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259677 o�stnsi e�c�t,ca� r * - ORDINANCE �596�� ' ' COUNCIL FILE NO - PRESENTED BY i/'�`-'�`� ORDINANCE NO 6✓o�-�� An Ordinance amending Section 9.01 of the Charter of the City of Saint Paul (approved by the vo ters November 3, 1970) and pertain.ing to executive depart- ments of the City. THE COUNCIL OF T�E CITY OF SAINT PAUL DOES ORDAIN: Section 1. Pursuant to Minnesota Statutes , Section 410. 31, and upon the recommendation of the Charter Commission of the City of Saint Paul , the Charter of the City of Saint Paul, as approved by the voters on November 3, 1970, is hereby amended by striking Secti.on 9. 01 thereof in its entirety and substituting in lieu and in place thereof the �ollowi�g: Sec . 9.01. Executive Depa r�m�nts . There shall be an office of the mayor; office of the city attorney, office of the city clerk and such additional executive departments , not to exeeed six, as may be established by ordinance. Each executive department so established shall have such functions as are prescribed by or�.in- ance. Except as hereinafter provided, the head of each executive department shall be appointed and re- moved as provided by Sec. 3.01. 3, and shall have such educational and professional qualifications as may be prescribed by ordina,nce. If an executive depart- ment so established shall be restricted in funetion to police activities , then, and only in such event, the chief of police appointed pursuant to Sec. 12. 12 shal l be head of s��i �epa�tment. .Every of f ic e , agen�y, or function of city govern.ment not otherwise assigned by this charter or by ordinance shall be included in the off'ice of the mayor, and no power or duty conferred by this charter upon a particular office or agency shall be transferred to any other . Section 2. This ordinance shall become effective ninety (90) days after passage, approval and publication, unless the effective date is delayed by the filing of a petition pursuant to law. 0 CT 1 � 1972 Yeas Councilmen Nays Passed by the Councit �%�x Hunt �� Konopatzki � Tn Favor .� Levine �Vleredith � � Against Sprafka T�e�� 0 CT 12 1972 �� At e .Pres ' ,Bu 1 AA / �� : i Clerk � Mayo Form approved C��x�� t PIJ6lf�ltw QCT 1419�2 � �.�� Ozi�inal,tn City Clezk . . � � $�, � I � � �TCE 2.596'7'7 ' ' COUNCIL FlLE NO � PRESENTED BY ORDINANCE NO- � �� An Ordinance amending Section 9. 01 of the Charter of the City of Saint Paul (approved by the vo ters November 3, 1g'70) and pertaining to executive depart- ments of the City. THE COUNCIL OF TIE CIlY OF SAINT PAUL DOES ORDAIN: Section 1. Pursuant to Minnesota Statutes , Section 410. 31, and upon the recommendation of the Charter Commission of the City of Saint Paul , the Charter of the City of Saint Paul , as approved by the voters on November 3, 1970, is hereby amended by striking Section 9. 01 thereof in its entirety and substituting in lieu and in place thereof the following: Sec . 9. 01. Executive Depa rtments . There shall be an office of the mayor; office oF the city attorney, of�ice of the city clerk and such additional executive departments , not to exceed six, as may be established by ordinance. Each executive department so established shall have such functiona as are prescribed by ordin- ance. Except as hereinafter provided, the head of each executive department shall be appointed and re- ; moved as provided by Sec . 3. 01. 3, and shall have such educational and professional qualifications as may be prescribed by ordinance. If an executive depart- me nt so established shall be restricted in function to .police activities , then, and only in such event, the chief of police appointed pursuant to Sec. 12. 