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10-07-2019 Work Session
Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Kelli Bourgeois City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 Visit our website at: www.columbiaheightsmn.gov NOTICE OF WORK SESSION Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. Meeting of: Columbia Heights City Council Date of Meeting: October 7, 2019 Time of Meeting: 7 pm or immediately following EDA meeting Location of Meeting: City Hall-Conference Room 1 Purpose of Meeting: Work Session 1.Modernizing the Charter Amendment Process Policy Comments 2.Joint Resident Meeting – Open House Meeting with the City of Fridley for a Trail Project 3.2020 Budget Discussion *Please bring your department detailed budget books received September 20, 2019 a.Recreation b.Police c.Fire d.Administration e.Community Development f.Liquor 1 SD -77. Modernizing Charter Amendment Process Issue: Minn. Stat. § 410.12 outlines the process for amending city charters and one of the methods is citizen petition and Minn. Rules 8205 provides specific criteria for formatting. City staff then review the petition to determine if it is valid and has met statutory requirements for completion and submission. To ensure that both citizens and city staff fully understand the requirements, clarifying changes should be made. Additionally, if a charter commission or city council wishes to amend provisions in a charter that prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless approved by voters. The process to amend a charter by ordinance is outlined in statute including notification and public hearing requirements. Response: To improve the process for amending a city charter, the League of Minnesota Cities supports: a) Adding clarifying language regarding “registered voters”. These voters must be eligible voters in the district for which the petition is being circulated who are in active status on the statewide registration system at the time of petition verification and have not had a name or address change since the most recent voter registration application was submitted. b) Ensuring that petitioners have access to the petition, public information lists used to verify registered voters, and the examination log available for inspection on request of any registered voter. c) Revising Minn. Rules 8205 to ensure that formatting requirements are clear and up to date. d) Allowing cities to modify liquor provisions in the charter through an open and transparent process that does not require an election. 3 CHAPTER 410 CLASSIFICATION; CHARTERS CITIES, CLASSES.410.01 DEFINITIONS RELATING TO CITIES.410.015 EXISTING CHARTERS PRESERVED.410.03 HOME RULE CHARTERS; PATROL LIMITS.410.04 CHARTER COMMISSION.410.05 COMPENSATION; EXPENSES.410.06 DETERMINATION OF DESIRABILITY; FRAMING CHARTER. 410.07 REGULATION OF FRANCHISES.410.09 CHARTER ELECTION.410.10 ADOPTION; NOTICE, EFFECTIVE DATE.410.11 AMENDMENTS.410.12 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE. 410.121 ALTERNATIVE PROPOSALS.410.14 SUCCESSION; SUBSISTING RIGHTS.410.15 FORMS OF GOVERNMENT INCORPORATED IN CHARTER. 410.16 DISTRIBUTION OF ADMINISTRATIVE POWERS.410.18 POWERS OF MAYOR AND COUNCIL.410.19 CITY COUNCIL MEMBERS; CITY EMPLOYMENT.410.191 RECALL AND REMOVAL OF OFFICERS; ORDINANCES. 410.20 APPLICATION OF GENERAL ELECTION LAWS.410.21 NEW OR REVISED CHARTER.410.24 CITY MAY REVERT TO STATUTORY CITY; PROCESS; TRANSITION. 410.30 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT. 410.32 TAX ANTICIPATION CERTIFICATES.410.325 SAVINGS CLAUSE.410.33 410.01 CITIES, CLASSES. Cities are hereby divided, for legislative purposes, into classes as follows: First class -- Those having more than 100,000 inhabitants provided that once a city is defined to be of the first class, it shall not be reclassified unless its population decreases by 25 percent from the census figures which last qualified the city for inclusion in the class; Second class -- Those having more than 20,000 and not more than 100,000 inhabitants; Third class -- Those having more than 10,000 and not more than 20,000 inhabitants, and Fourth class -- Those having not more than 10,000 inhabitants. Changes in classification resulting from any future national census shall take effect upon the filing of certified copies of the census in the office of the secretary of state as provided in section 600.18. Meanwhile the council or other governing body shall take measures for the election of proper officials and for dividing the city into wards, if necessary, and otherwise prepare for the coming change. History: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s 1 410.015 DEFINITIONS RELATING TO CITIES. The term "statutory city" means any city which has not adopted a home rule charter pursuant to the constitution and laws; the words "home rule charter city" mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the word "city" when used without further description extending the application of the term to home rule charter cities means statutory cities only. History: 1976 c 44 s 19; 1976 c 155 s 3 410.02 [Repealed, 1949 c 114 s 1] Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.02MINNESOTA STATUTES 20191 4 410.03 EXISTING CHARTERS PRESERVED. Until otherwise provided in accordance with this chapter, all cities existing at the time of the taking effect of the Revised Laws 1905 shall continue to be governed by the laws then applicable thereto. History: (1267) RL s 747 410.04 HOME RULE CHARTERS; PATROL LIMITS. Any city in the state may frame a city charter for its own government in the manner hereinafter prescribed; provided, that in such cities having patrol limits established by charter, such limits shall not be altered unless the charter proposing such alteration be adopted by a three-fourths majority. History: (1268) RL s 748; 1907 c 375 s 1; 1973 c 123 art 5 s 7 410.05 CHARTER COMMISSION. Subdivision 1.Appointment.When the district court of the judicial district in which a city is situated, deems it for the best interest of the city so to do, the court, acting through its chief judge, may appoint a charter commission to frame and amend a charter. Upon presentation of a petition requesting such action, signed