
the board shall comgile and maintain a
current list of all reports an statements
£iled ursuant to chapter 28 o the St. Paul
Legislat�i e Coc�e. '� —
(4) The boarci shall investi ate whether
statements and reports have b en filed within
the times re uired by chap er 28 of the St.
Paul Legislative Code. ~ �
(5) The board shall rev ' ew reports for
completeness and intern 1 consistency and
independently verify e tries on cam aign
disclosure reports an other forms on an
arithmetically randomi selected basis. �
(6) The board shall make ngoing reviews of and,
where appro�riate, recommenci to the city
council amendments o ordinances relating to
ele—c on anc7 ethica coc�e regulations. �
( 7) The board m� iv aavisory opinions.
(8) �ursuant to St. aul Legislative Code Section
�8.�3, Subd, 4 ) , the board shall hav� the
authority to e empt any indivic�ual, political
parties, poli ical committees, and personal
cam�ai �n c_mmittees from the fi— 1 g
requiremen of St. Paul Legislative Gode
Secti n 28. 3, Subd. 4. —
11�.�5. Compl int and Hearings.
5ubdivision Filin . A� person of the ci�
m� file with e board a complai.nt, under oath,
alleging a viol ion of chapters 24 or 25 of the 5aint
Paul Administr tive Code and chapters 28 or 29 of the
5t. Paul Legis ative Code. � ~ ~
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U�on recei t of such complaint, the board hall
conduct a preliminary investigation. Upon com etion
of that inves gat n, if the board determin s that
there are no reasonable grounds to believe that a
vi lo ation has oceurred, it shall dismiss the c mplaint•,
otherwise, the board shall refer the compl int for a
hearing as set forth in this section. �
5ubd. 2. Procedure. The board shal conduct a
hearing on each com laint not previously ismissed and
shall rule thereon; provided such heari.ng sha11 be held
and rul ni gs made within ten da�s follow n� the date a
complaint is referred or within half th time from the
date the complaint is referred to it t the date of the
election, whichever is less. ' � ~
The chair of the board m� obt in subopenas from
the district court to com�el e attendance of
witnesses and the �roduction o documents at a�
hearing.
Upon completion of a hea in the board shall,
within 72 hours, issue a writt n determination stating
whether there has been a violation of 1aw and a
statement setting forth the f cts and provisions of law
upon which the determina ion is based; provided,
however, that where a comp int relates to an election
to be held within seven da�s of the filing of the
com laint, the board shal make a written determination
thin fort r�-eig th hou s of the completion of the
hearing. � �- — --
Upon c7eterminatio of a violation of chapter �4 or
25 of the Administra ive Code or chapter �8 or �9 of
the Legislative Code the board shallissue along with
its findi�gs a disp sition which may in�de, but not
be limited tos y +
(1) a ublic admonition or reprimand;
( 2) A rep imand and assessment of costs ,
- --- ----- ---
i.nclu in� reasonable attorneys'- fees anc7
expe ses incurred in-conduct g an
inve ti ation and holding a hearing; r
( 3) referral of the complaint for civil or
criminal prosecution to the appropriate
authority.
4
� t . . l. . . ,� .
+iHITE - f�ITY CLERK
�INK - FINANCE ' GITY OF SAINT PAUL Council �
CANARV - DEPARTMENT Flle NO. ��_/D�O
SIUE -MAVOR ,
. .
Ordin�nce Ordinance N�.
Presented By
Referred To Committee: Date
Out of Committee By Date
Where it make specific written fin n s that a
com laint has been de in bad faith or is rivolous or
is brought for vexat ous reasons or subs antiall for
the purpose of harass ent, the board m require the
complainant to �a� all costs and ex e es incurred �
the board and a�other art a riev d � the filing
of the complaint.
110.�6. Policy• It i the in ent of the council
that this chapter be inter r ted a d applied consistent
with Minnesota Statutes Chap er 45."
Section
This ordinance shall take eff ct and be in force thirty (30)
days from and af ter its passag e, pro al and publication.
COUNCILMEN Requested by Department of:
Yeas Nays
Drew
Nicosia ln Favor —
Rettman
Scheibel Against BY
Sonnen
'�'sd�est.�e[f/�1��
Wilson ;
Adopted by Council: Date Form Approved by City Attorney
B `.�G.LtsZ. �� `��� 7- /'—�'7
Certified Passed by Council Secretary Y
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
CITY OF SAINT �AUL Council
File N 0. �7 �f D��
Ordindnce Ordinance r10.
.��cea By ..,�..`,�
R f red To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 28
of the St. Paul Legislative Code,
pertaining to election campaign
contributions and reporting
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 .
That Section 28.01 of the St. Paul Leg islative Code be and
the same hereby is amended to read as follows:
"28. �1 . Definitions.