12 shall be head of such department. .Every office , agency, or function of city government not otherwise assigned by this charter or by ordinance shall be included in the office of the mayor, and no power or duty con�erred by this charter upon a particular office or agency shall be transferred to any other . Section 2. This ordinance shall become effective ninety (90) days after passage, approval and publication, unless the effective date is delayed by the filing of a petition pursuant to law. Yeas Councilmen Nays Passed by the Council 0 CT 11 t972 ��x Hunt �� Konopatzki Levine Tn Favor Meredith g Sprafka A ainst Tedesco Attest: riz�ne .�P�r�es�ide�B��ler Approved: D�T 12 197a City Clerk iLrayflr ' ��C� Form approved G'��Yi.�'�� C i tv At t o rne y_,,, Bv -� � �' � � � n.W�a a r�.ar . . i � �� ORDI� Nl�i�NCE � � � � � . �, I CQtJNClL Fi�E NO �� 'P�fNTED BY I ORDINANCE NE�. �� An Ordinance ending Seo#3an 9.41 oi the CLarter o� the City o� Sain Paal (sppro�red by tYe v�ters ' Novaacber 3, l970} � pertsinia� to e=e��t#ve dep�►rt- �ente ot the City. THE COONCI;L OF T�CITY 0 SAI114 PAUL DO�S ORDAIl�Ts Sectian i. Pursnan to Miau�sots Statntes� 3eotion 41�.3i, and npoa tde reo rsentiati�n ef the Cl�arter Co�fstion oi �he City oY Saint Pan , the C�nrtar oi the City oY Sai�►t- Panl, as approved by the aro�ers on g��esber 3, 1970, i�► bereby � a�eaded by striking� Seot on. 9.Oi thereof in 3t� �tirety aad eubstitnting ia lieu and fa pieoe thereoi the iolloMia6s 5ec. 9.01. e t . There ahall be an oifioe oi ��e aayor, o=lioe of tde oity attoraey, ofiic�e �f tbe oity lerk amd suoh additieaal ezeoutioe depart�enta, not to ezceed siz, s� �a� tie establ ished ,. by vrdi�a8nce. Each eYecnti�e depart�ent eo eetabli�hed ehsll have snch inn tioas � are pre�erfbsd by ordia- ' anoe. Ezoept ss he inaiter pro�ided, tl�e head ot eaoh ezeo,ntive depa ��eat �tiall be appoia#ed snd re- �oved as p�ovided b See. 3.02.;, aad sl�all ha�e ��ob educa�ional and pro essi0mal qoaliiieations ae esy ' be prmsoribed by or iaasoe. I� an ozea�t#�e depart- �eat s�o established �all be redtri�ted in i�aotion to po2loe aetivitie � t�es, sad oaly in �eoti event, tbe ohiei oi polioe ap poiatea pnr�t�ant to Sec. i2.i2 ahall ' be bead o= eu � departdent. E�ery oiiiee, ' agsnoy, or iunotioa c� efty goqernreat not othervise ;� asri�ted by thia oD rter or by ordisasee ��811 be ; inol�ltd in the oti oe oi ths ss�►or, and no poMer ; or dn�y �oel�rrvd b this oharttr- npon a partiouler � oitiod or aasmoy sh 11 me trsastsrrea �o an� ot4sr. '� Seotion 2. Thfs or inanes •hall beoo� eiieati�e sinetr. (90) day� alt�r passa�es PP��aI ead pabliaatiom, �wle�o tde �' �lieoti�� date ie delaTe by ttie filfas o= a petitton paranant to ia�r. � � I ,r �i ; , i 'I � I � I / Y�s Councilmen Nays II Paseed by tbe Counci ��T � 1 1�72 ^ �= Hant � � �oaopat sk i � � , Tn Favor �1�F�Wa Wl � .. I . D roOA;?IA� T� ! OCT 18 1972 IYb�. �• deat, tler � Approved: - Atteet: � , , City Clerk I� �ayor �� Form apPrnvecl C��e , �� i � � � � O k 4 � «a;«r>s�,,, . . . _ .m�.e�t�.' �. , . . «, �M! .�.-,��crt.�•.. .,.. �. . � � �i/ � � � � � ' � .. . .: . �'� . . • -� � . . , . .. .m ..� . p� . r '�*■ ....._ -.,... '.C_r�_.. . _.._ ."'---��-... I � ' . � ��4 �Y� � E� � .I � �� . `• :.��.� s - , {j.'. . .. „� + .�. S'� �i 1�,'::. �...� ..x S} { �,z . ' .' "I,R�-. }� i.._.R.,. A • _ .� .- k'�' ' _ :'. ��. "A "U � k��" ,�:.. � � : . . . � N' S .- .. .. ...�. � :..�.� -. _�„` i oYre t i Ly v= _�zr3` '.t i tzYpi-v " .. '„5. November 3, 1970) and pertaining to execiztive depart— ments of the City. THE COUNCIL OF T�E CITY OF SAINT PAUL DOES ORDAIN: Section 1. Fursuant to Minnesota Statutes , Section 410. 31, and upon the recommendation of the Charter Commission o� -the City oF Saint Paul, the Charter of the City of Saint Paul , as approved by the voters on November 3, 1970, is hereby amended by striking Section g. 01 thereof in its entirety and substituting in lieu and in place thereof the following: Sec . 