98-360/.�` �
a��Gi��t
Presented By
Re£erred To
1
2
3
4
5
6
7
Council File # �O — 3��
Green Sheet # ��lo g�
RESOLVED, that the attached ordinance, which amends sections 6.01 and 6.03 of the
Charter of the City of Saint Paul, shall be referred to the Charter Commission for its
recommendation pursuant to Muan. Stat. § 41012, subd. 7(199b), which state law allows an
amendment to such Charter upon the recommenda6on of the Charter Commission and upon the
unanimous vote of all seven members of the City Council.
Aequested by Depax'tment of:
Adopted by Council: Date ��$'
�
Adoption Certified by Council Se ary
BY: tl—
Approv2d by MayoT': D e �
gY:
Sy:
Form Ap oved b City torney
8,,: � • � dZU �1�z1�9�
Approved by Mayor for Submission to Council
By:
RESOLUTION
CITY OF SAINT PAUL, MINIVESOTA
City Council I 430-98
fTAC7 PERSON 8 PHONE
Councilmember Mike Harris (6863Q) -_
�
TOTAL # OF SIf3NATURE PAGES
9�-3�0
GREEN SHEET
n,o 6D693
U otr.R�rertueECrort u cirrcowci _
o�,.�. ❑�,�
❑,���� ❑.�.�„�a
❑wra�(a��smv+m ❑
(CLIP ALL LOCATIONS FOR SIGNATUREJ
A resolution referring to the Saiat Paul Charter Commission an ordinance that would aznend the Chazter to provide for voting requiremenu
in case of abstentions for conflict of interest .
PLANNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
13J.:IA�ia�1
SOURCE
Has ihis perso�rm everwaketl under a conVac[ tar Mis depaAment?
VES NO
Has mis PersoMfirm ever heen a dty empbyee9
YES NO
Doesfhis pe�sonlRim C�eas a sidll not rwrmalryP� M�Y wr�t atY emPbYee?
YES NO
Is Nis pe�sOMrtn a fergeteG vendOR
YES NO
COST/REVENUE BUDt3ETEC (CIRCLE ONhj
�'l��]
INFORMATON (IXPWN)
ACTNITY NUMBER
VffiJi}S�� ➢ <'� �,iyi ta.il
�1
<k'�"�-� : :�J
9`d - 3�u^
Council File # ��s�`'�/
oR���NA�
Presented By
Referred To
Ordinance #
Green Sheet # lo��0 1
An ordinance to amend the Saint Paul
Charter to provide for voting requirements
in case of abstentions for conflicts of interest.
THE COUNCIL OF THE CITY OF SAINT PALiL DOES ORDAIN:
Section 1
Chapter 6 of the Charter of the City of Saint Paul is hereby amended to read as follows:
CHAPTBR 6. LEGISLATIVE PROCBDURES
Sec. 6.01. Actions of the council.
All acts of the council shall be by ordinance or resolution as defined in this Chapter. All
ordinances and resolutions shall be offered in writing. The names of all persons voting for or
against ordinnnccs, resolutions and motions shail be rccorded in tlicjouriml. Unless ii t
the nrovisions of Section 17 Q4 of this Charter by law or bv ordinance to abstain ftom voting
. , any member present who fails to vote sha11 be
recorded as voting in the negative.
Sec. 6.02. Actions requiring notice.
Where a published notice or other notice is required to effectuate an action of the council,
provisions for notice shall be made by administrative ordinance.
Sec. 6.03. Ordinances and resolutions--Ae6ned; vote required.
Sec. 6.03.1. Legislative ordinances.
Every act of the councii which defsnes, licenses, regulates, suppresses, prevents or
prohibits any act, business or person, grants or modifies any franchise, or is in any way an
��'��a7��d�
ORDINANCE p
CITY OF SAIIVT PAUL, MINNESOTA Z/
2
3
4
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
OR(GINAL ���
��- 3C�
exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise
provided in this Charter, such ordinances shali require an a�rmative vote of at least fow (4)
members of the council.
Sec. 6.Q3.2. Administrafive ordinances.
Every act of the council which establishes, alters, or abolishes any department, office or
agency or the procedure for the performance of any administrative act or which promulgates any
rule or regulation for the conduct of the city government or which this Charter requires to be
done by ordinance other than a legislative ordinance shall be by administrative ordinance. Except
as otherwise provided in this Chapter, such ordinances shall require an affirmative vote of at least
four (4) members of the council.
Sec. 6.03.3. Resolutions.
