06-1026Council File # � —/O li
Green Sheet # 3Q33514
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
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An ordinance to update certain sections of Chapters
12 and 14 of the Saint Paul Charter and remove any
obsolete language in accordance with Minnesota
Stat. §410.12, subd. 7.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1.
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Pursuant to Minnesota Statute, Section 41012, subdivision 7, and upon recommendation
and final vote of the Charter Commission of the City of Saint Paul the following sections of
Chapter 12 of the Saint Paul Charter are hereby amended to read as follows:
Section 12.03.3. Classified service.
The classified service shall include all other positions in the city service, including
offices hereinafter created and not excluded therefrom. All non-probationary classified
employees shall enjoy the benefits and protections and be subject to the civil service rules exceot
as specificallv amended or limited in the labor aereements and shall not be disch ¢ed and�e
except for cause and upon such
hearing as the civil service rules or other law prescribe.
Section 12.04.3. Other duties.
The commission shall perform such related functions not inconsistent with fi3xe this
Charter as the council may prescribe by administrative ordinance.
Section 12.05. Director of gersaaa�l Human Resources -Duties.
The director of persanne� human resources shall manage the personnel system of the city
in a manner consistent with the provisions of Section 12A1 of tke this Charter. The director
shall be subject to the control and supervision of the mayor.
Section 12.06. Civil service rules and amendments.
At the direction of the mayor, or on his or her own initiative, the director of perserine�
human resources shall prepare persannel rules for review and adoption by the council. The rules
shall deal with all matters necessary to the administration of the city's personnel system on a
merit basis. The council may by resolution adopt any or all of such rules with or without
amendment or they may initiate their own proposed rules. Such rules or amendments which are
approved by the council shall be submitted within five (5) days of their passage to the civil
service commission for their approval or rejection. Within ten (10) business days, the civil
service commission shall either approve and sign the measure or shall return it to the council
with a communication in wriring stating their disapproval and the reason therefor. If the
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commission neither signs nor vetoes the measure within ten (10) business days, it shall be �� "��ol(o
deemed approved Any such measure which is vetoed by the civil service commission may be
reconsidered by the council and shall become law if passed by an affirmative vote of at least five
(5) members of the council within tl�irty (30) days of the veto. Any such measure which has
been reconsidered by the council and repassed shall be deemed approved.
Section 12.08. Prohibition of payment
No disbursing officer of the city shall pay any compensarion for services to any person
holding a position in the classified service unless the payroll ar account for the compensarion
bears the certificate of the director of persanne} human resources that he or she has been
appointed or employed and is perfornung service in accordance with the provisions of this
Charter and the rules established hereunder.
Section 1212. Selecfion and tenure of police chief and fire chief, .
Section 12.12.1. Qualifications and examining committee.
To examine eligibles for appointment to the offices of p�}iee chief of nolice; and fire
chief , the council, upon notification from the mayor of the existence of a
vacancy in any of said offices and after establishing minimum qualifications, shall establish and
appoint an examining committee for each respective title with membership as provided by
ordinance.
Section 12.12.4. Tenure of police chief, and fire chief. .
The term of each police chief and fire chief shall commence upon the expiration of the
preceding term and they shall, except as provided in this section, serve a term of six (6) years
and until their successors are appointed and qualified. During the first year of a term, a police
chief or a fire chief may be removed by the mayor upon written notice and approval by the city
council. They shall continue in office for terms of six (6) years from the expiration of their
respective prior terms, each subsequent term subject to reconfirmation by the city council. They
shall continue in office until action on the reconfirmation has been taken by the city council.
Failure of council to reconfirm shall result in a vacancy of the posirion. Additionally, the mayor
may, not more than ninety (90) days nor less than sixty (60) days before the end of a specific
terxn, determine to terminate an incumbency on the expiration date of that specific term. In that
event and in any other case when a vacancy occurs, the mayor shall appoint an acting person and
the committee herein provided for shall forthwith arrange for an examination to determine
eligibles to fill any vacancy. They may be removed for cause by the mayor with the approval of
the council by five (5) votes after hearing before the council; pending the hearing the employee
may be suspended with or without pay by the mayar.