by at least ten percent of the number of voters of the city, as shown by the returns of the last regular city election, or upon resolution of the governing body of the city requesting such action, the court shall appoint a charter commission. The commission shall be composed of not less than seven nor more than 15 members, each of whom shall be a qualified voter of the city. The size of the commission shall be determined within the above limits by the court, except that where the commission is appointed pursuant to a petition of the voters or resolution of the governing body of the city, the size of the commission shall be as specified in such petition or resolution. Any city may by charter provision fix the size of the charter commission at a figure which shall not be less than seven nor more than 15 members, and such charter provision shall prevail over any inconsistent provisions of this subdivision. Except as otherwise provided in the charter, no person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than judicial. The charter may provide that members of the governing body of the city cannot serve on the charter commission. Subd. 2.Commission members; terms, vacancies.Charter commission members shall hold office for the term of four years, and until their successors are appointed and qualify, except that of members initially appointed after July 1, 1967, eight shall be appointed for two-year terms and seven for four-year terms. Vacancies in the commission shall be filled by appointment of the chief judge for the unexpired terms. Upon the expiration of each term, the chief judge shall appoint new commission members. If the chief judge fails to appoint new commission members within 30 days then thereafter the governing body of the city shall, appoint new commission members, unless within the 30-day period the chief judge indicates in writing to the governing body an intention to appoint new members, in which case the chief judge shall have an additional 60 days within which to make the appointment. Appointments shall be made by order filed with the court administrator of the district court. An appointee who neglects to file with the court administrator within 30 days a written acceptance and oath of office shall be deemed to have declined the appointment and the place shall be filled as though the appointee had resigned. The charter commission, within 30 days after the initial appointment of the commission, shall make rules, including quorum requirements, with reference to its operations and procedures. The commission shall submit to the chief judge of the district court, on or before December 31 of each year, an annual report outlining its activities and accomplishments for the preceding calendar year. The commission shall forward a copy of the report to the clerk of the city. Any member may be removed at any time from office, by written order of the district court, the reason for such removal being stated in the order. When any member has failed to perform the duties of office and has Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2MINNESOTA STATUTES 2019410.03 5 failed to attend four consecutive meetings without being excused by the commission, the secretary of the charter commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal and the chief judge shall fill the vacancy created thereby. Subd. 3.Commission appointments; nominees.A city council, a charter commission, or the petitioners requesting the appointment of a charter commission may submit to the court the names of eligible nominees which the district court may consider in making appointments to the charter commission. Subd. 4.Commission meetings.The charter commission shall meet at least once during each calendar year, and upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider the proposals set forth in such petition or resolution. Subd. 5.Discharge.(a) A charter commission in a statutory city may be discharged as follows: (1)if the charter commission of a statutory city determines that a charter is not necessary or desirable, the commission may be discharged by a vote of three-fourths of its members; or (2)if a petition signed by registered voters equal in number to at least five percent of the registered voters in the city requesting a referendum to discharge the charter commission is filed with the city clerk, an election must be held on the issue at a general election or a special election pursuant to section 205.10. If a majority of the votes cast support the referendum, the charter commission shall be discharged. (b)Another commission may not be formed sooner than one year from the date of discharge. History: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44 s 20; 1979 c 330 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 51 s 1; 2004 c 197 s 1,2; 2008 c 331 s 6 410.06 COMPENSATION; EXPENSES. The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess of charter tax limitations to pay such expenses. History: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s 2; 1973 c 123 art 5 s 7; 1994 c 505 art 3 s 8 410.07 DETERMINATION OF DESIRABILITY; FRAMING CHARTER. As soon as practicable after such appointment, the charter commission shall deliver to the clerk of the city either (1) its report determining that a home rule charter for the city is not necessary or desirable, or (2) the draft of a proposed charter, in either case signed by at least a majority of its members. Such draft shall fix the corporate name and the boundaries of the proposed city, and provide for a mayor, and for a council to be elected by the people. Subject to the limitations in this chapter provided, it may provide for any scheme Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.07MINNESOTA STATUTES 20193 6 of municipal government not inconsistent with the constitution, and may provide for the establishment and administration of all departments of a city government, and for the regulation of all local municipal functions, as fully as the legislature might have done before home rule charters for cities were authorized by constitutional amendment in 1896. It may omit provisions in reference to any department contained in special or general laws then operative