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260598 � CITY CLERK - F�iNAN�E � EPkR'YM�N�T ' (jITy OF SAINT PAITL Council �6' �9� A�tAYOR . ' . File NO. �" _ . • • � - Ordin�nce Ordinance N�. � � _ Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE AMENDING ADMINISTRATIVB ORDINANCE N0. 15132 C. F. 258816, APPROVED JLTNE 27, 1972, RELATING '�0 THE EXECUTIVE BRANCH OF GOVERNMENT OF THE CITY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Tha.t Administrative Ordina.nce No. 15132, C. F. 258816, as amended, be and the same is hereby further amended by adding the following thereto: l.11 Model Cities Program. A. Definitions . As used herein, "Model Cities Area" means tha.t area of the City of Saint Paul set out in the map attached hereto and made a part hereof by reference; "Model Neighborhood Planning Council (MNPC)" means the body of citizens established by this resolution; "Model Cities Districts" means the subdivisions of the Model Cities area set out on the map attached hereto and ma.de a part hereof by reference, numbered consecutively from one to six as provided therein; "Adult Voter" means anyone who on the date of the election in which he seeks to vote is eighteen (18) years of age or older, and who ha.s lived within the Model Cities area and the district within which he wishes to vote for at least thirty (30) days ; and COU(VCILMEN ' Requested by Department of: Yeas Nays Hunt Konopatzki In Favor Levine Meredith Against BY Sprafka Tedesco Mme.President Butler Form Approved y y Att ney Adopted by Council: Date Cer�" -i Passed by Council Secretary BY zyor: Date Appro d by Mayor Submi By 4 . . � .� : , . �. , . � . , � �5�;'�9� . '� �- - 2 . "Youth Voter" means anyone who on the date of the election in which he seeks to vote is sixteen (16) years of age or older, and who ha.s lived within the Model Cities area and the district within which he wishes to vote for at least thirty (30) days . B. Declaration of Polic . The Council of the �ity of Saint Paul finds it necessary, esirable and in the best interests of the City to establish a Federal Model Cities Program to carry out a program for Model Cities area planning and implementation in accordance with Title I of the Demonstration Cities and Metropol- itan Development Act of 1966 and administered by the United States Department of Housing and Urban Development. C. Model Cities Pro ram. The Model Cities Program, as establishe pursuant to it e I of the Demonstration Cities and Metropolitan Development Act of 1966 to implement the plan for revitalization of the Model Cities area shall be under the admin- istrative supervision of the Ma.yor. The program shall develop a comprehensive plan for elimination of blight and for the overall improvement of the quality of life in the Model Cities area. D. Model Cities Director. The Ma.yor sha.11 appoint, with the consent o t e ounci , a Director for the Model Cities 'Program, who shall be in the unclassified service of the City. He shall be chosen on the basis of his qua.lifications and experience, sha.11 satisfy general qua.lification guidelines adopted by the MNPC, and sha.11 ha.ve such other qualifications as may be provided by ordina.nce. The Director shall be accountable to the Mayor and shall administer all programs with respect to the Model Cities area in accordance with the policies established by the Ma.yor and City Council. E. MNPC Created. The MNPC is hereby created as the repre- sentative o y to p an and assist in carrying out a Model Cities Program in accordance with the interests, preferences and needs of the residents of the Model Cities area and in partnership with the City. The MNPC shall be composed of thirty (30) elected members, and also, not to exceed eleven (11) at-large members representing significant community minority groups and other interests not represented among the elected membership. Each elected and appointed member shall have one vote. The elected members, by a majority vote thereof, shall appoint at-large members . The MNPC sha.11 establish rules and regulations of the conduct of its affairs. • • ' , ' , • ' �°��?�; (J =..�9t� 3. The NINPC sha.11 consist of five (S) members elected from each of the six Model Cities Districts, and sha.11 consist of the following categories : (1) Youths: One (1) member from each district shall be a youth. A youth is defined as a na.tural person between the ages of sixteen (16) and twenty (20), inclusive, as of the date of the election. (2) Adults - S ecial: One member from each district sha.11 be elected as a " pecia dult�' member. For purposes of this resolution a "Special Adult" is a natural person twenty-one (21) years of age or over, whose total family income for the previous calendar year does not exceed the low income maximum public hous- ing occupa.ncy limits set by the Housing and Redevelopment Authority. All such persons running in this category shall be adults and sha.11 submit to the election officials, at the time of their filing their Petition for Candidacy, a written statement of their family income and family size. A person who meets the qua.lifications of the Adult Special category ma.y, at his option, run as an Adult Special candidate or as an Adult General candidate, but no one may run in both categories at once. (3) Adults - General: The rema.ining three members from each district s e twenty-one (21) years of age or older, as of the date of the election. F. Terms of Office. All elected and appointed members of the MNPC s serve or a term of two (2) years and until their successors ha.ve been duly elected and sworn in; provided, however, tha.t at the el�ction to be held in June, 1973 the Youth member and the Adult-Special member elected in each district sha.11 be elected to a one-year term. In the case of vacancy, any MNPC member who ha.s filled a vacant seat sh.all serve for the remainder of the unexpired term of the member he has replaced. There sha.11 be no limit on the number of consecutive terms which an individua.l may serve on the MNPC. G. MNPC - Powers and Duties. The MNPC sha.11 have the follow- ing powers an uties: (1) Shall hire and fire NIlVPC staff as ma.y be provided to the MNPC by the City Council. (2) Be the principal advisory body to the Mayor and City Council, representing the Model Neighborhood community. . . - : , . �. . � � � ���;��� 4. (3) Identify problems of the Model Cities area, establish priorities for correcting the problems, institute proposals and develop project concepts within the Model Cities Program guide- lines. (4) Review and make recommendations to the Mayor relating to all