All other acts of the council shali be by resolution, including but not limited to, the
following:
(1)
�2)
(3)
�`�)
Adoption and revision of the budget, except as otherwise provided in Chapter 10;
Certification of the tax levy;
Emergency appropriations;
Declaration of intent of the council;
27 (5) Approval of collective bargaining agreements, setting of wages and salaries, and
28 setting of other terms and conditions of employment; provided, that such approval
29 or amendment by resolution shall receive two (2) readings by the council and that
30 such readings be at least one week apart; and
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(6) Approval or amendment of the Civil Service Rules as established by Section
12.06 of this Charter and pursuant to the procedure set forth therein; provided,
that such approval or amendment by resolution shall zeceive two (2) readings by
the council and that such readings be at least one week apart.
Except as otherwise provided in this Charter, resotutions shall require an affirmative vote
of at least four (4) members.
Sec. 6.03.4. Saving clause.
No action of the council shall be invalid because a legislative ordinance is used when an
administrative ordinance is indicated in this Charter, or an administrative ordinance is used when
a legislative ordinance is indicated, if the requirements for taking the action indicated have been
met.
� ��x��4Y
ORIG{NAL
��y
��- ���
Sec. 6.03.5. Abstentions.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
When a member of the council is rec�uired to abstain from voting, bv any �rovision of this
Charter. by law or ordinance. the number of votes required to pass an ordinance or resolution
�,der thi�section C, (l3 � sim�?1G1]l�vori y �f th��e present. Tf an�tii�r pravisirn� of this
Charter, or of anv law over which this Charter takes precedence. requires either 5. 6 or 7
affirmative votes for the �assage of an�ordinance. resolution or other proposition, the said
munber of required affirmative votes deemed necessarv for passa�e shall be reduced bv the satne
number as the number of those council members who are required to abstain from votin� .
Sec. 6.04. Ordinances and resolutions--Form.
Each ordinance or resolution shall relate to a single subject which shall be expressed
clearly in its title. The enacting clause of each ordinance shall be "The Council of the City of
Saint Paul does ordain."
Sec. 6.05. Ordinances--Procedures.
Every proposed ordinance shali be read in full at the meeting at which it is presented;
provided, that full reading may be waived if a copy of the ordinance is supplied each member of
the council prior to its introduction. Every proposed ordinance shall be read again by title at two
(2) sepazate meetings held not less than a week after the meeting at which it is first presented.
After a praposed ordinance is complete in the farm in wlaich it is to be finally passed, it shail
remain on file in the office of the city clerk for public inspection for at least one week before
final adoption.
Sec. 6.06. Emergency ordinances.
To meet a public emergency, to wit, a sudden or unforeseen situation affecting life,
health, property, or the public peace or welfare that requires immediate council action, the
council may adopt one or more emergency ordinances. An emergency ordinance may not levy
t�es, authorize the issuance of bonds, grant, renew, or extend a franchise or regulate the rate
chazged by any public utility for its services; provided, however, that nothing herein contained is
intended to prevent the city £rom issuing its emergency notes and making any necessary tax
levies therefor as provided in Section 10.07.2 of this Charter. An emergency ordinance shall be
introduced in the form and manner prescrlbed for ordinances generally except that it shall plainly
be designated as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists, and describing it in cleaz and specific terxns. An
emergency ordinance may be passed with or without amendment or it may be rejected at the
meetang at which it is introduced. The unanisnous affirmative vote of all members of the council
shall be required for the passage of an emergency ordinance.
Sec. 6.07. Resolutions--Procedure; effective date.
Every resolution shall be presented in writing and read in full before a vote is taken
unless the reading of the resolution is dispensed with by unanimous consent. Unless otherwis� � /a7 ly v
� 0
ORIGiNAL
g�
1 required by law, resolutions shall become effective upon passage by the council and approval by
2 the mayor or council ovenide of a mayoral veto.
3
4 Sec. 6.08. Signing, filing, presentation to mayor.
0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Every ordinance or resolution adopted by the council shall be presented to the mayor as
soon as practicable, but not later than five (5) business days after its passage, for the mayor's
approval or rejection. WSthin five (5) business days after presentation, the mayor shall either sign
the measure or retum it to the council with a communication in writing stating the disapproval
and the reasons therefor. If the mayor neither signs nor vetoes the measuze within five (5)
business days, it shall be deemed approved.
Sec. b.09. Item veto.
Any ordinance or resolution shall be approved or vetoed by the mayor in its entirety,
except that any item in a measure appropriating money may be approved or vetoed.