in the city, and provide that such special or general laws, or such parts thereof as are specified, shall continue and be in force therein, including any such special or general law authorizing the city to incur indebtedness or issue its bonds for municipal purposes. It may prescribe methods of procedure in respect to the operation of the government thereby created, and the duties thereunder of all courts and officers of the district and county in which the city is situated, which duties such courts and officers shall perform. By such charter the city may be authorized to acquire, by gift, devise, purchase, or condemnation, any property, within or without its boundaries, needed for the full discharge of any public function which it is permitted to exercise. History: (1271) RL s 751; 1921 c 120; 1921 c 343; 1959 c 305 s 1; 1961 c 608 s 3; 1971 c 71 s 4; 1973 c 123 art 5 s 7 410.08 [Repealed, 1953 c 278 s 1] 410.09 REGULATION OF FRANCHISES. Such proposed charter may provide for regulating and controlling the exercise of privileges and franchises in or upon the streets and other public places of the city, whether granted by the city, by the legislature, or by any other authority; but no perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted, unless the proposed grant be first submitted to the voters of the city, and be approved by a majority of those voting thereon, nor in such case for a period of more than 25 years. History: (1283) RL s 753; 1973 c 123 art 5 s 7 410.10 CHARTER ELECTION. Subdivision 1.Timing; procedure; recall.Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held on a date authorized by section 205.10, subdivision 3a. The council or other governing body may call a special election for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter. Subd. 2.Election notice; publication.The notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25,000 copies. The governing body may in addition thereto publish the notice in any other legal newspaper published in the city. Subd. 3.Ballot words, form.The ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes.... No....," with a square after each of the last two words, in which the voter may place a Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4MINNESOTA STATUTES 2019410.07 7 cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner. Subd. 4.Rejection; later proposals.If any charter so submitted be rejected the charter commission may propose others from time to time until one is adopted. History: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123 art 5 s 7; 1986 c 444; 2017 c 92 art 2 s 23 410.11 ADOPTION; NOTICE, EFFECTIVE DATE. If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall be considered adopted; and, if any provisions thereof are submitted in the alternative, those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk shall file with the secretary of state and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted and record a certified copy with the county recorder of the county in which the city lies. The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon the election of officers thereunder, the officials of the former corporation shall deliver to them the records, money and other public property in their control. History: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1986 c 444; 2005 c 4 s 104 410.12 AMENDMENTS. Subdivision 1.Proposals.The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. 1a.Alternative methods of charter amendment.A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2.Petitions.The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.12MINNESOTA STATUTES 20195 8 appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: )State of ......................................................... ) ss. )County of ..................................................... .............. ................. being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed ............................ (Signature of Circulator) Subscribed and sworn to before me this ....... day of ...... ....... Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3.May be assembled as one petition.All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4.Election.Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6MINNESOTA STATUTES 2019410.12 9 filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5.Amendments proposed by council.The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6.Amendments, cities of the fourth class.The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7.Amendment by ordinance.Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7; 2010 c 184 s 43 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.12MINNESOTA STATUTES 20197 10 410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE. If the charter which is to be amended or replaced contains provisions which prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof. History: 1969 c 1027 s 2 410.13 [Repealed, 1959 c 305 s 6] 410.14 ALTERNATIVE PROPOSALS. In submitting a charter or an amendment to the voters any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any amendments thereto. History: (1288) RL s 757 410.15 SUCCESSION; SUBSISTING RIGHTS. The new city so organized shall be in all respects the legal successor of the former corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any subsisting right, lien, or demand against the city superseded, or affect any pending action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former corporation, all property vested therein or held in trust therefor, all taxes and assessments levied in its behalf, and all its privileges and immunities not inconsistent with the new charter, shall pass to its successor. All ordinances, resolutions, and bylaws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed. History: (1289) RL s 758; 1973 c 123 art 5 s 7 410.16 FORMS OF GOVERNMENT INCORPORATED IN CHARTER. The charter commission may incorporate as part of the proposed charter for any city the commission, mayor-council, council-manager form of city government or any other form not inconsistent with constitution or statute, and may provide that all elective city officers, including mayor and members of the council, shall