plans, programs, projects and budgets included in each annua.l Model Cities Action Plan, including supplements thereto, and also ma.ke recommendations concerning evaluation reports pre- sented by the Director prior to submission thereof to the Mayor. The Ma.yor shall submit his proposed Action Year Plan to the Coun- cil together with all comments and recommendations submitted by the MNPC. In preparing each Action Year Plan the Mayor sha.11 attempt to include all recommendations ma.de by the MNPC. (S) Receive and review quarterly reports on the activities of the MNPC as prepa.red by the Director. (6) Ma.intain complete and accurate minutes of its meetings on file with the City Clerk and Director. (7) Adopt such procedures as it may consider necessary for the effective performa.nce of its duties. (8) Create appropriate committees for the carrying out of their responsibilities . (9) Review, upon request of the Mayor and Council, any pol- icy recommendations having an ittlpact on the Model Neighborhood community. (10) Provide to the Mayor and Director information relating to the interests of the Model Cities area. (11) Any other powers and duties tha.t may be lawfully del- egated from time to time to the MNPC by the Ma.yor and City Council. (12) The NIlVPC sha.11 submit an annual report of its activ- ities to the Director, Mayor and City Council on or before the first day of Janua.ry of each year. H. Election Procedures . (1) The following procedure shall be used in the election of inembers of the MNPC. The election of the first members of the MNPC shall take place the fourth Saturday in June, 1973, and annua.11y thereafter. Members of the MNPC shall take office upon � -� � � � � • � ���.r`��`3'� . 1 • � . . 5 . the certification of their election by the Election Committee and shall hold office until a successor is selected and qua.lifies. (2) The Election Committee, as defined in Subdivision 6, sha.11 designa.te a clerk of elections . The clerk shall bring and make available nominating petitions . In order for a candidate' s na.me to appear on the ballot, he must return the com leted nom- inating petition to the clerk no later than three (3� weeks before the day of the election. The clerk sha.11 arbitrate dis- putes over the acceptability of any nomina.ting petition. Any nomina.ting petition not rejected by the clerk by notice ma.iled to the candidate within forty-eight (48) hours after submission thereof shall be conclusively presumed to be valid. (3) All candidates regardless of their category sha.11 be residents of the Model Cities area and of the district they wish to represent. (4) Any natural person may be a candidate for his district upon: (a) meeting the requirements of the category in which he chooses to run; (b) submission of a nomina.tin petition to the clerk bearing the signatures of at least ten �10) persons who would be eligible to vote for him in the district in which the person is seeking office. (S) No later than three (3) weeks before the date upon which the election is to be held, each candidate may submit to the clerk a biography not to exceed seventy-five (75) words, and a picture of himself. The clerk sha.11 arrange for such biographies and, if practicable, the pictures to be distributed in a manner designed to obtain the widest possible exposure while treating all candidates equally. At least two weeks prior to the election the clerk sha.11 make available to the candidate, for his own use, one thousand (1,000) copies of said candidate' s biography. A candidate may campaign by (a) pa.ssing out copies of the biography given to him by the clerk, and (b) word of mouth campa.igning. There sha.11 be no expenditure of money by or on beha.lf of any candidate for his campaign. The MNPC sha.11 refuse to seat any candidate knowingly violating these rules . (6) The polling in the election to the MNPC sha.11 be con- ducted under the supervision of an Elections Committee composed of one representative chosen by the MNPC from persons other tha.n its own members, one representative chosen by the Mayor, and the City Clerk as cha.irman. Except as provided herein, and except there shall be no party designation of candidates or voters, all polling sha.11 be conducted in compliance with Minnesota Statutes, � � � .- �- f � �• . � � � ����'� . �• '"�,.r:... � � � • , . 6. Sections 203. 12, 203. 13, 203. 14, 203 . 18, 203.22, 204.04, 204.06, 204. 13, 204. 14, 204. 16, 204. 17, and 204.22, which are hereby incorporated herein by reference, and such further rules not inconsistent herewith as the Committee shall impose, to include . such proof of eligibility to vote as the Committee sha.11 determine. A complete statement of all rules governing polling sha.11 be ma.de public by the Committee at least one week prior to the election, and posted in a prominent position in each polling place. (7) If a voter because of a physical disability cannot go to the polling place to vote, said voter may in writing apply to the Election Committee for an absentee ballot. The application for an absentee ballot sha.11 include the voter' s name, address, age and the physical disability. The application sha.11 be sub- mitted to the Election Committee any time prior to the day of election. The Election Committee shall determine who is eligible for an absentee ballot. The Election Committee shall ha.ve the duty to see tha.t each eligible person requesting an absentee ballot shall receive a ballot and that the absentee ballot is counted. In order to be valid, an absentee ballot must be post- ma.rked or delivefed to the Election Committee on or before the day of election. (8) Separate ballots shall be printed in different colors for each category (e.g. , "Youth", "Adult-Special" and "Adult- General") . The ballots sha.11 contain the name and address of each candidate arranged in alphabetical order. (9) The election of inembers to the MNPC sha.11 be held on the fourth Saturday in June, 1973 and annua.11y thereafter. The polling places sha.11 rema.in open from 8:00 A.M. to 8:00 P.M. The Clerk of Elections sha.11 select a polling place within each of the six (6) districts in the Model Cities Neighborhood. If a district contains a polling place used in regular elections, the Clerk sha.11 designa.te tha.t polling place to be used in the Model Ci�ies election. If a district contains more tha.n one regular polling place, or if the district does not contain a regular polling place, the Clerk shall designate a polling place conveniently located within or adjacent to said district. (10) Each adult voter ma.y cast up to three (3) votes