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90-1487 � R � �j�A� � - � Council File # �a -��7 Ordinance # /7710 Green Sheet # .�"�3 59 ORDINANCE CI OF SAINT PAUL, MINNESOTA �.. Presented By '� h •� Referred To Comnittee: Date An ordin ce amending Chapter 111 of the Saint Paul Administration Code to provide for the ity attorney to act as staff support to the ethical practices board and further to provi e that the board review of statements and reports filed pursuant to Chapter 28 of t Saint Paul Legislative Code be completed within siac months from the filing date of th se statements and reports following the general election. THE COUNCIL OF E CITY OF SAINT PAUL DOES ORDAIN: Section 1 That Chapter 11 of the Saint Paul Administrative code entitled "Ethical Practices Board" be amended in Section 1 1.04 to read as follows: Sec. 111.04. Pow rs and duties. (a) The board hall, with the approval of the city council, adopt, promulgate, amend and rescind suita le administrative rules and regulations to carry out the polices and proposes of this hapter. As part of its rulemaking function, the board shall have the authority to pro ulgate a rule providing that, as a condition of filing a complaint with the board, the c plainant shall sign a written statement agreeing to be assessed reasonable costs nd attomey's fees as determined by the board if it finds the complaint to be frivolous o made in bad faith or brought for vexatious reasons or substantially for the purpose of h rassment. (b) The board ay require that forms be developed and prepared for the complaints required by this hapter. The city clerk shall assist the board in developing and preparing said fo ms. (c) In cooperati n with the city clerk's office, the board shall compile and maintain a cunent list of all eports and statements filed pursuant to Chapter 28 of the Saint Paul Legislative Code nd Chapter 24 of the Saint Paul Administrative Code. (d) The board s all investigate whether statements and reports have been filed within the times require by Chapter 28 of the Saint Paul Legislative Code and Chapter 24 of the Saint Paul A ministrative Code. Board revi�w of statements and reports required b Cha ter 28 sh 11 be com leted within six months from th filin date of those stat ments and re orts followin the eneral election. � � : �yd_,y�7 �� ( �� oard sha11 review reports for completeness and intemal consistency and i c�e tly v rify entries on cam ai n disclosure re orts and other forms on an P g P arithmetically r domly selected basis. (f� The board hall make ongoing reviews of and, where appropriate, recommend to the city council mendments ordinances relating to election regulations and may make recommendatio regarding the city's code of ethics. (g) Pursuant t Saint Paul Legislative Code Section 28.03 (d)(7), the board shall have the authority to xempt an individual, political parties, political committees, and personal campai committees from the filing requirements of Saint Paul Legislative Code Section 28 03 (d). (h) The board hall provide reports to the city council and the mayor upon completion of the board's fi dings relating to paragraphs (c), (d) and (e) of this section. (i) The board ay obtain subpoenas from the district court to compel the attendance of witnesses and the production of documents at any hearing. (j) The board s a11 have the authority to issue advisory opinions regarding the provisions of Sai t Paul Administrative Code, Chapter 24 and Saint Paul Legislative Code, Chapters 8 and 29. Section 2 That Chapter 11 of the Saint Paul Administrative Code entitled "Ethical Practices Board" be amended in Section 11 .041 to read as follows: Section 111.041. taff support. The City Attorne 's Office ' shall provide staff support to the board. Section 3 That Chapter 111 of the Saint Paul Administrative Code entitled "Ethical Practices Board" be amended in Section 11 .OS to read as follows: Sec. 111.05. Com laint and hearings (a) FILING. S bject to the limitation set forth in Section 111.01.3 of this chapter, any resident of the ci may file with the board a complaint, under oath, allegi g a violation of Chapter 28 and/or 29 of the Saint Paul Legislative Code and/or Cha ter 24 of the Saint Paul Administrative Code. Notwithsta ding the provisions of Section 111.04(a), the ' ' ' staff to the board shall have the authority to receive anonymous complaints, and waive signing of the stat ment required by Section 111.04 and bring a formal complaint on behalf of the city, if the �uditer staff to the board determines that a complaint is not frivolous, is not m de in bad faith, and is not brought for the purpose of being vexatious or harassing. Upon recei t of such complaint, the board shall conduct a preliminary investigation. Up n completion of that investigation, if the board deternunes that there are no reasonable grounds to believe that a violation has occuned or that the complaint is frivolous or ma e in bad faith or brought for vexatious reasons or substantially for the ORI � �° `�� hara sment, it shall dismiss the complaint; otherwise, the board shall refer the complaint f a hearing as set forth in this section. (b) PROCED RE. The board shall conduct a hearing on each complaint not previously dismi sed and shall rule thereon; provided such hearing shall be held and rulings made wi hin ten (10) days following the date a complaint is referred or within half the time fr the date the complaint is referred to it to the date of the election, whichever is les . The chair of the