260598 � CITY CLERK -
F�iNAN�E �
EPkR'YM�N�T ' (jITy OF SAINT PAITL Council �6' �9�
A�tAYOR . ' . File NO. �" _
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• � - 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
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"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.
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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.
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(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
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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,
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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,
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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
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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 -�
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Presented By
Referred To Committee: Date
Out of Committee By Date
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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
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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.
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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.
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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
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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.
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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
, � , .
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. � � �
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 .
' ' .. . � . ,���;�;
. ���
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• 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,:.
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�' 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 �_ _.._