for three candidates running in the "General Adult" category and one (1) vote for one (1) candidate running in the "S ecial Adult" category. Youths ma.y��cast one (1) vote for one �l) candidate running in the Youth category. A voter ma.y in any event cast only one (1) vote for any one candidate, including write-in votes, . _ . . - �s����� . � , �. if any. When the votes from each Model Cities district ha.ve been counted, the Election Committee shall prepa.re for each Model Cities district a list of all the candidates whose names appeared on the ballot. The names of the candidates shall appear on this list in the order of the total votes received by each, the candidate ha.ving the highest total being listed first. The top three candidates in the "General Adult" category shall be declared elected, the top candidate in the "Special Adult" category sha.11 be declared elected, and the top candidate in the "Youth" cate- gory sha.11 be declared elected. In the case of a tie a flip of a coin sha.11 determine who is elected. The Election Committee sha.11 retain the lists for the purpose of filling vacancies in accordance with Article VI, Section 1, of this resolution. (11) All election costs sha.11 be ,paid out of Model Cities funds . (12) In the event tha.t insuff icient candidates f ile to f ill the available seats on the MNPC or, in the event of a vacancy, if no other persons are available from the elections list referred to above, the seat sha.11 remain vacant until the next election or, at its option, the MNPC ma.y call a special election to occur no less tha.n one month from the date of the election call. No special election shall be called if fewer than six months would elapse between the date of the special election and the date of the next general election. Special elections sha.11 be conducted according to the same polling procedures used in general elections. I. Vacancy. If the seat of any member of the MNPC sha.11 become vacant in any ma.nner, the final list prepared by the Election Committee for the district from which the vacancy occurred sha.11 be used for filling the vacancy. The first alterna.te in the category in which there is a vacancy shall fill the first vacancy, and so forth. In the case of a tie, the flip of a coin shall determine who is the first alterna.te. A seat on the MNPC sha.11 become vacant if: (a) a member dies, (b) a member submits a written resignation, (c) a member is recalled by his constituents as provided herein, (d) a member is expelled by the other members of the NINPC, or (e) a member moves from the Model Cities area. A seat on the MNPC sha.11 become vacant if a member is re- called by the voters in his district. The Recall Petition must be " �"�9� . _ � . � � '-��,��. , ` , , , , . • � , /�,�� � � s. signed by a number of voters equa.11ing or exceeding 25% of the total votes cast in the district in the last election. There- after, a special election in the affected Model Cities District must be called by the MNPC within thirty (30) days after the first Saturday on which the NIlVPC ha.s in its possession the Recall Petition. If at the special election at least 2/3 of the votes cast favor the member' s recall, he shall be recalled from the MNPC and his seat declared vacant; provided, however, tha.t if the number of votes cast in favor of recall does not exceed 50% of the total votes cast in the affected district in the last election, he sha.11 not be recalled. A member of the MNPC may be expelled by the other members of the MNPC in the following ma.nner: (a) A petition, signed by at least sixteen (16) members of the MNPC, must be submitted at a regular NINPC meeting, to the members who are present at the meeting. Notification of the submission of such a petition must be given to all members of the MNPC who are not present at the meeting. Such petition sha.11 state the complaints or charges against the member named. Complaints or charges sufficient for expulsion must involve gross neglect of duty, or gross malfeasance in office. The petition must specifically identify the act or acts upon which the complaint or charge is based. (b) No sooner than two weeks nor more tha.n four weeks after the first delivery of the petition, the members of MNPC sh.all conduct a full and fair hearing upon the complaint or cha.rge. At such hearing, the accused member sha.11 be afforded an opportunity to be heard, and ma.y be represented by counsel. If a ma.jority of the members present at the close of the hearing vote to dismiss the petition, the petition sha.11 be dismissed. If the petition is not dismissed, the MNPC will convene no sooner tha.n a week, and no later than two weeks after the hearing. At this meeting, the MNPC members by a 2/3 vote ma.y determine that the member be expelled. Should this occur, the seat shall be declared vacant. Section 2 . That Cha.pter 65 of the Saint Paul Legislative Code be and the same is hereby rescinded in its entirety. • WH17E � C Y CLERK ' ' ���"�_'� P�NIfi � ,�IAN�E Y TT COUI1C11 BLUERY= MnE�OAR��MENT GITY OF SAINT PAl1L File NO. � tT rc -� , .-_... , -� ' • • , . • , ; . /�2/ Presented By Referred To Committee: Date Out of Committee By Date 9 . Section 3. This ordinance sha.11 take effect and be in force thirty (30) days from and after its passage, approval and publication. COUIVCILMEI� Yeas Nays Requested by Department of: � '° Konopatzki In Favor -� Levine � ...� Meredith Against BY � s��Roedle� — Tedesco ✓ �EB 16 �973 Mme.President Butler Form Approve by ty Atto ey Adopted by Council: Date Certif' d ed by Co BY By Approve by Mayo . Date Approved by Mayor for Submission to Council By BY PUBLlSHE� �€B 2� 1973 -,� �- � � �� �� ��, .� �' : r ` . � �� �� 1 � z- CENTRAt MANOR �� �e.... � IV�� Z6 EAST EXCHANGE STREET LEAGUE OF WOMEM VOTERS ST. PAUL, MINNESOTA gg�o, 222-3178 February 9� 1973 - T0: Mrs. Roaslie Butler a.nd members of the city cauncil FRQM: Mre. Mertyce Mayne, acting president Mrs. Lorraine Wood, League of �Iomen Vaters The 8t. Paul. League of Women Yoters agrees kith the intent oY the proposed Model Cities ordinance to place the administrati� and implementation oP the Model Citles program in the office of the `n� Mayor, the a8minis�trative division of the City. ,� ' The revisions provide a better working base between the N�'!PC and the city in thst they provide for grester input by the NIIQPC ia ple.nning Yor the area. We still believe that allawing the MNPC the right to submit three names to the mayor Prom which he should choose a flirector xould be possible and cc�uld strengthen ra�her thaa weaken the interreletiottship. We note with approval t�ae s�mending of the section to clarify the ability oP the i�'C to hire and Pire its a�w� personnel. Also the inelue3on of the present Model Cities bound.aries, the insuring oY re�reaentation Por "sign�.ficant commz�nity minority groups" in the membership of NIIQPC and the delineation of regulations for candidatea, voting, recs7.l and vacancies improve the document. � We note in reviewing the age limits for voters and MNPC candidatea that the adult voting age has been lowered to 18 in keeping with the I new voting law. Since thie ac�ds a certain amount of cant'usian with youth candidates in the 16-20 age bracket and the adult candidates � at 21, perhaps the NSNPC cou?d be asked to make suggestions which iwould remove discrepancies in the age groupings. I ` , _ _ � ,�, �. fy . __ .