board may obtain subpoenas from the district court to compel the attendance f witnesses and the production of documents at any hearing. Upon co pletion of a hearing the board shall, within seventy-two (72) hours, issue a written d termination stating whether there has been a violation of law and a statement settin forth the facts and provisions of law upon which the deternunations based; provided, however, that where a complaint relates to an election to be held within seven (7) ays of the filing of the complaint, the board shall make a written determination thin forty-eight (48) hours of the completion of the hearing. Upon det rmination of a violation of Chapter 28 and/or 29 of the Legislative Code, and/or C apter 24 of the Administrative Code, the board shall issue findings which may inclu e referral of the complaint to the appropriate authority for civil, criminal or disci linary action Section 4 That this ordina ce shall take effect and be in force thirty (30) days after its passage, approval and publication. --------- --- --- ------ ------- \Ye Na s Absent Requested by Department of: Dimon Goswitz Lon v Macca ee Rettman T une Wi son BY� O SEP 2 5 1990 Form App by City Attorney Adopted by Council: ate Adoption C rtified by Council Secretary By, � � - � , gy' Appror�ed�'� by Mayor for Submission to Approved by Mayor: ate SEP 2 '7 1990 �°""""�/ � > g ��'�r%.6L�L�� By: Y= FU��.E�H�D ��'�' - � 1990_ �� ' Council File # ' Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date ordin ce amending Chapter 111 of the Saint Paul Administration Code to provide for he ity attorney to act as staff support to the ethical practices board and further to pr 'd that the board review of statements and reports filed pursuant to Chapter 28 of Saint Paul Legislative Code be completed within six months from the filing date of th statements and reports following the general election. THE COUNCIL OF CITY OF SAINT PAUL DOES ORDAIN: Section 1 That Chapter 11 of the Sai t Paul Administrative code entitled "Ethical Practices Board" be amended in Section 1 1.04 to read follows: Sec. 111.04. Pow rs and duties. (a) The board hall, with the appro of the city council, adopt, promulgate, amend and rescind suita le administrative rule and regulations to carry out the polices and proposes of this hapter. As part of its emaking function, the board shall have the authority to pro ulgate a rule providing th t, as a condition of filing a complaint with the board, the co plainant shall sign a writt statement agreeing to be assessed reasonable costs d attomey's fees as determi ed by the board if it finds the complaint to be frivolous o made in bad faith or brought r vexatious reasons or substantially for the purpose of h rassment. (b) The board ay require that forms be develope d prepared for the complaints required by this apter. The city clerk shall assist the oard in developing and preparing said fo . (c) In cooperati n with the city clerk's office, the board sh 1 compile and maintain a current list of all eports and statements filed pursuant to Ch ter 28 of the Saint Paul Legislative Code nd Chapter 24 of the Saint Paul Administrat e Code. (d) The board s all investigate whether statements and reports ve been filed within the times require by Chapter 28 of the Saint Paul Legislative Cod and Chapter 24 of the Saint Paul A 'nistrative Code. Board review of statements an e orts re uired b Cha ter 28 sh 11 be com leted within six months fr m he filin da of those statements and re orts followin the eneral election. � � � �=90-i��7 ' (e) Tl�e board shall review reports for completeness and internal consistency and �7y�� independently v rify entries on campaign disclosure reports and other forms on an arithmetically r domly selected basis. (f� The board hall make ongoing reviews of and, where appropriate, recommend to the city council endments ordinances relating to election regulations and may make recommen tio regarding the city's code of ethics. (g) Pursuant Saint Paul Legislative Code Section 28.03 (d)(7), the board shall have the authority to mpt an individual, political parties, political committees, and personal campai n mmittees from the filing requirements of Saint Paul Legislative Code Section 28 03 ( (h) The board shall pro 'de reports to the city council and the mayor upon completion of the board's fi dings relat g to paragraphs (c), (d) and (e) of this section. (i) The board ball have the thority to issue advisory opinions regarding the provisions of Sai t Paul Adminis ative Code, Chapter 24 and Saint Paul Legislative Code, Chapters 8 and 29. � � Section 2 That Chapter 11 of the Saint Paul Ad ' 'strative Code entitled "Ethical Practices Board" be amended in Section 1 1.041 to read as follows: Section 111.041, taff support. The City Attom y's Office ' shall provide staff support t the board. Section 3 That Chapter 11 of the Saint Paul Administrative Co entitled "Ethical Practices Board" be amended in Section 11 .OS to read as follows: Sec. 111.05. Com laint and hearings (a) FILING. S bject to the limitation set forth in Section 1 1.01.3 of this chapter, any resident of the ci ' ' ' may file with t board a complaint, under oath, alleg ng a violation of Chapter 28 and/or 29 of the int Paul Legislative Code and/or Ch pter 24 of the Saint Paul Administrative Code. Notwithst ding the provisions of Section 111.04(a), the ' ' s ff to th b ard shall have the authority to receive anonymous comp ints, an waive signing of the sta ement required by Section 111.04 and