9.01. Executive Departmen�ts . There shall be an office of the mayor; office of the city attorney, o�fice of the city clerk and such additional exeeutive departments , not to exceed six, as may be established by ordinance. Each executive department so established shall have such functions as are presc.ribed by ordin— ance. Except as hereinafter providecl, the head of each executive department shall be appointed and re— ; moved as provided by See . 3. 01. 3, and shall have such educational and prvfessional qualifications as may be prescribed by ordinance. If an executive depart— ment so established shall be restricted in funetion to ,police activities, then, and only in such event, the chief of police ap poin.ted pursuant to Sec. 12. 12 shall be head of such department. .Every office , agency, or function of city government not otherwise assigned by this eharter or by ordinance shall be included in the office of the mayor, and no power or duty conferred by this charter upon a particular office or agency shall be transferred to any other . Section 2. This ordinance shall become effective ninety (90) days after passage, approval and publication, unless the effective date is delayed by the filing of a petition pursuant to law. I3ated Septe�aber 15, 1972. AA,R'RY E. MARSHALL, City Clerk (September 23, 1972) � � . �ul� C � ��P � CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY KENNETH ). FITZPATRICK September 27, 1972 T0: TFiE HONORABLE MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAINT PAUL Res Proposed Ordinance Amending Section 9.01 of the Saint Paul City Charter, so as to allow a Chief of Police to be a Head of a Police Department. Council File Numbers 259677 On September 22, 1972, the above proposed ordinance was before the S�int Paul Citq Council for its third readin�, and at that time a question was raised as to the following: DOES THE PROPOSED ORDINANCE CREATE A CONFLICT BETWEEN SECTION 3.01.3 AND SECTION 12.2.3 OF THE SAINT PAUL CITY CHARTER, WHEREBY THE EXIST- ING PROCEDURE OF APPOINTING AND REM�VING THE CSIEF OF POLICE WOULD BE CHANGED 50 THAT THE CHIEF OF POLICE� WHILE ACTING AS DEPARTMENT HEAD� WOULD SERVE AT THE PLEASURE AND WILL OF THE MAYOR. OPINION By virtue of the proposed ame�ndment, if one of the six executive departmenta to be established by an ordinance ia to be restricted in function to police activities, then the Chief of Police who is appointed pursuant to Section 12.12, automatically becomes the head of such executive department. The proposed ordinance has created an exception to the normal manner of appointing and re�aving heads of executive departments by the language contained in the propoaed ordinance amending Section 9.01 of the Charter of the City of Saint Paul. The �i��f of Police a�t�l coat3nue �o ,b�s �c�w latsd by Sltetion 12.12 of tt��$�fa� Psu2 CitT t�s�cta=,. �t]�s�-o� not tte act� uraly aa Clsi�f Pol3c� or as both tlu Ci�tsf of KPoliat aadihesd of tbs ssviy�reated Police Exac�ti�s �eps��satt. Other than removal under Section 12.12 of the Saint Paul City Charter, the Chief of Police would cease to be head of Che Saint Paul Police Executive Department only if auch executive department is aboliahed by an ordinance, and in such an event the Chief of City Hall, Saint Paul, Minnesota 55�02 612 223-5121 M � V _2_ Police would then remain as Chief of Police� but would no longer be executive head of the Police Department. CONCLUSION The proposed ordinance am�nding Section 9.01 of the Saint Paul City Charter doea not change the present and existing method of appointing aad removing the Chief of Police, but merely providea that if in fact an executive department which is restricted in function to police activities is created, then the Chief of Police will automatically becooie the head of such executive department. Very truly yours, � n \ ^_ ', t ' �'...�.�L'�LL �' . ��JA�..��n.�.C..K.�V u KENNETH J. FITZPATRICK City Attorneq �� PIERRE N. REGNIER Asaistant City Attorney PHR/gj ,-�-� , , ;i`i, ��,� � SAINT PAUL C ��ER COMMISSION 2596'7'� �,� . . ( !