Sec. 6.10. Reconsideration and overriding veto,
Any ordinance or resolution or any part of an appropriation measure which has been
vetoed may be reconsidered by the council and shail become law if passed by an affirmative vote
of at least five (5} members within thirty {30) days of the veto. Any such ordinance or resolution
or any part of an appropriation measure which has been reconsidered by the council and repassed
shall be deemed approved.
Sec. 611. Effective date of ordinance.
Emergency ordinances shall be effective upon passage, approval and publication once in
any legal newspaper, unless a later date is specified in the ordinance. All ordinances other than
emergency ordinances shall become effective thirty (30) days after passage, approval and
publication once in the of£xcial newspaper unless a later date is specified therein.
� ,��z1/�r�
ORIGINAL
Sec. 6.12. Codification.
'�����y`f
Q�-3�o
The council shall provide for the compilation of legislative ordinances in a legislative
code and administrative ordinances in an administrative code.
Sec. 6.13. Prima facie evidence.
Any codification or compilation of the ordinances or resolutions of the clty prepared
under the direction of the council or any copy of any ordinance or resolution certified by the city
clerk shall be prima facie evidence of its contents and of the regulazity and legality of its
adoption and shall be admitted as evidence in any court without further proof.
Section 2
This ordinance, having been recommended by the Charter Commission of the City of
5aint Paul, having passed unanimously by all members of the City Council, shall be effective 90
days following its passage, approvai and publication.
Reguested by Department of:
Adopted by Council: Date
Adoption Certified by Council Secretaxy
ey:
Approved by Mayor: Date
By:
Porm Approved by City Attorney
B � �I��
Approved by Mayor for Svbmission to Council
BY:
By:
City Council
�ACT PFRSON & PHONE
Councilmember Mike Hams (68630)
E INRIFTFD l� - `� � "
4-30-98 GREEN SHEET No
NUMeER FoR
ROUTING
OROER
TOTAL � OF SIGNATURE PAGES
ov�utmarr outcnat
mrcau+c�
� / . .
•
�I�:'
❑ CRYATTORM4Y ❑ LT'tti11K ��
�AMxCYL14RNeFJOGt ❑iM�NMLiFIN��ICCTO
❑lumRlatAfastANr� ❑
(CLJP ALL LOCATIONS FOR SIGNATURE)
An ordinance to amend the Saint Paul Chartet to provide for voting requirements in cases of abstentions for conflicts of interest.
PLANNING CAMMISSION
CIB COMMITTEE
GIVIL SERVICE COMMISSION
Hat thb Pe��mm e+er waked under s cortmct 1or �hlf dePe�meM7
YES td0
Has iM1ia pereoruhrm ever been e cib' emPbvee7 � ,
YES NO
Doea Gue peisaM�m possesc a sidll not normellyposseseed by any cuRerR cNy employee7
YES NO
�. mic ce��rm e taroerea ve�Morr
YES ND
There is currently no ordinance that prohibits City Council members from voflng in a matter in which they have a direct financial interest.
City Council members will be prohibited from voting on matters in which Ihey have a direct financial interest.
There will continue co 6e no ocdinance prohibiting City Council memhers from voting on matters in which they have a direct financial
AMOUNi OF TFANSACTION
SOURCE
UJFORtMT10N (EXPWN)
COSi1REVENt7E BUDOE7ED 1CIRCLE ON�
AGTNI7Y NU//BER
vES No
Gout�:i Rese�,rc� C�:�:�r
APR 3 6 19�$
/.�` �
a��Gi��t
Presented By
Re£erred To
1
2
3
4
5
6
7
Council File # �O — 3��
Green Sheet # ��lo g�
RESOLVED, that the attached ordinance, which amends sections 6.01 and 6.03 of the
Charter of the City of Saint Paul, shall be referred to the Charter Commission for its
recommendation pursuant to Muan. Stat. § 41012, subd. 7(199b), which state law allows an
amendment to such Charter upon the recommenda6on of the Charter Commission and upon the
unanimous vote of all seven members of the City Council.
Aequested by Depax'tment of:
Adopted by Council: Date ��$'
�
Adoption Certified by Council Se ary
BY: tl—
Approv2d by MayoT': D e �
gY:
Sy:
Form Ap oved b City torney
8,,: � • � dZU �1�z1�9�
Approved by Mayor for Submission to Council
By:
RESOLUTION
CITY OF SAINT PAUL, MINIVESOTA
City Council I 430-98
fTAC7 PERSON 8 PHONE
Councilmember Mike Harris (6863Q) -_
�
TOTAL # OF SIf3NATURE PAGES
9�-3�0
GREEN SHEET
n,o 6D693
U otr.R�rertueECrort u cirrcowci _
o�,.�. ❑�,�
❑,���� ❑.�.�„�a
❑wra�(a��smv+m ❑
(CLIP ALL LOCATIONS FOR SIGNATUREJ
A resolution referring to the Saiat Paul Charter Commission an ordinance that would aznend the Chazter to provide for voting requiremenu
in case of abstentions for conflict of interest .
PLANNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
13J.:IA�ia�1
SOURCE
Has ihis perso�rm everwaketl under a conVac[ tar Mis depaAment?
VES NO
Has mis PersoMfirm ever heen a dty empbyee9
YES NO
Doesfhis pe�sonlRim C�eas a sidll not rwrmalryP� M�Y wr�t atY emPbYee?
YES NO
Is Nis pe�sOMrtn a fergeteG vendOR
YES NO
COST/REVENUE BUDt3ETEC (CIRCLE ONhj
�'l��]
INFORMATON (IXPWN)
ACTNITY NUMBER
VffiJi}S�� ➢ <'� �,iyi ta.il
�1
<k'�"�-� : :�J
9`d - 3�u^
Council File # ��s�`'�/
oR���NA�
Presented By
Referred To
Ordinance #
Green Sheet # lo��0 1
An ordinance to amend the Saint Paul
Charter to provide for voting requirements
in case of abstentions for conflicts of interest.
THE COUNCIL OF THE CITY OF SAINT PALiL DOES ORDAIN:
Section 1
Chapter 6 of the Charter of the City of Saint Paul is hereby amended to read as follows:
CHAPTBR 6. LEGISLATIVE PROCBDURES
Sec. 6.01. Actions of the council.
All acts of the council shall be by ordinance or resolution as defined in this Chapter. All
ordinances and resolutions shall be offered in writing. The names of all persons voting for or
against ordinnnccs, resolutions and motions shail be rccorded in tlicjouriml. Unless ii t
the nrovisions of Section 17 Q4 of this Charter by law or bv ordinance to abstain ftom voting
. , any member present who fails to vote sha11 be
recorded as voting in the negative.
Sec. 6.02. Actions requiring notice.
Where a published notice or other notice is required to effectuate an action of the council,
provisions for notice shall be made by administrative ordinance.
Sec. 6.03. Ordinances and resolutions--Ae6ned; vote required.
Sec. 6.03.1. Legislative ordinances.
Every act of the councii which defsnes, licenses, regulates, suppresses, prevents or
prohibits any act, business or person, grants or modifies any franchise, or is in any way an
��'��a7��d�
ORDINANCE p
CITY OF SAIIVT PAUL, MINNESOTA Z/
2
3
4
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
OR(GINAL ���
��- 3C�
exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise
provided in this Charter, such ordinances shali require an a�rmative vote of at least fow (4)
members of the council.
Sec. 6.Q3.2. Administrafive ordinances.
Every act of the council which establishes, alters, or abolishes any department, office or
agency or the procedure for the performance of any administrative act or which promulgates any
rule or regulation for the conduct of the city government or which this Charter requires to be
done by ordinance other than a legislative ordinance shall be by administrative ordinance. Except
as otherwise provided in this Chapter, such ordinances shall require an affirmative vote of at least
four (4) members of the council.
Sec. 6.03.3. Resolutions.
All other acts of the council shali be by resolution, including but not limited to, the
following:
(1)
�2)
(3)
�`�)
Adoption and revision of the budget, except as otherwise provided in Chapter 10;
Certification of the tax levy;
Emergency appropriations;
Declaration of intent of the council;
27 (5) Approval of collective bargaining agreements, setting of wages and salaries, and
28 setting of other terms and conditions of employment; provided, that such approval
29 or amendment by resolution shall receive two (2) readings by the council and that
30 such readings be at least one week apart; and
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(6) Approval or amendment of the Civil Service Rules as established by Section
12.06 of this Charter and pursuant to the procedure set forth therein; provided,
that such approval or amendment by resolution shall zeceive two (2) readings by
the council and that such readings be at least one week apart.
Except as otherwise provided in this Charter, resotutions shall require an affirmative vote
of at least four (4) members.
Sec. 6.03.4. Saving clause.
No action of the council shall be invalid because a legislative ordinance is used when an
administrative ordinance is indicated in this Charter, or an administrative ordinance is used when
a legislative ordinance is indicated, if the requirements for taking the action indicated have been
met.