� ,�, b � .� �� _� �. . . . � � �' ►� � :�- � - CENTRAL MANOR .. •` �3 � ` +, � LEAGUE OF WOMEN VOTERS 26 EA$T EXCHANGE 9TREET � ST. PAUL, MINNE$OTA 53101 �� 222-3178 Februet'Y 9� 7�973 . T0: Mrs. Rosalie Butler and znembers of the city council FROM: Mrs. Mertyce Mayne, acting president Mxs. Lorraine Wood, Lesgue oP Women Voters The St. Paul League of Women Voters agrees �rith the intent of the proposed Model Cities ordinance to place the a�ministrati�ee and implementetion of the Model Cities program in the office of the Mayor, the sdminiatretine division of the City. The revisioas provide a better working base between the MNPG and the city in that they provide for greater input by the NIlVFC in planning for the area. We still believe that allowing the MNPC the right to submit three names to the mayor from which he should choose s director would be possible and could strengthen rather than weaken . the interrelationship. � ` ` We note With approval the amending of the section to cZarif�r the e�bility of the MNPC to hire aa�. fire its awn personnel. Also the in�lusioa of the present Model Cities boundaries, the insuring of representation far "significant community minority groups" in the membership oP MIPPC and the delineation of regulations for candidates, voting, reca].l �nd vacancies improve the document. We note in reviewing the age limits for voters and M1QPC candide,tea that the adult voting age has been lowered to 18 in keeping With the new voting law. Since this adds a certain amount of conttlsion with. youth ca.ndidates in the 16-20 age bracket and the adult candidates at 21, perhaps the MNPC could be asked to make suggestions which would remove discrepancies in the age groupings. _ _. � :. _ '�.� . � , . . � . • ', , ' ��,>'% � �,„ ,,��� � � CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY February 15, 1973 KENNETH J. FITZPATRICK Mr. Harry E. Ma.rshall City Clerk City of Saint Paul 386 Building Dear Mr. Ma.rsha.11: The City Council is presently considering a proposed ordinance (C. F. 260598) pertaining to the Saint Paul Model Cities Program, which provides, in part, tha.t the Director of Model Cities shall be appointed by the Ma.yor with the consent of the City Council. You state that an amendment ha.s been proposed so as to require tha.t the Ma.yor appoint the Model Cities Director, from a list of five names submitted by MNPC," and tha.t this proposed amendment is subject to a legal interpretation by the City Attorney. The question posed by this amendment is whether the City Council possesses the authority to so limit the power and authority of the Mayor in the appointment of the Model Cities Director. The constitutiona.l authority to adopt home rule charters ' is found in Minnesota Constitution, Article XI, Section 3. The State Legislature ha.s established procedures to implement this provision, and ha.s stated that the home rule cha.rter, "%; %; ; ma,y provide for any scheme of muni- cipal government not inconsistent with the constitution, and ma.y provide for the establishment and administration of all departments of a city goverr�ment, and for the regulation of all local municipal functions . ; %; %;" (Minn. Stat. , Sec. 410.07) In framing the Charter, the Commission is authorized to, "� %� %� incorporate in such cha.rter provisions defining the powers and duties of the ma.yor and each member of the council, and may provide tha.t each member of the council shall perform such ad- ministrative duties as ma.y be delegated in such charter," and, further, that the Cha.rter, "%� � %; ma.y also provide City Hall, Saint Paul, Minnesota 55�02 612 223-5121 � , , � Mr. Ha.rry E. Mar sha.l l Page Two Febru.a.ry 15, 1973 that the administrative powers, authority, and duties in any such city shall be distributed into and among depa.rtments and may provide tha.t the council may de- termine the powers and duties to be performed by and assign them to the appropriate department and determine who shall be the head of each department and prescribe the powers and duties of all officers and employees thereof, and ma.y assign pa.rticular officers and employees " to perform duties in two or more departments, and make such other rules and regulations as ma.y be necessary or proper for the efficient and economical conduct of the business of the city." (Minn. Stat. , Sec. 410. 18) Therefore, and in accordance with the powers delegated to the Charter Commission by the Legislature, the pres- ent home rule Cha.rter for the City of Saint Paul was ` presented to the voters and approved by them on November 3, 1970. Pursuant to Minnesota Statutes, Sections 410.18 and 410. 19, our Cha.rter sets forth the respective powers delegated to the Mayor and City Council, as follows: "Sec. 1.04. Distribution of Power. Except as otherwise provi e in t is c rter or by law, the powers of the city sha.11 be vested in an elective chief executive, the mayor, and an elec- tive legislative body, the council. The ma.yor sha.11 exercise all powers and perform all execu- tive duties given to the office of ma.yor by this cha.rter, the ordina.nces of the city and the laws of the state. The council sha.11 exercise the legislative powers ." "Sec. 3.01. Powers and Duties. The executive powers sha.11 e veste in t e ma.yor. Subject to the provisions of this charter and the ordinances, he shall control and direct the administration of the city' s affairs. %; ; %; " "Sec. 4.01. Le islative Power. The legislative power sha.11 be veste in t e council, which shall be composed of seven councilmen. . , � � Mr. Harry E. Ma.rshall Page Three February 15, 1973 It is our opinion tha.t the clear intent of the above provisions of the Charter is to provide for a separa- tion of powers of government by defining the powers and duties of the Ma.yor