be elected at large or otherwise. History: (1290) 1909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 7 410.17 [Repealed, 1973 c 503 s 6] 410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS. Such charter commission may also provide that the administrative powers, authority, and duties in any such city shall be distributed into and among departments and may provide that the council may determine 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 may assign particular officers or employees to perform duties in two or more departments, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. History: (1292) 1909 c 170 s 3; 1959 c 305 s 5 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8MINNESOTA STATUTES 2019410.121 11 410.19 POWERS OF MAYOR AND COUNCIL. The charter commission may incorporate in such charter provisions defining the powers and duties of the mayor and each member of the council, and may provide that each member of the council shall perform such administrative duties as may be designated in such charter. History: (1293) 1909 c 170 s 4; 1959 c 305 s 5 410.191 CITY COUNCIL MEMBERS; CITY EMPLOYMENT. Notwithstanding any charter provision, neither the mayor nor any city council member may be employed by the city. For purposes of this section, "employed" refers to full-time permanent employment as defined by the city's employment policy. History: 2010 c 206 s 1 410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES. Such commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protesting against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote. History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444 410.21 APPLICATION OF GENERAL ELECTION LAWS. The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as to nominations, primary elections, and elections for municipal offices, notwithstanding that such charter provisions may be inconsistent with any general law relating thereto, and such general laws shall apply only in so far as consistent with such charter. History: (1295) 1909 c 170 s 6 410.22 [Repealed, 1973 c 503 s 6] 410.23 [Repealed, 1959 c 305 s 6] 410.24 NEW OR REVISED CHARTER. Any city having a home rule charter may submit and adopt a new or revised charter in the manner provided by law for the original adoption of such home rule charter. History: (1298) 1909 c 236 s 2; 1961 c 608 s 8 410.25 [Repealed, 1959 c 305 s 6] 410.26 [Repealed, 1961 c 608 s 10] 410.27 [Repealed, 1973 c 503 s 6] Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.27MINNESOTA STATUTES 20199 12 410.30 CITY MAY REVERT TO STATUTORY CITY; PROCESS; TRANSITION. Any city of any class having a home rule charter may abandon such charter and become a statutory city. A proposal to abandon the charter shall be presented, adopted, and become effective in the same manner as a charter amendment, and all statutory provisions relating to home rule charter amendments shall apply to a proposal to abandon a charter. Such proposal shall include a schedule containing all necessary provisions for transition to a statutory city form of government, including such provisions with reference to terms of incumbent officers as are deemed appropriate to place the municipality on the regular statutory city election schedule as soon as practicable. The proposal may provide in effect for continuance of specified provisions of the home rule charter for an interim period and shall specify the standard plan or the optional plan under which the municipality is to operate as a statutory city. History: 1965 c 561 s 1; 1973 c 123 art 5 s 7; 1973 c 503 s 5 410.31 [Repealed, 1973 c 503 s 6] 410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT. (a) Notwithstanding any contrary provision of other law or charter, a home rule charter city may, by resolution and without public referendum, issue capital notes subject to the city debt limit to purchase capital equipment. (b) For purposes of this section, "capital equipment" means: (1) public safety equipment, ambulance and other medical equipment, road construction and maintenance equipment, and other capital equipment; and (2) computer hardware and software, whether bundled with machinery or equipment or unbundled, together with application development services and training related to the use of the computer hardware and software. (c) The equipment or software must have an expected useful life at least as long as the term of the notes. (d) The notes shall be payable in not more than ten years and be issued on terms and in the manner the city determines, provided that notes issued for projects that eliminate R-22, as defined in section 240A.09, paragraph (b), clause (2), must be payable in not more than 20 years. The total principal amount of the capital notes issued in a fiscal year shall not exceed 0.03 percent of the estimated market value of taxable property in the city for that year. (e) A tax levy shall be made for the payment of the principal and interest on the notes, in accordance with section 475.61, as in the case of bonds. (f) Notes issued under this section shall require an affirmative vote of two-thirds of the governing body of the city. (g) Notwithstanding a contrary provision of other law or charter, a home rule charter city may also issue capital notes subject to its debt limit in the manner and subject to the limitations applicable to statutory cities pursuant to section 412.301. History: 1983 c 361 s 1; 1988 c 702 s 2; 1988 c 719 art 5 s 84; 1989 c 1 s 4; 1990 c 612 s 15; 2003 c 127 art 12 s 15; 1Sp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 8; 2008 c 154 art 10 s 15; 2013 c 143 art 12 s 8; art 14 s 64; 1Sp2017 c 1 art 7 s 3 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10MINNESOTA STATUTES 2019410.30 13 410.325 TAX ANTICIPATION CERTIFICATES. Notwithstanding a contrary provision of other law or charter, a home rule charter city may issue tax anticipation certificates in the manner and subject to the limitations applicable to statutory cities under section 412.261. The certificates may also be issued in anticipation of federal and state aids, but the total amount of certificates issued against any fund for any year with interest on them must not exceed any