� ��x��4Y
ORIG{NAL
��y
��- ���
Sec. 6.03.5. Abstentions.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
When a member of the council is rec�uired to abstain from voting, bv any �rovision of this
Charter. by law or ordinance. the number of votes required to pass an ordinance or resolution
�,der thi�section C, (l3 � sim�?1G1]l�vori y �f th��e present. Tf an�tii�r pravisirn� of this
Charter, or of anv law over which this Charter takes precedence. requires either 5. 6 or 7
affirmative votes for the �assage of an�ordinance. resolution or other proposition, the said
munber of required affirmative votes deemed necessarv for passa�e shall be reduced bv the satne
number as the number of those council members who are required to abstain from votin� .
Sec. 6.04. Ordinances and resolutions--Form.
Each ordinance or resolution shall relate to a single subject which shall be expressed
clearly in its title. The enacting clause of each ordinance shall be "The Council of the City of
Saint Paul does ordain."
Sec. 6.05. Ordinances--Procedures.
Every proposed ordinance shali be read in full at the meeting at which it is presented;
provided, that full reading may be waived if a copy of the ordinance is supplied each member of
the council prior to its introduction. Every proposed ordinance shall be read again by title at two
(2) sepazate meetings held not less than a week after the meeting at which it is first presented.
After a praposed ordinance is complete in the farm in wlaich it is to be finally passed, it shail
remain on file in the office of the city clerk for public inspection for at least one week before
final adoption.
Sec. 6.06. Emergency ordinances.
To meet a public emergency, to wit, a sudden or unforeseen situation affecting life,
health, property, or the public peace or welfare that requires immediate council action, the
council may adopt one or more emergency ordinances. An emergency ordinance may not levy
t�es, authorize the issuance of bonds, grant, renew, or extend a franchise or regulate the rate
chazged by any public utility for its services; provided, however, that nothing herein contained is
intended to prevent the city £rom issuing its emergency notes and making any necessary tax
levies therefor as provided in Section 10.07.2 of this Charter. An emergency ordinance shall be
introduced in the form and manner prescrlbed for ordinances generally except that it shall plainly
be designated as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists, and describing it in cleaz and specific terxns. An
emergency ordinance may be passed with or without amendment or it may be rejected at the
meetang at which it is introduced. The unanisnous affirmative vote of all members of the council
shall be required for the passage of an emergency ordinance.
Sec. 6.07. Resolutions--Procedure; effective date.
Every resolution shall be presented in writing and read in full before a vote is taken
unless the reading of the resolution is dispensed with by unanimous consent. Unless otherwis� � /a7 ly v
� 0
ORIGiNAL
g�
1 required by law, resolutions shall become effective upon passage by the council and approval by
2 the mayor or council ovenide of a mayoral veto.
3
4 Sec. 6.08. Signing, filing, presentation to mayor.
0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Every ordinance or resolution adopted by the council shall be presented to the mayor as
soon as practicable, but not later than five (5) business days after its passage, for the mayor's
approval or rejection. WSthin five (5) business days after presentation, the mayor shall either sign
the measure or retum it to the council with a communication in writing stating the disapproval
and the reasons therefor. If the mayor neither signs nor vetoes the measuze within five (5)
business days, it shall be deemed approved.
Sec. b.09. Item veto.
Any ordinance or resolution shall be approved or vetoed by the mayor in its entirety,
except that any item in a measure appropriating money may be approved or vetoed.
Sec. 6.10. Reconsideration and overriding veto,
Any ordinance or resolution or any part of an appropriation measure which has been
vetoed may be reconsidered by the council and shail become law if passed by an affirmative vote
of at least five (5} members within thirty {30) days of the veto. Any such ordinance or resolution
or any part of an appropriation measure which has been reconsidered by the council and repassed
shall be deemed approved.
Sec. 611. Effective date of ordinance.
Emergency ordinances shall be effective upon passage, approval and publication once in
any legal newspaper, unless a later date is specified in the ordinance. All ordinances other than
emergency ordinances shall become effective thirty (30) days after passage, approval and
publication once in the of£xcial newspaper unless a later date is specified therein.
� ,��z1/�r�
ORIGINAL
Sec. 6.12. Codification.
'�����y`f
Q�-3�o
The council shall provide for the compilation of legislative ordinances in a legislative
code and administrative ordinances in an administrative code.
Sec. 6.13. Prima facie evidence.
Any codification or compilation of the ordinances or resolutions of the clty prepared
under the direction of the council or any copy of any ordinance or resolution certified by the city
clerk shall be prima facie evidence of its contents and of the regulazity and legality of its
adoption and shall be admitted as evidence in any court without further proof.
Section 2
This ordinance, having been recommended by the Charter Commission of the City of
5aint Paul, having passed unanimously by all members of the City Council, shall be effective 90
days following its passage, approvai and publication.