bring a formal mplaint on behalf of the city, if the au�it�or staff to the board determines that a com laint is not frivolous, is not ade in bad faith, and is not brought for the purpose of b ing vexatious or harassing. Upon rece pt of such complaint, the board shall conduct a preliminary investigation. Up n completion of that investigation, if the board determines that there are no reasonabl grounds to believe that a violation has occurred or that the complaint is frivolous or ma e in bad faith or brought for vexatious reasons or substantially for the purpose of harass ent, it shall dismiss the complaint; otherwise, the board shall refer the complaint for a hearing as set forth in this section. • �-ya-�y�7 � (b) PROCED RE. The board shall conduct a hearing on each complaint not � 7�(�� previousl y dismi sed and shall rule thereon; provided such hearin g shall be held and �rulings made wi hin ten (10) days following the date a complaint is referred or within half the time fr m the date the complaint is refened to it to the date of the election, wl�ichever is les . e chai of the board may obtain subpoenas from the district court to compel the atte ance f witnesses and the production of documents at any hearing. Upon o pletion of a hearing the board shall, within seventy-two (72) hours, issue a written etermination stating whether there has been a violation of law and a statement settin orth the facts and provisions of law upon which the determinations based; provided, h ever, that where a complaint relates to an election to be held within seven (7) day of the filing of the complaint, the board shall make a written determination thin ty-eight (48) hours of the completion of the hearing. Upon det rminatio of a violation of Chapter 28 and/or 29 of the Legislative Code, and/or C apter 24 o he Administrative Code, the board shall issue findings which may inclu e referral o he complaint to the appropriate authority for civil, criminal or disci linary action Section 4 That this ordin ce sha11 take effect a be in force thirty (30) days after its passage, approval and publication. --------------- --- --- ------ --------- Te s Na s Absent Requested by partment of: D�mon Goswttz Lon �. Macca e ., Rettman � T une Ni son � BY� ___________________ _____Q====—_________ Form A ved by City ttorney Adopted by Councit: Date � Adoption Certified by Counci l Secretary BY, — _/� _�v By: � Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: � � i G L N A L . Council File # I ! Ordinance � Green Sheet � r �! ORDINANCE �� CI SAINT PAUL, MI ESOTA I� �; �.. Presented By Referred To Committee: Date ordinance amending Chapter 111 of the Saint Paul Admini tration Code to provide for the city attorney to act as taff support to the ethical practices board and furthe provide that the board review of statements and re or filed pursuant to Chapter 28 of the Saint Paul Le isla'��ive Code be completed within six months from the fil 'ng da�,e of those statements and reports following the ge ral el�ction. THE COUNCIL F THE CITY OF SAINT PAUL DOES ORDAIN: ,. ,"4 Section 1 That C apter 111 of � he Saint Paul Administrative Code entitled "Et ical Practices B rd" be amended in Section 111. 04 to read as foll ws: Sec. 11 .04. Powers and duti�. (a) T e board shall, with th approval of the city council, adopt, promulgate, ame and rescind suitable adminis rative rules and regulat�ons to carry out the polices and proposes of this chap er. As part of its rulemak'ng function, the board shal have the authority to prom lgate a rule providing that, as a condition of filing complaint with the board, the`��complainant shall sign a written statement agreeing `�o be assessed reasona le costs and attorney's fees as d�termined by the board i it finds the complaint to be fri�olous or made in bad faith or brought for vexatious reasons or substan ially for the propose of harassmen�. � (b) Th board may require that forms be developed and prepare for the complaints required by this chapter. The cit clerk shall assist the board in developing and prepari g said forms. ORIGlNAL � � � �� -�� (c) I cooperation with the city clerk's office, the board hall compile and maintain a current list of all report and statements filed pursuant to Chapter 28 of the Sa'nt Paul Legislative Code and Chapter 24 of the Sai t aul Administrative Code. (d) board shall investigate whether statements and reports have been filed within the times required by Chapter �.8 of the Saint Paul Legislative Code and Chapter 24 of t e��Saint Paul Administrative Code. Board review of stat me� ts and re orts re ired b Cha ter 28 shall be com eted within six months from the filin date of those tate ` nts and re orts followin the eneral electio . (e) Th board sY�all review reports for completeness and interna consisten.cy and independently verify entries on campaig disclosui'� reports and other forms on an arithme ically randd�ly selected basis. (f) Th board shall m ke ongoing reviews of and, where appropr ate, recommend o the city council amendments ordinan es relating to el ction regulations and may make recomme dations regarding `�he city's code of ethics. (g) Pu suant to Saint Pau Legislative Code Section 28. 03 ( ) (7) , the board sha 1 have the authority to exempt an individual, polit cal parties, political committ es, and personal campa n committees from the filing requirements of Saint aul Legislative Code Section 28. 