to be executive in na.ture, and the Council' s powers and duties to be legislative. To our Ma.yor ha.s been delegated the responsibility to control and administer all departments of the City, and to the City Council has been delegated the power to legislate in all matters within the jurisdiction of the City. This expression of sepa.ration of powers in the Cha.rter is similar to the provisions contained in the United States Constitution: (Article I, Section 1 - "All legislative powers herein granted shall be vested in a Congress of the United States, which sha.11 consist of a Senate and House of Representatives"; Article II, Section 1 - "The executive power sha.11 be vested in a President of the United States of America" -- and the provisions contained in Article III, Section 1, of the Constitution of the State of Minnesota which provides: "The powers of government shall be divided into three distinct departments--legislative, executive, and judicial; and no person or persons belonging to or con- stituting one of these departments sha.11 exercise any of the powers properly belonging to either of the others, except in the �nstances expressly provided in this .constitution." The responsibility �laced on the Mayor to control and administer the City s departments must carry with it the power to appoint personnel to carry out his direc- tions and perform the tasks necessary for the functions of the administrative branch of City government. The Cha.rter provides ample evidence tha.t this was the intent of the framers of our Cha.rter, as clearly provided in the following provisions thereof: Section 3.01.3 pro- vides tha.t the Mayor shall appoint the City Attorney, City Clerk, Fire Chief and all heads of executive depa.rtments, and that they sha.11 serve at the Mayor' s pleasure. Pursuant to Section 3 .01.3, the Ma.yor s appointments are ma.de subject to the advice and consent of the Council, but the Ma.yor clearly possesses the sole discretion of selecting nominees to present to the Council for its consent. The Ma.yor' s appointments do . . . . . . . ' - ' Mr. Harry E. Marsha.11 Page Four Februa.ry 15, 1973 not take effect until the Council ha.s given its con- sent, and once consent is given, the specified officers serve only so long as the Mayor sha.11 desire. Their appointments are revocable at the will of the Ma.yor, and may be terminated without the consent of the Council, with the exception provided in Section 9.02, tha.t the Fire Chief sha.11 serve f or a term of two years concurrent with the term of the Mayor; therefore, the Council' s role in such matters is limited only to con- senting to the appointment of individuals to these positions enumerated in Section 3 .01.3. Section 3.01.6 provides tha.t the Ma.yor ma.y appoint and remove a secretary and such other professional assistants as the Council may provide, with the consent of the Council. Therefore, in such cases the initiative of both appointing and removing such employees lies within the discretion of the Mayor, and in either event, the said appointment and removal does not take effect until and unless the Council shall give its consent. In this instance the Cha.rter delegates the initiative of selec- tion and dismissal to the Mayor, and gives to the Council the function of confirming or blocking the Mayor' s action. The second part of Section 3.01.6 delegates to the Ma.yor the power to appoint and remove all other employees in the Ma.yor' s office, subject only to such applicable Civil Service provisions which the City Council, acting as the legislative branch of City goverrnnent and in accordance with the provisions of Chapter 12, sha.11 promulgate by administrative ordina.nce. In such cases it is the Mayor who retains the discretion of appointment and removal, but his actions must comply with the appli- cable Civil Service provisions . Section 3.01.8 of the Charter delegates to the Mayor the right to select members of boards, commissions and ad- visory committees established by him or by the Council, and the selection or appointments do not become effective unless and until the Council sha.11 give its advice and consent. This section of the Cha.rter provides that the procedures for removal of such members sha.11 be set forth in the instrument establishing the board, commis- sion or committee. In these appointments the right of , � , . . . , , . � � � Mr. Harry E. Marsha.11 Page Five February 15, 1973 selection of candidates is left to the discretion of the Ma.yor, and the Council' s function in this process is the discretion of giving its consent to such appointments. In all the instances cited above, the ma.nifest intent of the Cha.rter is to provide the Mayor with the discretion and authority to select employees and advisors who will aid him in his heavy burden of administering the affairs of the executive branches of goverrunent. For the City Council now to limit the Mayor' s selection of a Director of Model Cities to a list of five persons submitted to him by the MNPC is to limit the discretiona.ry powers of the Ma.yor to the extent not permitted by the terms of the City Cha.rter. It is basic law tha.t the City Council ma.y not legislat� a matter which is contrary to the City Cha.rter because the Cha.rter is a superior paramount law. The Model Cities Program is established in the office of the Mayor. The Ma.yor is entrusted with the responsibility for carrying out the functions of the program within the guidelines approved by the City Council and the Depa.rtment of Housing and Urban Development. The Cha.rter provides the Ma.yor with the discretion of selecting personnel to carry out his directions. The City Council ha.s the auth- ority to establish the position of Model Cities Director and as an unclassified position may condition the Ma.yor' s selection upon receiving the consent of the Council. This is consistent with the above-quoted provisions of the Cha.rter. However, as stated earlier in this opinion, the Cha.rter does not permit the City Council, legislatively, to further limit the Ma.yor's executive powers by limiting his choice of selection to a list of candidates not of his own making. In conclusion, therefore, it is our opinion tha.t, unless ot�.erwise specifically provided in State law or Cha.rter provision, the selection of personnel to serve the admin- istrative branch of City goverr�ment is delegated by the Cha.rter to the Mayor. The Council, pursua.nt to State law or Charter provision, is delegated the power to give or withhold its consent to such appointments, and unless such consent be given, the Ma.yor's appointments sha.11 not become effective. The Council does not possess the requisite . . � . Mr. Harry E. Ma.rshall Page Six February 15, 19�3 authority to restrict the Mayor' s selection of administrative employees to a list of nominees pre- sented to him by the MNPC because this clearly violates the Charter-given executive power delegated to the Mayor. The power of appointment to such positions is to be exercised by the Mayor alone as this is delegated to izim by the Cha.rter in accordance with the State Constitution and Minnesota Statutes, Sections 410. 