Reguested by Department of:
Adopted by Council: Date
Adoption Certified by Council Secretaxy
ey:
Approved by Mayor: Date
By:
Porm Approved by City Attorney
B � �I��
Approved by Mayor for Svbmission to Council
BY:
By:
City Council
�ACT PFRSON & PHONE
Councilmember Mike Hams (68630)
E INRIFTFD l� - `� � "
4-30-98 GREEN SHEET No
NUMeER FoR
ROUTING
OROER
TOTAL � OF SIGNATURE PAGES
ov�utmarr outcnat
mrcau+c�
� / . .
•
�I�:'
❑ CRYATTORM4Y ❑ LT'tti11K ��
�AMxCYL14RNeFJOGt ❑iM�NMLiFIN��ICCTO
❑lumRlatAfastANr� ❑
(CLJP ALL LOCATIONS FOR SIGNATURE)
An ordinance to amend the Saint Paul Chartet to provide for voting requirements in cases of abstentions for conflicts of interest.
PLANNING CAMMISSION
CIB COMMITTEE
GIVIL SERVICE COMMISSION
Hat thb Pe��mm e+er waked under s cortmct 1or �hlf dePe�meM7
YES td0
Has iM1ia pereoruhrm ever been e cib' emPbvee7 � ,
YES NO
Doea Gue peisaM�m possesc a sidll not normellyposseseed by any cuRerR cNy employee7
YES NO
�. mic ce��rm e taroerea ve�Morr
YES ND
There is currently no ordinance that prohibits City Council members from voflng in a matter in which they have a direct financial interest.
City Council members will be prohibited from voting on matters in which Ihey have a direct financial interest.
There will continue co 6e no ocdinance prohibiting City Council memhers from voting on matters in which they have a direct financial
AMOUNi OF TFANSACTION
SOURCE
UJFORtMT10N (EXPWN)
COSi1REVENt7E BUDOE7ED 1CIRCLE ON�
AGTNI7Y NU//BER
vES No
Gout�:i Rese�,rc� C�:�:�r
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Presented By
Re£erred To
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Council File # �O — 3��
Green Sheet # ��lo g�
RESOLVED, that the attached ordinance, which amends sections 6.01 and 6.03 of the
Charter of the City of Saint Paul, shall be referred to the Charter Commission for its
recommendation pursuant to Muan. Stat. § 41012, subd. 7(199b), which state law allows an
amendment to such Charter upon the recommenda6on of the Charter Commission and upon the
unanimous vote of all seven members of the City Council.
Aequested by Depax'tment of:
Adopted by Council: Date ��$'
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Adoption Certified by Council Se ary
BY: tl—
Approv2d by MayoT': D e �
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Form Ap oved b City torney
8,,: � • � dZU �1�z1�9�
Approved by Mayor for Submission to Council
By:
RESOLUTION
CITY OF SAINT PAUL, MINIVESOTA
City Council I 430-98
fTAC7 PERSON 8 PHONE
Councilmember Mike Harris (6863Q) -_
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TOTAL # OF SIf3NATURE PAGES
9�-3�0
GREEN SHEET
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A resolution referring to the Saiat Paul Charter Commission an ordinance that would aznend the Chazter to provide for voting requiremenu
in case of abstentions for conflict of interest .
PLANNING COMMISSION
CIB COMMIITEE
CIVIL SERVICE COMMISSION
13J.:IA�ia�1
SOURCE
Has ihis perso�rm everwaketl under a conVac[ tar Mis depaAment?
VES NO
Has mis PersoMfirm ever heen a dty empbyee9
YES NO
Doesfhis pe�sonlRim C�eas a sidll not rwrmalryP� M�Y wr�t atY emPbYee?
YES NO
Is Nis pe�sOMrtn a fergeteG vendOR
YES NO
COST/REVENUE BUDt3ETEC (CIRCLE ONhj
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INFORMATON (IXPWN)
ACTNITY NUMBER
VffiJi}S�� ➢ <'� �,iyi ta.il
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Council File # ��s�`'�/
oR���NA�
Presented By
Referred To
Ordinance #
Green Sheet # lo��0 1
An ordinance to amend the Saint Paul
Charter to provide for voting requirements
in case of abstentions for conflicts of interest.
THE COUNCIL OF THE CITY OF SAINT PALiL DOES ORDAIN:
Section 1
Chapter 6 of the Charter of the City of Saint Paul is hereby amended to read as follows:
CHAPTBR 6. LEGISLATIVE PROCBDURES
Sec. 6.01. Actions of the council.