03 (d) . � (h) The board shall provide reports to the city council and the mayor upon completion of th board's findings relatin to paragraphs (c) , (d) and (e of this section. (i) Th board may obtain subpoenas f m the district court t compel the attendance of wit esses and the producti n of documents at any hearing. � (j) The board shall have the authority to i�sue advisory opinions regarding the provisions of Saint Paul Administ ative Code, Chapter 24 and �aint Paul Legislat've Code, Chapters 28 and 29. 2 ORIGIf� AL � � �� . � � ��a _ ,�� Section 2 That apter 111 of the Saint Paul Administrative Code entitled "E hical Practices Board" be amended in Section 111. 041 to read as ollows: Sectio 1 1.041. Staff support. The Ci y ttorney's Office �------, .��—e�t�iz shall provid sta support to the board. Section 3 That C apter 1 1 of the Saint Paul Administrative Code entitled "E ical Prac ices Board" be amended in Section 111. 05 to read as fol ows: Sec. 1 1.05. Complai t and hearinqs (a) F LING. Subject to the limitation set forth in Sectio 111. 01.3 of thi chapter, any resident of the city may file with the board complaint, under th, alleging a violation of Chapte 28 and/or 29 of the' Saint Paul Legislative Code and/or hapter 24 of the Sair�t Paul Administrative Code. N withstanding the provi�'ons of Section 111.04 (a) , the sta� to the board shall have the aut ority to receive anonymo s complaints, and waive signing of the statement required\by Section 111. 04 �a-� . , � �, Up n receipt of such complaint,'�, the board shall conduct a preliminary investigation. U�on completion of that i estigation, if the board deterrit�ines that there are no easonable grounds to believe that`�,a violation has occurre or that the complaint is frivol'pus or made in bad f ith or brought for vexatious'°� reasons or substan ially for the purpose of harassment, it shall dismiss the complaint; otherwise, the board shall refer the com laint for a hearing as set forth in this section. 3 � � � Gli� � L � � � �� , � �� l��a -��7 (b) P OCEDURE. The board shall conduct a hearing on each c mplaint not previously dismissed and shall rule thereo ; provided such hearing shall be held and rulings made w'thin ten (10) days following the date a complaint is ref rred or within half the time from the date the compla'nt 's referred to it to the date of the election, whiche er � less. \ T e chai� of the board may obtain subpoenas from the distri t court`��,to compel the attendance of witnesses and the pr duction t�f documents at any hearing. U on complet%pn of a hearing the board shall, within sevent -two (72) h urs, issue a written determination statin whether the has been a violation of law and a statem nt setting fo h the facts and provisions of law upon wh'ch the determin tion is based; provided, however, that w ere a complaint lates to an election to be held within even (7) days of e filing of the complaint, the board hall make a writte determination within forty- eight (48) hours of the com�letion of the hearing. `�� U on determination of a violation of Chapter 28 and/or 29 of the Legislative C se, and/or Chapter 24 of the Ad inistrative Code, the bo��d shall issue findings � which ay include referral of tithe complaint to the approp iate authority for civil, cr�minal or disciplinary action Section 4 �'� That t is ordinance shall take effect a�►d be in force thirty (30) days a ter its passage, approval and puY�,lication. as Navs Absent Requested by Department of: i non osw ,z on acca ee e m une i son BY� Adopted by Council: Date Form oved by Cit Attorney Adoption Certified b Council Secretary BY: � ��f'G By° Approved by Mayor for Submission to Approved by Mayor: Date Council By: By� . � . , . �•• f � ��a�/� V DEPARTMENTlOFFICE/OOUNpI ' DATE INITIATED Councilmember Janic Rettman 8/ 4/90 GREEN SHEET NO. 5 3 5 9l� �NTACT PERSON 3 PHONE �NITIAU DATE INITIAUDATE �DEPARTMENT DIRECTOR �GTY COUNqL Janice Rettman - 29 -5289 �� cmr nrroRNev �ciTV c.�.erac MUBT BE ON COUNpL AQENDA BY(DA ROUTINO �BUDOET DIRECTOR �FIN.8 MOT.BERVICES DIR. ASAP - For Action ❑wurra+ca+�ssisr�rrn ❑ TOTAL#�OF 81QNATURE PAG (CLIP ALL LOCATION8 FOR SIGNATUR� ACT10N REQUESTED: Amending Chapter 11 of the St. Paul Administrative Code to provide for the City Attorney to act as staff sup ort to the Ethical Practices Board. Also, amends the Code to accommodate for Boa d review of statements and reports by candidates, etc. RECOMMENDATIONS:Approve(A)a ReJ�ct COUNCIL COMMIITEE/RESEARCH REPORT OPTIONAL _PLANNINO COMMIBSION _ L SERVICE COMMISSION ��Y8T PHONE NO. _CIB COMMITTEE _ _3TAFF _ COMMENTS: _DI8TRICT COURT _ SUPPORTS WHiqi COUNqL 08JECTIVE? Complies with actio alread take b Cit Council via Bud et amendments etc. INITIATINO PROBLEM,188UE,OPPORTUN (Who,Whet,Whsn,Whsro,Wh�: Clarifies language a d requests action by the Ethical Practices Board. ADVANTAOES IF APPROVED: Clear direction to t e Board and clear staffing requirements to assist the Board. DISADVANTA(�ES IF APPFIOVED: None. RECEIVED AUG1619A0 a�'"M"°��F"°T"�'°"E°: CITY CLERK Unclear staffing conc rns will plague the Board's productivity. �ounciJ Fte�earch Cente� AUG 161�� TOTAL AMOUNT OF TRANSACTION - � COST/RHVENUE BUDOETED(CIRCLE ON� YES NO FUNDING SOURCE ACTIVITY NUMBER FlNANqAL INFORMATION:(EXPWN) � . . � ' . . , . . . , NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE(3REEN SHEET INSTRUCTIONAL " MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Bebw are preferred routings for the flve most frequent rypes of dxuments: CONTRACTS (assumes authorized COUNCIL RESOLUTION (Amend, BdgtsJ budget exists) Accept. Grants) 1. Outside Agency 1. DepartmeM Director 2. InitiaHng Department 2. Budget Director 3. City Attomey 3. Ciry Attorney 4. Mayor 4. MayodAssistant 5. Finance&Mgmt Svcs. Director 5. City Council 6. Finance Accounting 6. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNqL RESOLUTION (all others) Revisfon) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. DepartmeM Accountant 2• City Attomey 3. Department Director 3. MayoNAssistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. Ciry Attorney 3. Mayor/Asaistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and ap�erclie each of these pages, ACTION REGfUESTED Describe what the projectlrequest seeks to accomplish in either chronologi- cal order or order of importance,wh�hever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENOATIONS Complete if the issne in question has been preseMed before any body, public or private. • SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest suppons by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEEIRESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAOES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific wa in which the Ciry of Safnt Paul and its citizens will benefit from this pro�icUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g., traffic delays, noise, tax increases or assesaments)?To Whom?WhenT For how tong? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if tbe promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Afthough you must tailor the information you provide here to the issue you are addressing, in general you must answer Mro questions: How much is it going to c�st?Who is going to pay? . . ��-qB ,�� piTT Q� . ��' �. CITY OF SAINT PAUL O M ; ;_�;;� ,� OFFICE OF T'HE CIT'Y ATTORNEY �► h0 • l��• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR August 13, 990 TO: Council ember Janice Rettman FROM: Paul . McCloskey �\��„/� Assis ant City Attorney � � ` RE: Ethical Practice Board By memo date July 23, 1990, Jane McPeak advised you of the board's request for two amendments to the ordinance governing its activities. An ordinance amending Chapter 111 of the Administration Code has been prepare to these ends and is enclosed for your review and sponsorship. The title o the ordinance capsulizes the subject matter of the amendments. cc: Jane Mc eak John Mc ormick .�.�c�� ,, ��_� � : ��.� �� .4. �, �� C(3UivGi�.ia�li50�V. JANIC� �i�T7MAN' ORIGlUAL. � �� °�� _.� (c) In cooperation with the city clerk's office, the board sh 11 compile and maintain a current list of all reports nd statements filed pursuant to Chapter 28 of the Sain Paul Legislative Code and Chapter 24 of the Saint Pa 1 Administrative Code. (d) The board shall investigate whether statements and reports ave been filed within the times required by Chapter 8 of the Saint Paul Legislative Code and Chapter 24 of th Saint Paul Administrative Code. Board review of state ents and re orts re ired b Cha ter 28 shall be com 1 ted within six months from the filin date of those s atements and re orts followin the eneral election (e) The oard shall review reports for completeness and � internal consistency and independently verify entries on campaign disclosure reports and other forms on an arithmet'cally randomly selected basis. (f) The board shall make ongoing reviews of and, where appropri te, recommend to the city council amendments ordinanc s relating to election regulations and may make recommen ations regarding the city's •code of ethics. ;.;_�.;,.� z�x (g) Pur uant to Saint Paul Legislative Code Section �� 28. 03 (d (7) , the board shall have the authority to exempt n individual, political parties, political committe s, and personal campaign committees from the filing r quirements of Saint Paul Legislative Code Section 2 . 03 (d) . (h) The oard shall provide reports to the city council and the ayor upon completion of the board's findings relating o paragraphs (c) , (d) and (e) of this section. �� (i) The board may obtain subpoenas from the district court to com el the attendance of witnesses and the P � roductio of documents at any hearing. � ��" (j) The oard shall have the authority to issue advisory � opinions regarding the provisions of Saint Paul 7 Administr tive Code, Chapter 24 and Saint Paul Legislati e Code, Chapters 28 and 29. 2 _�i' 0 R I G I �i A L ~ � • Council File # � ` J� Ordinance # ' Green Sheet # ,�j,3J �l ORDINANCE �� ;��=��, . � `::,-::,� CI F SAINT PAUL, MI ESOTA j,�� Ib � �� Presented By Referred To Committee: Date An ordinance amending Chapter 111 of the Saint Paul Administration Code to provide for the city attorney to act as staff support to the ethical practices board and , further to provide that the board review of statements and reports filed pursuant to Chapter 28 of the Saint Paul Legislative Code be completed within six months from the filing date of those statements and reports following the general election.• � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � Section 1 �+ :;": � � That Chapter 111 of the Saint Paul Administrative Code � . entitled "Ethical Practices Board" be amended in Section 111.04 to read as follows: �ec. 111.04. Powers and duties. (a) The board shall, with the approval of the city . council, adopt, promulgate, amend and rescind suitable administrative rules and regulations to .carry out the polices and proposes of this chapter. As part" of its rulemaking function, the board shall have the authority . . to promulgate a rule providing that, as a condition of filing a complaint with the board, the complainant shall sign a written statement agreeing to be assessed reasonable costs and attorney's fees as determined by the board if it finds the complaint to be frivolous or made in bad faith or brought for vexatious reasons or - substantially for the propose of harassment. � (b) 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. - �=+; ORIGl �IAL. - � �� ya -�� ,��, F :_ = :t�: Section 2 That Ch pter 111 of the Saint Paul Administrative Code entitled "Eth cal Practices Board" be amended in Section 111.041 to read as fo lows: Section 11.041. Staff support. The Cit Attorney's Office �---~�, .a=��—a€—t�iz shall provide taff support to the board. Section 3 That Cha ter 111 of the Saint Paul Administrative Code entitled "Eth'cal Practices Board" be amended in Section 111. 05 to read as follo s: Sec. 111.05. Complaint and hearinqs (a) FIL NG. Subject to the limitation set forth in Section 11. 01.3 of this chapter, any resident of the city may file with the board a omplaint, under oath, alleging a violation of Chapter 2 and/or 29 of the Saint Paul Legislative Code '�� and/or Ch pter 24 of the Saint Paul Administrative Code. Notw'thstanding the provisions of Section 111.04 (a) , the staff to the board shall have the autho ity to receive anonymous complaints, and waive signing o the statement required by Section 111.04 � , � , Upon receipt of such complaint, the board shall conduct a preliminary investigation. Upon completion of that inve tigation, if the board determines that there are no re sonable grounds to believe that a violation has occurred r that the complaint is frivolous or made in - bad fait or brought for vexatious reasons or substanti lly for the purpose of harassment, it shall dismiss t e complaint; otherwise, the board shall refer the compl int for a hearing as set forth in this section. c �� 3 O � � Gli� AL � � - � � �y� -��7 (b) PROCEDURE. The board �shall conduct a hearing on each complaint not previously dismissed and shall rule �.��`'�. thereon; provided such hearing shall be held and rulings ,= made within ten (10) 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 subpoenas from the district court to compel the attendance of witnesses and the production of documents at any hearing. Upon completion of a hearing the board shall, within seventy-two (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 law upon which the determination is based; provided, however, that where a complaint relates to an election to be held within seven (7) days of the filing of the complaint, the board shall make a written determination within forty- eight (48) hours of the completion of the hearing. Upon determination of a violation of Chapter 28 and/or 29 of the Legislative Code, and/or Chapter 24 of � the Administrative Code, the board shall . issue findings which may include referral of the complaint to the appropriate authority for civil, criminal or disciplinary �- �s,. action `;�-`=" • Section 4 That this ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Yeas Navs Absent Requested by Department of: imon . oswitz on acca ee ettman une z son BY� Adopted by Council: Date Form oved by Cit Attorney r Adoption Certified by Council Secretary gy. '�/�r-�G By� Approved by Mayor for Submission to Counc il -- Approved by Mayor: Date By: ' By: _. . v Counci l Fi le # .�o -i��7 . " � � G� ��-� U��S� ��' � I Ordinance # Green Sheet tt .-S�3 59 ORDINANCE CI OF SAINT PAUL, MINNESOTA , Presented By � • _/ ', �l� .4��?��------_/ • -- Referred To Comnittee: Date a==a=====�___�__��___ —_______�_____�_��__�______�__�=====s�=��=__��_____________�______ _ An ordinan e amending Chapter 111 of the Saint Paul Administration Code to provide for the ci attomey to act as staff support to the ethical practices board and further to provide at the board review of statements and reports filed pursuant to Chapter 28 of the aint Paul Legislative Code be completed within six months from the �iling date of those statements and reports following the general election. THE COUNCIL OF CITY OF SAINT PAUL DOES ORDAIN: �- Section 1 That Chapter 111 f the Saint Paul Administrative code entitled "Ethical Practices Board" be ' amended in Section 111. to read as follows: Sec. 111.04. Powers and duties. (a) The board sh , with the approval of the city council, adopt, promulgate, amend and rescind suitabl administrative rules and regulations to carry out the polices and proposes of this ch ter. As part of its rulemaking function, the board shall have the authority to promul ate a rule providing that, as a condition of filing a complaint with the board, the com lainant shall sign a written statement agreeing to be assessed reasonable costs an attorney's fees as determined by the board if it �inds the complaint to be frivolous or ade in bad faith or brought for vexatious reasons or substantially for the purpose of hara sment. (b) The board ma require that forms be developed and prepared for the complaints required by this cha ter. The city clerk shall assist the board in developing and preparing said fo - (c) In cooperation 'th the city clerk's of�ice, the�board shall compile and maintain a current list of all re orts and statements filed pursuant to Chapter 28 of the Saint Paul Legislative Code an Chapter 24 of the Saint Paul Administrative Code. (d) The board shal investigate whether statements and reports have been filed within the times required b Chapter 28 of the Saint Paul Legislative Code and Chapter 24 of the Saint Paul Ad ' 'strative Code. Board review of statements and reports