18 and 410.19. Respectfully submitted, � � '��'Q°�ti. KENNETH J. FITZPATRICK City Attorney � �� JER ME J. SE L Ass tant Ci Attorney KJF:JJS:er a�„K F �A�,�E (jI1"�.' UF �AINT �'ALTL File NO.e n �'AN.1RY - DEPARTMENT . BLWE =�MAYOR ' � ' - . . 1,,:i- . ' . � � ` ��/'����'�C� Ordinance N 0. � ��� - ,, ` , M � �tese[ti2u' By Referred To Committee: Date Out of C�mmittee By � Date - F,TT QRDINANCE AMENDING ADMINISTRATIVE ORDINANCE �LATING2`�OCTHE�EXECUT�VEABRANCHDOFUGOVERNMENT2� � OF THE CITY. � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Th��.t A�.ministrativA Ordinance No. 15132, C. F. 258816, as amended, �:�f. and the same is hereby further amended by adding the followin� theretoo l. �l Model Cities Program. A. Be�initions . As used herein, 81r%[odel Cities Area" means that area of the City of Saint Paul set out in the ma.p attached hereto and made a part hereof by reference; °�Model Neighborhood Planning Council (MNPC)" means the body of ci.tizens established by this resolutiona "Model Cities Districts" means the subdivisions of the Model Cities area set out on thE map attached hereto and made a pa.rt hereof by reference, �.umbered consecutively from one to six as pravicied therein; "Adult Voter" means anyone who on the date of the election in which he seeks to vote is eighteen (18) years of age or older, and who has lived within the Model Cities area and the district within ra�.ich he wishes to vote for at least thirty (30) days ; and COUNCILMEI�t � Requested by Department of: Yeas Nay� ' Hunt — Konopatzki Iri Favor Levine Meredith Against By Sprafka _ Tedesco 1�4me.President Butler Form Approved by City Attorney Adop:ed by Council: T3ate Certified Passed by Council Secretary By By - , Approved by IVSayor for Submission to Council Approved by Mayor: Date By �Y . . � '� . ' • . 2 . "Youth Voter" means anyone who on the date of •the election in which he seeks to vote is sixteen (16) years of age or older, and who has lived within the Model Cities area and the district within which he wishes to vote for at least thirty (30) days . B. Declaration of Fo�icy. The Cour�cil of the City of Saint Paul finds it necessary, desirable and in the best interests of the City to establish a Federal Model Cities Program to carry out a program for Model Cities area planning and implementation in accordance with Title I of the Demor.stration Cities and Metropol- itan D��,Telogment Act of 19U6bandDe�velopmented by the United States • Department of Housing and C. Model Cities Pro4ram. The Model Cities Program, as establishe pursuant to Tit e I of the Demonstration Cities and Metropolitan Development Act of 1966 to implement the plan for revitalization of the Model Gities area shall be under the admin- istrative supervision of the Mayor. The program shall develap a comprehensive plan for elimination of blight and for the over�.11 improvement of the qu.ality of life in the Model Cities area. D. Model Cities Director. The Mayor shall appoint, with the consent o t e Counci , a Director for the Model Cities Program, who shall be in the unclassified service of the City. He shall be chosen on the basis of his qualifications and experience, shall satisfy general qua.lification g�u.idelines adopted by the MNPC, and . shall have such other qua.lifications as may be provided by ordina.nce. The Director shall be accountable to the Mayor and shall administer all programs with respect�to the Model Cities area in accordance with the policies established by the Ma.yor and City Council. ' E. MNPC Created. The MNPC is hereby created as the repre- sentative ody to p an and assist in carrying out a Model Cities Program in accordance with the interests, preferences and needs of the residents of the Model Cities area and in partnership with �the City. ' The MNPC shall be composed of �thirty (30) el�cted members , and also, not to exceed eleven (11) at-large members representing significant community minority groups and other interests not - represented among the elected membership. Each elected and appointed member shall have one vote . The elected members, by a � majority vote thereof, sha.11 appoint at-large members . The MNFC sha.11 establish rules and regulations of the conduct of its affairs . ' ' .. . � . ,���;�; . ��� _ . , ' . . . • 3, The MNPC shall consist of five (5) �members elected from each of the six Mode1 Cities Districts, and shall consist of the following categories : (1) Youths: One (1) member from each district shall be a youth. A yo;uth is defined as a natural person between the ages of sixteen �16) anci. twenty (2u) , inclusiv2, us of the date ef the election. (2) Adults - Sp2cial: One member from each district shall be elected as a�"Special Adu1t member . For purposes of this resolution a "Specia_1 Adult" is a natural person twenty-one (21) years of age or over, whose total family income for the previous calendar year does not exceed the low income ma.ximum public hous- ing occupancy limits set by the Housing and Redevelopment Authority. All such persons running in this category shall be adults and shall submit to the election officials, at the time of their filing their Petition for Candidacy, a written statement of their family income and family size. A person who meets the qualifications of the Adult Special category may, at his option, run as an Adult Special candidate or as an Adult General candidate, but no one may run in both categories at once . (3) Adults '- General : The remaining three members from each district s a e t�venty-one (21) years of age or older, as of the date of the election. F. Terms of Office. All elected and appointed members of the MNPC s serve or a term o�f two (2) years and until their successors have been duly elected and sworn in; provided, however, tha.t at the election to be held in June, 1973 the Youth member and the Adu1t-Special member elected in each district shall be elected to a one-year term. In the case of vacancy, any MNPC member who has filled a vacant seat shall serve for the remainder of the unexpired term of the