All acts of the council shall be by ordinance or resolution as defined in this Chapter. All
ordinances and resolutions shall be offered in writing. The names of all persons voting for or
against ordinnnccs, resolutions and motions shail be rccorded in tlicjouriml. Unless ii t
the nrovisions of Section 17 Q4 of this Charter by law or bv ordinance to abstain ftom voting
. , any member present who fails to vote sha11 be
recorded as voting in the negative.
Sec. 6.02. Actions requiring notice.
Where a published notice or other notice is required to effectuate an action of the council,
provisions for notice shall be made by administrative ordinance.
Sec. 6.03. Ordinances and resolutions--Ae6ned; vote required.
Sec. 6.03.1. Legislative ordinances.
Every act of the councii which defsnes, licenses, regulates, suppresses, prevents or
prohibits any act, business or person, grants or modifies any franchise, or is in any way an
��'��a7��d�
ORDINANCE p
CITY OF SAIIVT PAUL, MINNESOTA Z/
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OR(GINAL ���
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exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise
provided in this Charter, such ordinances shali require an a�rmative vote of at least fow (4)
members of the council.
Sec. 6.Q3.2. Administrafive ordinances.
Every act of the council which establishes, alters, or abolishes any department, office or
agency or the procedure for the performance of any administrative act or which promulgates any
rule or regulation for the conduct of the city government or which this Charter requires to be
done by ordinance other than a legislative ordinance shall be by administrative ordinance. Except
as otherwise provided in this Chapter, such ordinances shall require an affirmative vote of at least
four (4) members of the council.
Sec. 6.03.3. Resolutions.
All other acts of the council shali be by resolution, including but not limited to, the
following:
(1)
�2)
(3)
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Adoption and revision of the budget, except as otherwise provided in Chapter 10;
Certification of the tax levy;
Emergency appropriations;
Declaration of intent of the council;
27 (5) Approval of collective bargaining agreements, setting of wages and salaries, and
28 setting of other terms and conditions of employment; provided, that such approval
29 or amendment by resolution shall receive two (2) readings by the council and that
30 such readings be at least one week apart; and
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(6) Approval or amendment of the Civil Service Rules as established by Section
12.06 of this Charter and pursuant to the procedure set forth therein; provided,
that such approval or amendment by resolution shall zeceive two (2) readings by
the council and that such readings be at least one week apart.
Except as otherwise provided in this Charter, resotutions shall require an affirmative vote
of at least four (4) members.
Sec. 6.03.4. Saving clause.
No action of the council shall be invalid because a legislative ordinance is used when an
administrative ordinance is indicated in this Charter, or an administrative ordinance is used when
a legislative ordinance is indicated, if the requirements for taking the action indicated have been
met.
� ��x��4Y
ORIG{NAL
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Sec. 6.03.5. Abstentions.
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When a member of the council is rec�uired to abstain from voting, bv any �rovision of this
Charter. by law or ordinance. the number of votes required to pass an ordinance or resolution
�,der thi�section C, (l3 � sim�?1G1]l�vori y �f th��e present. Tf an�tii�r pravisirn� of this
Charter, or of anv law over which this Charter takes precedence. requires either 5. 6 or 7
affirmative votes for the �assage of an�ordinance. resolution or other proposition, the said
munber of required affirmative votes deemed necessarv for passa�e shall be reduced bv the satne
number as the number of those council members who are required to abstain from votin� .
Sec. 6.04. Ordinances and resolutions--Form.
Each ordinance or resolution shall relate to a single subject which shall be expressed
clearly in its title. The enacting clause of each ordinance shall be "The Council of the City of
Saint Paul does ordain."
Sec. 6.05. Ordinances--Procedures.
Every proposed ordinance shali be read in full at the meeting at which it is presented;
provided, that full reading may be waived if a copy of the ordinance is supplied each member of
the council prior to its introduction. Every proposed ordinance shall be read again by title at two
(2) sepazate meetings held not less than a week after the meeting at which it is first presented.
After a praposed ordinance is complete in the farm in wlaich it is to be finally passed, it shail
remain on file in the office of the city clerk for public inspection for at least one week before
final adoption.
Sec. 6.06. Emergency ordinances.