required b Cha ter 28 shall e com leted within six months from the �lin date of those statements and re followin he eneral electi n. , ' C�y�o-�y�� ° ,(e) The board•s all review reports for completeness and internal consistency and independently ve ' entries on campaign disclosure reports and other forms on an arit3�metically ran omly selected basis. (� The board s all make ongoing reviews of and, where appropriate, recommend to the city council endments ordinances relating to election regulations and may make recommendations regarding the city's code of ethics. (g) Pursuant to aint Paul Legislative Code Section 28.03 (d)(7), the board shall have the authority to e empt an individual, political parties, political committees, and personal campai committees from the filing requirements of Saint Paul Legislative Code Section 28.0 (d). (h) The board s all provide reports to the city council and the mayor upon completion of the board's fin ings relating to paragraphs (c), (d) and (e) of this section. (i) The board sh 1 have the authority to issue advisory opinions regarding the provisions of Sain Paul Administrative Code, Chapter 24 and Saint Paul Legislative Code, Chapters 2 and 29. Section 2 That Chapter 111 f the Saint Paul Administrative Code entitled "Ethical Practices Board" be amended in Section 111041 to read as follows: Section 111.041. S aff support. The City Attomey' Office ' shall provide staff support to the board. Section 3 That.Chapter 111 f the Saint Paul Administrative Code entitled "Ethical Practices Board" be amended in Section 111. 5 to read as follows: Sec. 111.05. Compl ' t and hearings (a) FILING. Su 'ect to the limitation set forth in Section 111.01.3 of this chapter, any resident of the city may file with the board a complaint, under oath, allegin a violation of Chapter 28 and/or 29 of the Saint Paul Legislative Code and/or Chap er 24 of the Saint Paul Administrative Code. Notwithstan ing the provisions of Section 111.04(a), the ' staff to the board s all have the authority to receive anonymous complaints, and waive signi.ng of the state ent required by Section 111.04 and bring a formal complaint on behalf of the city, ' the an�itor staff to the board determines that a complaint is not frivolous, is not ma e in bad faith, and is not brought for the purpose of being vexatious or harassing. � Upon receip of such complaint, the board shall conduct a preliminary investigation. Upo completion of that investigation, if the board determines that there are no reasonable ounds to believe that a violation has occurred or that the complaint is frivolous or mad in bad faith or brought for vexatious reasons or substantially for the purpose of harassm nt, it shall dismiss the complaint; otherwise, the board shall refer the complaint for a hearing as set forth in this section. . �yd-�y�r �' � � (b) PROCEDU . The board shall conduct a hearing on each complaint not , previous�y dismiss d and shall rule thereon; provided such hearing shall be held and rul�ngs made with ten (10) days following the date a complaint is referred or within half the time fro the date the complaint is refened to it to the date of the election, whichever is less. The chair f the board may obtain subpoenas from the district court to compel the attendance of 'tnesses and the production of documents at any hearing. Upon com letion of a hearing the board shall, within seventy-two (72) hours, issue a written de ermination stating whether there has been a violation of law and a statement setting orth the facts and provisions of law upon which the deternunations based; provided, owever, that where a complaint relates to an election to be held within seven (7) d ys of the filing of the complaint, the board shall make a written determination wit in forty-eight (48) hours of the completion of the hearing. Upon dete ' ation of a violation of Chapter 28 and/or 29 of the I.egislative Code, and/or Ch ter 24 of the Administrative Code, the board shall issue findings which may includ referral of the complaint to the appropriate authority for civil, criminal or discip 'nary action Section 4 That this ordinan e shall take effect and be in force thirty (30) days after its passage, approval and publication. —_____________________ ____________________________________________________________________ ---------------------- ---------- ____________________ ___________________ ------------ Yea Na s Absent Requested by Department of: Dimon Gosuttz Lon Macca e Rettman T une wi son BY= ____________________ ___________________ Adopted by Council: ate Form A ved by City Attorney � Adoption Certified by Council Secretary By. — _/� _�� BY' Approved by Mayor for Submission to Courici t Approved by Mayor: ate By: By� ,1l�`k'. .�. 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'+'.�� r: .-. ��•~ •�`t�'� �. �" �� r � �} �`��j a �.�1�� ` - _ ' E _ ��, ' t fr �� f �-V� F�h� ., �`t , •� , � + -�� . . ,..: .. ., : - _ � ,t',4 ' v �g � . " . .. . . ! , �..,. • �.. . ^� - . p,.,, r. ..� ,. . ...� . ' .: _ , . . 3 . . . ., .;.. , �, . . .. ,P �• .'e _ +K •` .'S - � .s . �� tt.w„a.. �ui5ca„�s«.. ... .. - r ...r .. >��"Lkt. .�->-.��=..t .:�:� .�>s�a-a F.�;iF::n3�4i..x..',�i'a'm.�'vw x . �"_,•�.fi��"- - • Y '�P^,. , r�.�JF""S. / . �� '�I.T�-�.