member he has replaced. There shall � be no limit on the number of consecutive terms which an individual ma.y serve on the MNPC. . � G. MNPC - Powers and Duties . The MNPC shall have the f ollow- .ing powers an duties: ; (1) Shal1 hire and fire MNPC staff as ma.y be provided to : the MNPC by the City Council. � (2) Be the principal advisory body to the Mayor and City Council, representing tY�e Model Neighborhood community. • , , . < < , • � • . :� 4. (3) Identify problems of the Model Cities area, establish priorities for correcting the problems, institute proposals and develop project concepts within the Model Cities Program guide- lines . . (4) Review and make recommendations to the Ma.yor relating to all plans , programs , proj2cts and budpets included in each annual Nlodel Cities Action Plan, including supplements thereto, and also make recommendations concerning evaluation reports pre- sented by the Director prior to submission thereof to the Nlayor. The Mayor sha11 submit his proposed Action Year Plan to the Coun- cil together caith all comments and recommendations submitted by the MNPC. In preparing each Action Year Plan the Nlayor shall attempt to include all recommendations made by the MNPC. (5) Receive and review quarterly reports on the activities of the MNPC as prepared by the Director. (6) Maintain complete and accurate minutes of its meetings on file with the City Clerk and Director. (7) Adopt such procedures as it may consider necessary for the effective perf ormance of its duties. (8) Create appropriate committees for the carrying out of their responsibilities . (9) Review, upon request of the Mayor and Council, any pol- icy recommendations having an impact on the Model Neighborhood community. i . (10) Provide to the Ma.yor and Director information relating to the interests of the Model Cities area. (11) Any other powers and duties that ma.y be lawfully del- egated from time to time to the MNPC by the Mayor and City Council. (12) The MNPC shall submit an annual report of i�.s activ- ities to the Director, Ma.yor and City Council on or bef ore the f irst day of Jar�.uary of each year. H. Election Procedures . (1) The following procedure shall be used in the election of inembers of the MNPC. The election of the first members of the MNPC shall take place the fourth Saturday in June, 1973, and annually thereafter. Members of the MNPC shall take office upon , , . •. � � . 5• the certification of their election by the Election Co'mmittee and sha.11 hold �office until a successor is selected, and qua.lifies . (2) The Election Can�nittee, as defined in �Subdivision 6, shall designate a clerk of elections . The clerk shall bring and make available nominating petitions . In order for a candidate s name to appear on the ballot, he must return the c�om leted nom- inating petition to the clerk no later_ than three (3� weeks before the day of the election. The clerk shall arbitrate dis- putes over the acceptability of any nominating petition. Any nominating petition not rejected by the clerk by notice ma.iled to the candidate within forty-eight (48) hours after submiss 'ion • thereof s'nall be conclusively presumed to be valid. (3) All candidates regardless of their category shall be residents of the Model Cities area and of the district they wish to represent. (4) Any na.tural person �ma.y be a candidate for his district upon: (a) mee�ing the requirements of the category in which he chooses to run; (b) submission of a nominatin petition to the clerk bearing the signatures of at least ten �10) persons who would be eligible to vote for him in the district in which the person is seeking office . . (S) No later than three (3) weeks before the date upon which the election is to be held, each candidate ma.y submit to the clerk a biography not to exceed seventy-five (75) words , and a �picture of himself. The clerk shall arrange for such biographies and, if practicable, the pictures to be distributed in a manner designed to obtain the widest possible exposure while treating all candidates equally. At least two weeks prior to the election the clerk sha.11 r.lake available to the candidate, for his own use, one thousand (1,000) copies of said candidate' s biography. A candidate may campaign by (a) passing out copies of the biography given to him by the clerk, and (b) word of mouth campaigning. There shall be no expenditure of money by or on behalf of any candidate for his campaign. The MNPC shall refuse to seat any candidate knowingly violating these rules . (6) The polling in the election to the MNPC shall be con- ducted under the supervision of an Elections Committee composed : of one representative chosen by the rINPC from persons other tha.n its own members, one representative chosen by the Mayor, and the City Clerk as chairman. Except as provided herein, and except � there shall be no party designation of candidates or voters , all polling shall be conducted in compliance with Minnesota Statutes, , � � � � � � � . � � �� � � � "���9� . �c6,:. , . . �.� _ � . �' 6. Sections 203 . 12, 203 . 13, 203 . 14, 203 . 18, 203 .22, 204. 04, 204.06, 204. 13, 204. 14, 204. 16, 204. 17, and 204.22, which are hereby incorporated he-rein by reference, and such� further rules not . inconsistent herewith as the Committee shall impose, to include such proof of eligibility to vote as the Committee .shall determine. A complete statement or all rules governing poliirLg shall �e made public by the Committee at least one week prior to the election, and posted in a prominent position in each polling place. (7) If a voter because of a physical disability cannot go to the polling plac.e to vote, said voter ma.y in writing apply to the Election Committee for an absentee ballot. The application for an absentee ballot shall include the voter' s name, address, age and the physical disability. The application sha.11 be sub- mitted to the Election Committee any time prior to the day of election. The Elec�tion Committee shall determine who is eligible for an absentee ballot. The Election Coinmittee shall have the duty to see that each eligible person requesting an absentee ballot shall receive a ballot and that the absentee ballot is counted. In order to be valid, an absentee ballot must be post- marked or delive 'red to the Election Committee on or before the day of election. (8) Separate ballots shall be printed in different colors for each category (e .g. , "Youth", "Adult-Special" and "Adult- General") . The ballots sha.11 contain the name and ad�dress of each candidate arranged in alphabetical order. (9) The election