limits in the charter relating to the total of the anticipated tax levy and the anticipated state aids for any fund not yet collected or received. History: 1995 c 264 art 9 s 10 410.33 SAVINGS CLAUSE. If a city charter is silent on a matter that is addressed for statutory cities by chapter 412 or other general law and general law does not prohibit a city charter from addressing the matter or expressly provide that a city charter prevails over general law on the matter, then the city may apply the general law on the matter. History: 1994 c 446 s 1 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.33MINNESOTA STATUTES 201911 14 CHAPTER 8205 SECRETARY OF STATE PETITIONS GENERAL REQUIREMENTS FORM OF PETITIONS.8205.1010 CIRCULATING PETITIONS.8205.1020 SIGNING PETITIONS.8205.1030 FILING PETITIONS.8205.1040 VERIFYING PETITIONS.8205.1050 RECALL PETITIONS FORM OF PROPOSED RECALL PETITION.8205.2000 VERIFYING THE PROPOSED RECALL PETITION.8205.2010 ISSUING THE RECALL PETITION.8205.2100 FORM OF RECALL PETITION.8205.2110 VERIFYING THE RECALL PETITION.8205.2120 MAJOR AND MINOR POLITICAL PARTY RECOGNITION PETITIONS FORM OF MAJOR AND MINOR POLITICAL PARTY RECOGNITION PETITION.8205.3000 VERIFYING STATEWIDE MAJOR POLITICAL PARTY RECOGNITION PETITION AND STATEWIDE MINOR POLITICAL PARTY RECOGNITION PETITION. 8205.3200 8205.1000 [Repealed, 25 SR 616] Published Electronically:September 29, 2003 GENERAL REQUIREMENTS 8205.1010 FORM OF PETITIONS. Subpart 1.Applicability.This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions. Subp. 2.General form requirements.Petitions must be prepared in accordance with items A to I. A.A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer's oath and the signature lines must be on the same side of the paper. B.The language on the petition must be printed in no smaller than 10-point type. C.Each petition page must have a short title describing the purpose of the petition. D.Each petition page must have a statement summarizing the purpose of the petition. Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.1010MINNESOTA RULES1 15 E.If the purpose of the petition is to put a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question. F.Each petition page must have a signer's oath in no smaller than 12-point bold type. If the form of the signer's oath is not specified by statute, the following oath must be used: "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." G.Each petition page must include the following statement immediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." H.Each petition page must have no more than ten signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory's year of birth; printed first, middle, and last name; and residence address, municipality, and county. I.Each petition page must include the following statement: "All information on this petition is subject to public inspection." Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06 History: 25 SR 616; 34 SR 1561 Published Electronically:May 26, 2010 8205.1020 CIRCULATING PETITIONS. Subpart 1.Applicability.This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions. Subp. 2.Photocopies.Petitioners may circulate photocopies of a sample petition page. Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06 History: 25 SR 616 Published Electronically:September 29, 2003 8205.1030 SIGNING PETITIONS. Subpart 1.Applicability.This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions. Subp. 2.Required information.The person signing the petition shall complete the signature date, name, year of birth, and residence address lines on the petition. Subp. 3.Signing by disabled person.A person physically unable to complete the petition may ask another for assistance. Subp. 4.Signing only once.A person may sign a petition only once. Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2MINNESOTA RULES8205.1010 16 History: 25 SR 616 Published Electronically:September 29, 2003 8205.1040 FILING PETITIONS. Subpart 1.Applicability.This part applies to any petition required for any election or recall in this state. Subp. 2.Definition of filing officer.As used in this part and part 8205.1050, "filing officer" means: A.in the case of a petition for a county office or county question, the county auditor; B.in the case of a petition for a federal office, the secretary of state; C.in the case of a state office, the filing officer who receives the affidavit for filing under Minnesota Statutes, section 204B.09, subdivision 1, paragraph (d); D.in the case of a petition for a municipal office or municipal question, the municipal clerk; E.in the case of a petition for a school district office or school district question, the school district clerk; F.in the case of a petition for a special district office or special district question, the special district clerk; G.in the case of a recall petition or a proposed recall petition filed under Minnesota Statutes, chapter 211C, the secretary of state; H.in the case of a removal petition filed under Minnesota Statutes, section 351.16, the county auditor; or I.in the case of a recall petition or a proposed recall petition filed pursuant to a municipal charter or ordinance, the municipal clerk. Subp. 3.Filing procedures.The person filing the petition must submit the entire petition at one time to the filing officer. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the filing officer. Petition pages must not be altered by anyone except the filing officer for verification purposes after the petition has been filed. Subp. 4.Receipt.The filing officer must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted. Statutory Authority: MS s 204B.071; 211C.03; 211C.04; 211C.06 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.1040MINNESOTA RULES3 17 History: 25 SR 616; 34 SR 1561 Published Electronically:May 26, 2010 8205.1050 VERIFYING PETITIONS. Subpart 1.Applicability.This part does not apply to proposed recall and recall petitions. The verification processes for proposed recall and recall petitions are located in parts 8205.2010 and 8205.2120. This part does not apply to statewide Major Political Party Recognition Petitions or statewide Minor Political Party Recognition Petitions. The verification processes for Major Political Party Recognition Petitions and Minor Political Party Recognition Petitions are located in parts 8205.3000 and 8205.3200. Subp. 2.Verifying petitions.The filing officer shall verify each petition using the method in items A to C. A.The filing officer shall inspect the form of the petition to determine whether it complies with part 8205.1010. The filing officer need only determine substantial compliance with regard to any type size on the form. B.The filing officer shall inspect the petition to determine whether it has been signed by the required number of signatories and whether the signatories meet the applicable eligibility requirements. If the petition has not been signed by the required number of qualified signatories, the filing officer must notify the person who filed the petition: (1)that the petition has not been signed by the required number of signatories; and (2)of the number of additional signatures needed. If the time for circulating the petition has not expired, the petitioners may collect additional signatures and submit them at one time to the filing officer before the circulation period expires. C.If the petition satisfies the form requirements in part 8205.1010 and has been signed by the required number of qualified signatories during the applicable time period, the filing officer shall notify the person whose name is on the petition receipt that the petition is sufficient. Subp. 3.Time for verification.The filing officer shall complete the verification of a petition as soon as practicable but no later than ten working days after the day on which the petition was filed. Statutory Authority: MS s 204B.071 History: 25 SR 616; 34 SR 1561; 38 SR 1368; 43 SR 437 Published Electronically:October 15, 2018 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4MINNESOTA RULES8205.1040 18 RECALL PETITIONS 8205.2000 FORM OF PROPOSED RECALL PETITION. Subpart 1.Applicability of other rules.A proposed recall petition must comply with parts 8205.1010 to 8205.1040. Subp. 1a.Form of proposed recall petition.Proposed recall petitions must be prepared in accordance with items A to C. A.The words "PROPOSED RECALL PETITION" must be printed at the top of each page of the petition. B.Each page of the proposed petition must include the following information: (1)the information required by Minnesota Statutes, section 211C.03; and (2)an oath in the following form: "I solemnly swear (or affirm) that I am an eligible voter residing in the district where the state officer serves or, in the case of a statewide officer, in the state; I know the purpose and content of the petition; and I signed the petition only once and of my own free will." C.Separate petitions must be used to propose the recall of more than one state officer. D.The secretary of state shall provide sample proposed recall petition pages. Subp. 2.[Repealed, 25 SR 616] Subp. 3.Submitting the proposed recall petition.The proposed recall petition must be submitted to the secretary of state. The persons submitting the proposed recall petition also shall submit a written statement designating no more than three consenting signatories of the petition who will represent all petitioners in all matters relating to the recall. The secretary shall provide sample written statements. The petition must be accompanied by a fee of $100. If the filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, the secretary of state shall send notice of the worthless instrument to the petitioners via registered mail with return receipt requested. The petitioners have five days from the time the secretary receives proof of receipt to provide the secretary of state with sufficient funds. If adequate payment is not made, the secretary of state shall dismiss the proposed petition. Subp. 4.Receipt of proposed recall petition.The receipt must include the name of the state officer who is the subject of the proposed petition. Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06 History: 22 SR 1713; 25 SR 616 Published Electronically:September 29, 2003 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.2000MINNESOTA RULES5 19 8205.2010 VERIFYING THE PROPOSED RECALL PETITION. Subpart 1.Verifying the proposed recall petition.The secretary of state shall inspect the form of each proposed recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2000, subpart 1. The secretary of state need only determine substantial compliance with regard to any type size on the form. The secretary of state shall inspect each proposed recall petition to determine whether it has been signed by at least 25 persons eligible to vote in the district where the state officer subject to the proposed recall petition serves or, in the case of a statewide officer, within the state. The secretary of state shall verify that the address given by each signatory is in the district served by the state officer subject to the proposed recall petition and that the birth date given by each signatory establishes that the signatory was at least 18 years old when the petition was signed. If the secretary of state determines that less than 25 eligible voters have signed a proposed recall petition, the secretary of state shall immediately dismiss the petition and send written notice to the person submitting the petition. If the secretary of state determines that the proposed recall petition is sufficient, the secretary shall immediately send written notice to the state officer subject to the proposed recall petition and the petitioners and shall forward the proposed petition to the clerk of the appellate courts. Subp. 2.Time for verification.The secretary of state shall complete the verification of a proposed recall petition no later than three working days after the day on which the petition was filed. Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06 History: 22 SR 1713; 25 SR 616; 34 SR 1561 Published Electronically:May 26, 2010 8205.2100 ISSUING THE RECALL PETITION. Subpart 1.Secretary of state's duties.When the secretary of state receives a recall order from the supreme court, the secretary shall provide the petitioners with: A.a sample recall petition page that includes the statement of facts and grounds for recall ordered by the supreme court; B.the number of signatures needed for the petition to be valid; and C.the date by which the petition must be filed with the secretary of state to meet the filing deadline. Subp. 2.