To meet a public emergency, to wit, a sudden or unforeseen situation affecting life,
health, property, or the public peace or welfare that requires immediate council action, the
council may adopt one or more emergency ordinances. An emergency ordinance may not levy
t�es, authorize the issuance of bonds, grant, renew, or extend a franchise or regulate the rate
chazged by any public utility for its services; provided, however, that nothing herein contained is
intended to prevent the city £rom issuing its emergency notes and making any necessary tax
levies therefor as provided in Section 10.07.2 of this Charter. An emergency ordinance shall be
introduced in the form and manner prescrlbed for ordinances generally except that it shall plainly
be designated as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists, and describing it in cleaz and specific terxns. An
emergency ordinance may be passed with or without amendment or it may be rejected at the
meetang at which it is introduced. The unanisnous affirmative vote of all members of the council
shall be required for the passage of an emergency ordinance.
Sec. 6.07. Resolutions--Procedure; effective date.
Every resolution shall be presented in writing and read in full before a vote is taken
unless the reading of the resolution is dispensed with by unanimous consent. Unless otherwis� � /a7 ly v
� 0
ORIGiNAL
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1 required by law, resolutions shall become effective upon passage by the council and approval by
2 the mayor or council ovenide of a mayoral veto.
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4 Sec. 6.08. Signing, filing, presentation to mayor.
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Every ordinance or resolution adopted by the council shall be presented to the mayor as
soon as practicable, but not later than five (5) business days after its passage, for the mayor's
approval or rejection. WSthin five (5) business days after presentation, the mayor shall either sign
the measure or retum it to the council with a communication in writing stating the disapproval
and the reasons therefor. If the mayor neither signs nor vetoes the measuze within five (5)
business days, it shall be deemed approved.
Sec. b.09. Item veto.
Any ordinance or resolution shall be approved or vetoed by the mayor in its entirety,
except that any item in a measure appropriating money may be approved or vetoed.
Sec. 6.10. Reconsideration and overriding veto,
Any ordinance or resolution or any part of an appropriation measure which has been
vetoed may be reconsidered by the council and shail become law if passed by an affirmative vote
of at least five (5} members within thirty {30) days of the veto. Any such ordinance or resolution
or any part of an appropriation measure which has been reconsidered by the council and repassed
shall be deemed approved.
Sec. 611. Effective date of ordinance.
Emergency ordinances shall be effective upon passage, approval and publication once in
any legal newspaper, unless a later date is specified in the ordinance. All ordinances other than
emergency ordinances shall become effective thirty (30) days after passage, approval and
publication once in the of£xcial newspaper unless a later date is specified therein.
� ,��z1/�r�
ORIGINAL
Sec. 6.12. Codification.
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The council shall provide for the compilation of legislative ordinances in a legislative
code and administrative ordinances in an administrative code.
Sec. 6.13. Prima facie evidence.
Any codification or compilation of the ordinances or resolutions of the clty prepared
under the direction of the council or any copy of any ordinance or resolution certified by the city
clerk shall be prima facie evidence of its contents and of the regulazity and legality of its
adoption and shall be admitted as evidence in any court without further proof.
Section 2
This ordinance, having been recommended by the Charter Commission of the City of
5aint Paul, having passed unanimously by all members of the City Council, shall be effective 90
days following its passage, approvai and publication.
Reguested by Department of:
Adopted by Council: Date
Adoption Certified by Council Secretaxy
ey:
Approved by Mayor: Date
By:
Porm Approved by City Attorney
B � �I��
Approved by Mayor for Svbmission to Council
BY:
By:
City Council
�ACT PFRSON & PHONE
Councilmember Mike Hams (68630)
E INRIFTFD l� - `� � "
4-30-98 GREEN SHEET No
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(CLJP ALL LOCATIONS FOR SIGNATURE)
An ordinance to amend the Saint Paul Chartet to provide for voting requirements in cases of abstentions for conflicts of interest.
PLANNING CAMMISSION
CIB COMMITTEE
GIVIL SERVICE COMMISSION
Hat thb Pe��mm e+er waked under s cortmct 1or �hlf dePe�meM7
YES td0
Has iM1ia pereoruhrm ever been e cib' emPbvee7 � ,
YES NO
Doea Gue peisaM�m possesc a sidll not normellyposseseed by any cuRerR cNy employee7
YES NO
�. mic ce��rm e taroerea ve�Morr
YES ND
There is currently no ordinance that prohibits City Council members from voflng in a matter in which they have a direct financial interest.
City Council members will be prohibited from voting on matters in which Ihey have a direct financial interest.
There will continue co 6e no ocdinance prohibiting City Council memhers from voting on matters in which they have a direct financial
AMOUNi OF TFANSACTION
SOURCE
UJFORtMT10N (EXPWN)
COSi1REVENt7E BUDOE7ED 1CIRCLE ON�
AGTNI7Y NU//BER
vES No
Gout�:i Rese�,rc� C�:�:�r
APR 3 6 19�$