°:� CI A � �- �� ;� � •� SAINT PAUL, A�, ,q,,,. INNESOTA 55102 �� / �" ,�� I � ; ,�� , �� ,; September 8, 1972 � � � � � � � � �_��,' 2 1 ',�! c�ty attorney ,� ��t�or� caun�s�� City of Saiat Paul City Hall Saint Paul, Minnesota 55102 � Dear Sir: Enclosed is a draft of a proposed amendment to Section 9.01 of the Saint Paul City Charter which was unanimouslq approved by vote af the members of the Charter Commission on Septem�er 7, 1972. The resolution adopting thi� proposed amendment recommends its adoption by the City Council pursuant to the terms of Section 410.31 of the Minnesota 5tatutes. Would you please prepare this proposed amendment in the necessary form for presentation to the Saint Paul Citq Council and, i� necessary, forward such documents as maq require my signature for completion of the officisl communication of the action of the Saint Paul Charter Commission to the City Council. In the past, the City Attorney's office has furnished us with a City Attorneq assigned to the Charter Commission who has customarily been present at Charter Commission meetings. I would appreciate it if you would assign such a person to the Saint Paul Charter Commission and inform me who that person will be so that he can be made aware of future Charter Commission meetings. Yours very truly, P, � � � a ' � _��Lz �' v��G�_.�-�� . Perry M� ilson, Jr. ' Chai Saint Paul Charter Commission PriW:km Enclosure ��s2 , i cutive De artments. There shall be an office Sec. 9.U1. Exe - of the mayor, office of the city attorney, office of the city clerk and such additional executive departments, not to exce�d six, a� may be established by ordinance. Each.executive department so established shall have such functions as are prescribed by ordinance. Except as hereinafter provided, the head of each executive department shall be appointed and removed as-�provided by Sec. 3.01.3, and shall have such educational and professional qualificatiou� as may be prescrihed by ordinance. If an executive department so established shall be restricted in function to , police activities, then.,• and- only in such event, the chief of police appointed pursuant to Sec. ,12.12 sha11 be head of such 'department.. Every - , office,. agency, or function of city government not otherwise assigned bY this charter or by ordinance shall be included in the office of the mayor, and no power. or duty conferred by this-charter upon a particular office or agency shall be tramsferred to any other. #iOTECE �!''I��1�i.IC �A�ai� ,s ,w ,;FS^��,�y �+:"�i, . . ,�W� �� .. �� y�,' ��p �Goupcl�'�� ' d CotttY'H `'�P�g�7 df aA � . amen Ch6rter Af text of. �a rM`� °t;.*+'• IW'�� ti�n 9.Ot od. F� :$afrtt P8tt1 I 19 ex�CUdtiu�Ve�$e- ]Jb� ^ :�P Saint Paul 1A t , ( � �" !}�.''�� , ' � . . � ',.�F . .�� - �li�,I ' �,�.�@ L"1Ey I •� � �'bY the vp � .. �;, 1�y lieu �wiri�: eutr. Tkt , j�saydr � pgfc�e o� !�' �aQditiqnal. ex�fet; I ei�eed �:; � .ordi- ,Aiplo, t so �1P r,' gna F I I d o . � a _ � i ; . byr, . _ � �1 � i p �i( Z� � Va ;,ti, of � a ti i ;er . �• i��ky�� '�. y�r•.�., -s,� , niae r� ';e8 e �� (h� of 8 pett- D en' Datad Septeinb r 35,Y9T9. - � Y E. LSARSIiAI,I,, Ci �lerl[. (3tpteu�ber 23. 1�7t) September 22, i972 P�r. Kenneth Fitzpatrick City Attor_ney Dear Sir: The Gity Couneil today �€a,ve Third Readin� to an ordinance r�raendin� the City Charter allowin� the Pol.ice Chief to be head of the Po13ce Aept. P�Sadam President Butler requested a, Ci�y Attorney's op3nion on whether th�r� is conFlict concerning the rj.Ppointment e.nd removal of a Police Chief. She specifically req,uests your opirlion as to whether or not the P�Iayor appoints a Police Chief in the same mann�r as he appoints other departmen� heads or whether the special provisions concerning the Po13ce Chief appointment app1Y• Very truly yours, C3ty Clerk ml lst � � r 2nd � 3rd � � P.dopted I � /�'� �� Yeas ,Nays HUNT '�..,o .,�;�� KONOPATZKI -'-- LEVINE - 2595�`� MEREDITH SPRAFKA ( 1 � 'e/ TEDESCO ' Mme FRESIDENT (BUTLER)