[Repealed, 25 SR 616] Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06 History: 22 SR 1713; 25 SR 616 Published Electronically:September 10, 2018 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6MINNESOTA RULES8205.2010 20 8205.2110 FORM OF RECALL PETITION. Subpart 1.Applicability of other rules.A recall petition must comply with parts 8205.1010 to 8205.1040. Subp. 1a.Form of recall petition.Recall petitions must be prepared in accordance with items A and B. A.The words "RECALL PETITION" must be printed at the top of each page of the petition. B.Each page in the petition must include the following information: (1)the information required by Minnesota Statutes, section 211C.03; and (2)an oath in the following form: "I solemnly swear (or affirm) that I am an eligible voter residing in the district where the state officer serves or, in the case of a statewide officer, in the state; I know the purpose and content of the petition; and I signed the petition only once and of my own free will." C.A separate petition must be used for the recall of each state officer. Subp. 2.[Repealed, 25 SR 616] Subp. 3.Submitting the petition.The completed petition must be filed with the secretary of state. Subp. 4.Receipt of recall petition.The receipt must include the name of the state officer who is the subject of the petition. Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06 History: 22 SR 1713; 25 SR 616 Published Electronically:September 29, 2003 8205.2120 VERIFYING THE RECALL PETITION. Subpart 1.Verifying the recall petition.The secretary of state shall verify each recall petition by the following method. A.The secretary of state shall inspect the form of the recall petition to determine whether it complies with the requirements in parts 8205.1010 and 8205.2110, subpart 1. B.The secretary of state shall inspect each petition to determine whether it was filed within 90 days after the date of issuance. If the secretary of state determines that the petition was not filed within 90 days after the date of issuance, the secretary shall dismiss the petition and notify the petitioners of the reason for dismissal. C.The secretary of state shall inspect each petition to determine whether it has been signed by a number of persons eligible to vote in the district served by the state officer subject to the recall petition that is equal to at least 25 percent of the number of votes cast at the most recent general election for the office held by the state officer subject to the recall petition. If the petition has not Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.2120MINNESOTA RULES7 21 been signed by the required number of eligible voters and the 90-day time limit has expired during the verification process, the secretary shall dismiss the petition and notify the petitioners of the reason for the dismissal. If the petition has not been signed by the required number of eligible voters but the 90-day time limit has not expired, the secretary shall notify the petitioners: (1)that the petition has not been signed by the required number of voters; (2)of the number of additional signatures needed; (3)that the 90-day time limit has not expired; (4)of the number of days left in the 90-day time limit; and (5)that the petitioners may provide the secretary with the required number of additional signatures before the 90-day time limit expires. If the petitioners do not provide the necessary number of additional signatures during the 90-day time limit, the secretary shall dismiss the petition and notify the petitioners. If the petitioners provide the necessary number of required signatures within the 90-day time limit, the secretary shall continue the verification process. D.The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible voters. (1)If a member of the house of representatives or senate is the subject of the recall petition, the sample size must be 650 signatures. (2)If the governor, lieutenant governor, secretary of state, state auditor, or attorney general, or a supreme court, court of appeals, or district court judge is the subject of the recall petition, the sample size must be 2,000 signatures. (3)The secretary shall consecutively number every completed signature line on the petition. The signature lines on the petition that correspond to the random numbers generated constitute the sample for the verification process. (4)The secretary of state shall verify that the address given by each signatory in the sample is in the district served by the state officer subject to the recall petition and that the birth date given by each signatory in the sample establishes that the signatory was at least 18 years old when the petition was signed. Signatures from persons determined by the secretary to be ineligible to vote must not be counted. (5)The secretary shall determine what percentage of the signatories in the sample are eligible voters. (6)The secretary shall multiply the total number of petition signatories by the percentage of signatories determined to be eligible voters in the sample to determine how many of the signatories on the petition are deemed to be eligible voters. (7)If the statistical sampling shows the number of signatories deemed to be eligible voters is less than 100 percent of the required number and the 90-day time limit has expired during Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8MINNESOTA RULES8205.2120 22 the verification process, the secretary shall dismiss the petition and notify the petitioners of the reasons for the dismissal. (8)If the statistical sampling shows the number of signatories deemed to be eligible voters is less than 100 percent of the required number but the 90-day time limit has not expired during the verification process, the secretary shall notify the petitioners: (a)that the petition has not been signed by the required number of eligible voters; (b)of the number of additional signatures needed; (c)that the 90-day time limit has not expired; (d)of the number of days left in