�� tG I f�A L Council File # '-�^U� ` �� a �� 1 Ordinance # �77 qJ� , � Green Sheet # ORDINANCE CIT� OF SAINT PAUL, MINNESOTA �� :-: �- ; �_'_ __ '`_ Presented By � µ%' ��y� �' �— , ! Referred To Committee: Date � �V U An ordinance to repeal section 402.05 of the Saint Paul Le islative Code and to enact in lieu thereof an authorized ga bling taa� under Minn. Stat. §349.212, subd. 5. THE COUNCIL OF E CITY OF SAINT PAUL DOES ORDAIN: Section 1. STATEMENT OF PURPOSE The investigative fees allowed by current ordinance do not adequately recover the actual costs of processing, investig ing and administering applications for various lawful gambling licenses and permits, nor the costs f regulation and enfor�ement. It is necessary to impose the statutory three percent tax to recover he direct and indirect costs incurred by the city to regulate all forms of lawful gambling. Such tax will be imposed upon the gross receipts (less prizes) of all organizations conducting lawful gam ling in the city. Section 2. Section 402.05 of the Saint Paul Legislative Code is hereby repealed in its entirety. Section 3. A new Section 4 2.05 of the Saint Paul Legislative Code is hereby enacted to read as follows: "Sec. 402.05. Lo al Gamblin t�. (a) Taa� Im os d. There is hereby imposed a taa� of three (3) percent on the gross recei ts ��s:::priz�s:from all lawful gambling taking place within the City of Sai t Paul and received by any person or organization licensed pursuant t Minnesota Statutes, Chapter 349. (b) Use of T Proceeds. All tax proceeds shall be used for the purpose of regulating awful gambling within the city. (c) When Due and Pa able. The taac imposed by this chapter shall be due and payable to the inspector on or before the last day of the month next succeeding the month in which the organization collected gross receipts from chari ble gambling. Remittance of the full amount of the t� shall �. � � � . �.�'`; -, GI �i�� r . cco panied by completed monthly returns on forms prepared by the -l�'U/�`� inspecto , containing all the information required thereon. The inspector may ado t or use all or parts of state forms used under chapter 349. �7 7�`� (d) T� Fo s Rules and Re lations. The inspector shall devise and furnish upon re uest to all those required to pay the said t� suitable form returns on whic to report and account for all t�es required to be paid under this section. The inspector may, upon notice and hearing, adopt such rules and regulatio s as may be necessary to effect collection of the taar. (e) Re orts o State. In compliance with Minnesota Statutes, section 349.212, subd. 5, he inspector shall file by March 15 of each year a report with the Minneso a Gambling Control Board in the form prescribed by said Board showing 1) the amount of revenue produced by the tax during the precedin calendar year, and (2) the use of the proceeds of the ta.�c. (f) Late Pa ent Penal If a tax payment is not received by the inspector on or be ore the due date provided above, a late payment fee of 10% of the total amount of tax proceeds due and owing on any given due date shall be dded to the ta�c total and paid by the person or organization before th next monthly tax due date. An additional 10% late payment fee shall e added to the total due for each month during which due tax proceeds are not paid or withheld. Failure to make any required t� proceeds payment shall be sufficient grounds for adverse action by the Council ursuant to sections 310.05 and 310.06 of the Legislative Code, and the ouncil may impose payment of t�es and late fees in full as a condition precedent to further operation of the licensed activity, in addition o any other penalties including suspension or revocation. Section 4. This ordinance s all take effect and be in force thirty (30) days following its passage, approval and publication. --------- --- --- ------ --------- Ye s Na s Absent Requested by Department ot: Dimon Goswitz '`�- Lon �. Maccabee "� Rettman Thune Wilson BY= --------------- -- --- �---- --------- Adopted by Council: Date DEC i 3 1990 Form Approved by City Attorney Adoption ertified by Council Secretary BY, i 1 BY' " J Approved by Mayor for Submission to Approved by Mayor: �te �� Y �� Counci t By. ��,��;:�., �,,�.. /° By; 1` PUB�ISNED �t.� 1 a 1990_ . . , . , . �'d -�y�� CITY OF SAINT PAUL iii�t i��p OFFICE OF THE CITY COUNCIL PAULA MACCABEE susaN ooE Counclimember Legislative Aide MARK BALOGA Legislative Aide Members: Paula Maccabee, Chair Bob Long Janice Rettman Date: October 31 1990 AMENDED COM ITTEE REPORT HUMAN SERVICE , REGULATED INDUSTRIES AND RULES AND POLICY COMMITTEE 1. Resolutio 90-1744 - establishing an advisory committee of refugee affairs. THIS ITEM WAS LAID OVER FOR FURTHER STUDY BY THE MAYOR'S OFFICE 2. Update on implementation of Focus on Families policy regarding library hours. - NO COMMIT EE ACTION NECESSARY AT THIS TIM�___ _____________________�__` �� _._ _.._.__ _`\ 3. • �Ordinance 90-1488 - enacting 3� enforcement tax on charitable gambling - � Public He ring on charitable gambling in St. Paul (issues to include: \ Posting o Pull Tab Winners; Eliminating Limits on Gambling Manager's 1� compensat on; Establishment of a 396 Gambling Tax; Eliminating Payback I Percent L mitations; Increasing State Threshold for Hard Card ingo; and Allowing ard Card Bingo Operators to be Paid) . ��-�� q U� � . COMMITTEE RECOMMENDED APPROVAL OF ORDINANCE 90-1488 WITH AMENDMENTS, 3-0� 4. Presentat on of Family Service application for Civic Organization Partnersh p Program funding. COMMITTEE RECOMMENDED FUNDING FOR FAMILY SERVICE ON A ONE-TIME BASIS USING CURRENT F ND BALANCES IN HRA & PED, AND REFERRED TO THE FINANCE COMMITTEE, . 3-0 CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-5378 s�qas Printed on Recycied Paper