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Section I2.12.5
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Section 2.
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Pursuant to Minnesota Statute, Section 410.12, subdivision 7, and upon recommendation
and final vote of the Charter Commission of the City of Saint Paul the following sections of
Chapter 14 of the Saint Paul Charter are hereby amended to read as follows:
Section 14.01.1. Preliminary assessment.
(1) After the date of the "final order" described in Section 13.03.2.2 the proper city officers
shall calculate the expenses incurred in making the improvement.
(2) Thereafter, an assessment roll shall be prepared, which shall include assessments
against property benefite� benefitted by the improvement. The roll shall be filed
and open to public inspection.
(3) In estimating the bene&ts to any particular lot, piece or parcel of land, the proper
city officers shall consider the owners' interest therein, the form and position of
the several parcels of land, the qualified rights of the owners, and any other
circumstances rendering the improvement beneficial to him or them.
(4) Notice of the public hearing at which the council will consider the assessment roll
shall be published in the official paper newspaper of the citv not less than twenty
(20) days befare such hearing. At least ten (10) days before the hearing, notice
thereof shall be mailed to every known owner of property subject to an
assessment at his last known address.
(5) At the hearing or at any adjoumxnent thereof, the council shall hear all persons
relative to the assessment. Thereafter by resolution, it shall adopt the assessment
roll with or without amendment.
Section 14.01.4. Appeal.
(1) Within twenty (20) days after the order adopting the assessment, or making a
reassessment, a new assessment or supplemental assessment, any person may
appeal to the district court by filing a notice of appeal with the city clerk stating
the grounds upon which the appeal is taken. Such notice shall be filed with the
clerk of the district court within ten (10) days after the filing with the city clerk.
(2) The only �efenee defense to an assessment shall be that the assessment is
fraudulent, or that it is made upon a demonstrable mistake of fact or law, or that
the assessment is in an amount in excess of the actual benefits to the property.
The jurisdiction of the court shall not be affected by an error, act or omission not
affecting the substantial rights of any person.
(3) A person who fails to file the notice of appeal with the city clerk within the time
specified or fails to file the notice of appeal with the district court within the rime
specified shall be forever barred from proceeding with an appeal and trial in said
court, and the assessment shall be final.
(4) In case of an appeal, the appellant shall be given a copy of the assessment roll or
any part thereof upon payment of an amount designated by administrative
ordinance. This copy shall be certified to by the proper city officers and filed by
the appellant in the district court.
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Section 3.
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This ordinance shall be effective 90 days after its passage, approval and publicarion.
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Adopted by Council: Date fo �/J�
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Adophon Certl£ed by Council Secreta
By: / / /.///G�i%y i7
Approved by May�at� f Z
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By t��c.�, IGt
Requested by Department of:
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Form Appro'ved by Ciry Att
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green
Sheet �
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Departme�Nlofficelcouncii: Date Initiated:
cA -��ryA,�e „-��T-06 Green Sheet NO: 3033514
Cor�c[ Person ffi Phone• DeuartrneM Sent To Person InitiaVDate
Judy Hanson � 0 ' Attorn
266-8710 ASSign 1 i Attorne De artmentDirector �
Must Be on Councii F�qenda by (Date): Number Z ;ty Attomev Citv Auornev a h V��
For
Routing
3 a or's Office Ma odASSistant
Ordef 4 ouncil Ci Council
5 i Clerk G� Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested: �
CityCouncilapprovaltoamendandpublishCityCharterSections 12.033,12.043,12.05,12.06,12.08,12.12,12.12.1,12.12.4,12.12.5,
14.01.1, 14.01.4.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Approval by City Council needed to publish changes to cortect typographical errors in City Charter and to make other changes for
continuiry in the various sections.
AdvantageslfApproved:
Approved changes can be published.
DisadvantapeslfApproved:
None.
Disadvantages If Not Approved:
Changes approved by Charter Commission will not go into effect.
Totaf Amount of CosHRevenue Budgeted: -'
Transaction: ,n
Punding Source: Activity Number: as�eJ(ec�� R�a,ui
Fi nancial I nformation:
(Explain)
DCT 2 7 2006