Subdivision l . Terms. For the purposes of this
chapter , the terms defined in this section shall have
the meanings ascribed to them:
5���: �T ='6a�d��a�e'-' �ea�s a�� }�d}����ta� w�e seel�s
e�ee�}e� �e a�� g����e e�€�eeT as �e�e�� de���e�T A�
}�d��}��a� s�ia�� �e dee�e� �e seel� e�ee�}e� }� ��a�
}�d��r}dt�a� �as �e�e a�� e� ��e �e��ew���+
{�} �al�e� ��e ae��e� �eeessa�y t���e� ��e �aws e� ��e
s�a�e e� P4}��ese�a a�d ��e e��� e� Sa��� ga�� �e
��a���� �e� e�ee�}e� �a g���}e e���eefi
��} g���}e�� dee�a�ed a� ���e�� e� �es��e �e seel�
e�ee��e� �e s�e� g���}e e�€�ee} e�
COUNCILMEN
Yeas Nays Requested by Department of:
Drew
Nicosia [n Favor —
Rettman
s�ne�bei A ainst BY
Sonnen g
Tedesco
Wilson
/
Form Approved by City Attorney
Adopted by Council: Date
— �, ��t',�c�./� �-3/-�7
Certified Passed by Council Secretary BY �f,�'u'e-
By
Approved by Mayor: Date Appro by Mayor for Sub i i n to Counci!
By
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�3} �eee��*ed ee���}����e�s e� $�� e� �ae�e: �xade
e�ge�d����es e� $��� e� �e�er e� �ias ���*e�
ee�se��r }x����e}� e� e����e��T �e� a�� e��ie�
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�e�se� �e �eee}$e ee���}���}e�s e� $�g e� �ae�e e�
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x�al�e e��e�d����es e� $�f�� e� x�e�eT w��� a �*�ew �e
��}����� a�et�� ��s e�ee��e� �e a �����e e��}ee:
Subd. 2. "Candidate" means � individual for whom it
is contemplated or desired that votes may be cast at
any prima� or election, and who either tacitly or
expressly consents to be so considered. An individual
shall be deemed to seek nomination for election if he
or she has taken the action necessary to c�ualify
himself or herself for nomination of election, has
received contri— b ons or made expenditures in excess
of $100 , or has iven his or her implicit or explicit
consent for any other erson to receive contributions
or make expenditures in excess of $1P1(�, for the purpose
of bringing about his or her nomination or election.
Subd. 3. "Contribution" means a transfer of funds or a
donation in kind.
��} a g���T st��se�}�a��e�T �a��e��T ��edger �ea�T
ad�aa�eeT ��a�s�e�T ee��*e�a�ee e� deges�� e� a��
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��e�e���T se��a}eesT �e�e� e� e��e� ��i��� e� �aa��eT
��e��d��� ��el�e�s �e ���d �a�s��� e�e��sT �aade �e
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a ea����a�eT ea�d�ea�e!s �e��ese��a���e e� age��T
�e�se� e� ge����ea� eex�x����ee �e� ��e ����ese e�
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��€��e�e��Q e� ass}s���� ��e e�ee��e� e� a
ea�d}da�e �e g����e e���ee e� �e� ��e ���gese e�
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{y} �ees �e� ��e��de se��r}ees �a�e�r}�e� w���s��
ee�a�e�sa��e� �� ��d���dt�a�s �e����ee���g ��e��
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ee��}��eeT e� ee�ae�aQe ��e�*�ded �� ��e �ews �e�}a
w���e ae���g }� ��e e�d}�a�� ee��se e�' ��ie
��s}�ess e� �tt���s���g e� ��eadeas���g �ews ��e�sr
ed}�e��a�s e� e��e� ee�xae��sT
Contribution includes � loan or advance of credit to
a political commit eee, party comm�ttee or personal
campaign committee, which loan or advance of credit is
(a) forgiven, or (b) paid � an ent ty other than the
� olitical committee , � e � � � �ea � � t� � � r or
g���e�ga�personal campaign committee to which the loan
or advance of credit is made. If an advance of credit
or a loan is forgiven or paid as provided in this
subdivision, it is a contribution in the year in which
the loan or advance of credit is made.
A contribution made for the purpose of defeating a
candidate is considered made for the purpose of
--------- -- ---------- .---- --- ------- --
influencin� the nomination or election of that
candidate or � opponent of that candidate.
Contribution does not include services provided without
compensation by an individual volunteerin� g his time on
behalf of a candidate, ballot �uestion, pol tical
com mittee, personal campai�n committee or the
publishing or broadcasting of news items or editorial
comments by the news media.
Subd.3a. "Donation in kind" means anything of value
other than money or negotiable i struments given by an
individual or association to a political com mittee,
�e���}ea� €���T e� g���e��aa�or personal campa�gn
committee for the up rpose of influencing the nomination
or election of a candidate or for the purpose of
promoting or defeating a ballot question. Donat n n
kind includes an approved expenditure.
Subd. 4. "Depository" means any bank, savings and loan
association or credit union, organized under federal or
state law and transacting business within Minnesota .
Subd. 5. "Election" means
(1) a general , special , primary or runoff election; or
(2) a convention or caucus of a political party held
to nominate a candidate .
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