of �members to the MNPC shall be held on the fourth Saturday in June, 1973 and annu.ally thereaf�er. The polling places shall remain open from 8 :00 A.M. to 8 :00 P.M. The Clerk of Elections shall select a polling place within each of the six (6�) districts in the Model Cities Neighborhood. If a district contains a polling place used in regular elections, the Clerk shall designate that polling place to be used in the Mod-el Cities election. If a district contains more tha.n one regular polling p�ace, or if the district does not contain a regular polling place, the Clerk shall designate a polling place conveniently located within or adjacent to sa.id district. (10) Each adult voter may cast up to three (3) votes f or three candidates running "in the "General Adult�� cate or and one g Y (1) vote for one (1) candidate running in the S ecial Adult" category. Youths may��cast one (1) vote for one �(1) candidate running in the Youth category. A voter may in any event cast , only one (1) vote f or any one candidate, including write-in votes, � _ _ • , •� � ' , - .• . � . if any. When the votes from each Model Cities district have been counted, the Election Committee sha11 prepare f or each Model Cities district a list of ail the candidates whose names appeared on the ballot. The names of the candidates sha.11 appear on this list in the order of the total votes received by each, the candidate having the highest total being listed first. The top three candidates in the "General Adult" catPgo_ry shsl� be de�lared • elected, the top candidate in the "Special Adult" category shall be declared elected, and the top candidate in the "Youth" cate- gory shall be declared elected. In the case of a tie a flip of a coin shall determine who is elected. The El.ection Committee sha.11 retain the lists for the purpose of filling vacancies in accordance with Article VI , Section 1, of this resolution. (11) All election costs shall be paid out of Model Cities funds . . (12) In the event that insufficient candidates file to fill the available seats on the MNPC or, in the event of a vacancy, if no other p�rsons are available from the elections list referred to above, the seat shall remain vacant until the next election or, at its option, the r�idPC may call a special election to occur no less than one month from the date of the election call. No special election shall be called if fewer than six months would elapse between the date of the special election and the date of the next general election. Special elections shall be conducted according to the same polling procedures used in general elections . I . Vacancy. . � - If the seat of any member of the MNPC shall become vacant in any manner, the final list prepared by the Election Committee for the district from which the vacancy occurred shall be used for filling the vacancy. The first alterna.te in the category in which there is a vacancy shall fill the first vacancy, and so forth. In the case of a tie, the flip of a coin shall determine � who is the first alternate. � A seat on the MNPC shall become vacant if: (a) a member dies, (b) a member submits a written resigna.tion, (c) a member is recalled by his constituents as provided herein, (d) a member is expelled by the other members of the MNPC, or (e) a member moves from the Model Cities area. � . A seat on the MNPC shall become vacant if a member is re- called by the voters in his district. The Recall Petition must be f � , � . ' � � ���� � ,, , . � �.�9 , � ��J ry •� R v• signed by a number of voters equalling or exceeding 25% of the total votes cast in the district in the last election. There- after, a special election in the affected Model Cities District must be called by the r1�1PC within thirty (30) 3ays after the first Saturday on which the MNPC has in its possession the Recall Petition. If at the special election at least 2,�3 of the votes cast fav�r the mcmber' s recall, he shall b� recalled from Lhe MNPC and his seat declared vacant; provided, however, that if the number of votes cast in favor of recall does not exceed 50% of the tot�:l votes cast in the a£fected district in the last election, he shall not be recalled. , A member of the MNPC may be expelled by the other members of the MNPC in the following manner: (a) A petition, signed by at Ieast sixteen (16) members of the NINPC, must be submitted at a regular MNPC meeting, to the members who are present at the meeting. Notification of the submission of such a petition must be given to all members of the NINPC who are not present at the meeting. Such petition shall state the complaints or charges against the member named. Complaints or charges sufficient for expulsion must involve gross neglect of duty, or gross ma.lfeasance in of.fice . The petition must specifically identify the act or acts upon which the complaint or charge is based. (b) No sooner tl-ian two weeks nor more than four weeks after the first delivery of the petition, the members of MNPC shall conduct a full and fair hearing upon the complaint or charge. At �uch hearing, the accused member shall be afforded an opportunity • to be heard, and may be represented by counsel. If a ma.jority of the members present at tKe close of the hearing vote to dismiss the petition, the petition shall be dismissed. If the petition is not dismissed, the MNPC will convene no sooner than a week, and no later tha.n two weeks after the hearing. At this meeting, _ the MNPC members by a 2/3 vote ma.y determine that the member be : expelled. Should this occur, the seat shall be declared vacant. ' Section 2 . That Cha.pter 65 of the Saint Paul Legislative Code be and the same is hereby rescinded in its entirety. ' ; lst � �._J _� , - 2nd. ' �' � .3� ` : �f � Adopted � �� Yeas Nays i�t'�-� � KONOPATZKI LEVINE ������� �,F MEREDITH �`. �t� ROEDLER TEDESCO ✓. Mme PRESIDENT (BUTLER) - �,.jF -i•y..'i=E � q ` 7,�, � r �..vlitLia CANAR'I — DEPARTMENT �y�� A U i'� �4�I� 1 ���T� gile BLUE ♦ — MAVOR n � ` . • � � � � � � . —. , � . ��"v. . ' ���' . . .. _ . / � ,� `w 0 r d i n a n c � Ordinance No./—� 'resented B� _ Referred To Committee: Date Out of Committee By ' Date 9 . Section 3 . ThiS ordina�nce shall take effect and be in force thirty (30) days from and after its passage, approval and publication. i COUNCILti1EN Requested by Department of: Yeas Na}�s v�ktrr�-� /�_ jKonopatzki [n Favor 1/ �I.evine _ �eredith � Against BY Tedesco e ed L�� ' . Mme.President Butler � F ta 16 �973 Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By By Approved by Mayor for Submission to Council Approved by l�layor: Date — By BY �_ _.._