the 90-day time limit; and (e)that the petitioners may provide the secretary with the required number of additional signatures before the 90-day time limit expires. If the petitioners do not provide the secretary with additional signatures during the 90-day time limit, the secretary shall dismiss the petition and notify the petitioners. If the petitioners provide the secretary with additional signatures, the secretary shall reverify the petition using the procedure described in subpart 1. E.If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.2110, subpart 1, the petition has been filed within the 90-day time limit, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible voters is 100 percent or greater of the required number, the secretary shall certify the petition and immediately send written notice to the governor, the petitioners, and the state officer subject to the petition. Subp. 2.Time for verification.The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed. Statutory Authority: MS s 204B.071; 207A.09; 211C.03; 211C.04; 211C.06 History: 22 SR 1713; 25 SR 616; L 2003 c 112 art 2 s 50 Published Electronically:September 29, 2003 MAJOR AND MINOR POLITICAL PARTY RECOGNITION PETITIONS 8205.3000 FORM OF MAJOR AND MINOR POLITICAL PARTY RECOGNITION PETITION. Subpart 1.Applicability of other rules.A major or minor political party recognition petition must comply with parts 8205.1010 to 8205.1040. Subp. 2.Form of Major Political Party Recognition Petition.Major Political Party Recognition Petitions must be prepared in accordance with items A and B. Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.3000MINNESOTA RULES9 23 A.The words "MAJOR POLITICAL PARTY RECOGNITION PETITION" must be printed at the top of each page of the petition. B.Each page in the petition must include the following information: (1)An affirmation that each signatory: (a)supports the general principles of that party's constitution; (b)voted for a majority of that party's candidates in the last general election; or (c)intends to vote for a majority of that party's candidates in the next general election. (2)An oath in the following form: "I solemnly swear (or affirm) that I know the purpose and content of the petition; and I signed the petition only once and of my own free will." C.A separate petition must be used for each prospective major political party. Subp. 3.Form of the Minor Political Party Recognition Petition.A Minor Political Party Recognition Petition must be prepared in accordance with items A and B. A.The words "MINOR POLITICAL PARTY RECOGNITION PETITION" must be printed at the top of each page of the petition. B.An oath in the following form: "I solemnly swear (or affirm) that I am a member of the __________ party; I know the purpose and content of the petition; and I signed the petition only once and of my own free will." C.A separate petition must be used for each prospective minor political party. Subp. 4.Filing.Prior to filing the petition, the party must ensure the signatures are consecutively numbered. The completed petition must be filed with the secretary of state. Upon filing the petition the prospective major or minor political party must provide the name, address, and telephone number of a contact person. Statutory Authority: MS s 204B.071 History: 38 SR 1368 Published Electronically:May 1, 2014 8205.3200 VERIFYING STATEWIDE MAJOR POLITICAL PARTY RECOGNITION PETITION AND STATEWIDE MINOR POLITICAL PARTY RECOGNITION PETITION. Subpart 1.Verifying the statewide political party recognition petitions.The secretary of state shall verify each statewide Major Political Party Recognition Petition and each statewide Minor Political Party Recognition Petition by the following method. A.The secretary of state shall determine whether the petition was filed before the close of the filing period for state and federal offices. If the secretary of state determines that the petition Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10MINNESOTA RULES8205.3000 24 was not filed before the close of filing for state and federal offices, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal. B.The secretary of state shall inspect the form of the major or minor political party recognition petition to determine whether or not it complies with requirements in parts 8205.1010 to 8205.1040 and 8205.3000. C.The secretary of state shall inspect each petition to determine whether or not it has been signed by a number of eligible persons equal to at least: (1)five percent of the total number of individuals who voted in the preceding state general election for qualification as a major political party; or (2)one percent of the total number of individuals who voted in the preceding state general election for qualification as a minor political party. If the petition has not been signed by the required number of eligible persons and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reason for dismissal. If the petition has not been signed by the required number of eligible persons but the filing deadline has not passed, the secretary of state shall notify the petitioners: (a)that the petition has not been signed by the required number of eligible persons; (b)of the number of additional signatures needed; (c)that the filing deadline has not yet passed; (d)of the date of the filing deadline; and (e)that the petitioners may provide the secretary of state with the required number of additional signatures before the close of the filing period. If the petitioners do not provide the necessary number of additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the necessary number of required signatures before the close of the filing period, the secretary of state shall continue the verification process. D.The secretary of state shall use a random sampling technique to verify that the persons signing the petition are eligible persons. (1)The sample size must be 2,000 signatures for a statewide political party recognition petition. (2)The secretary of state shall consecutively number every completed signature line on the petition. The signature lines on the petition that correspond to the random number generated constitute the sample for the verification process. (3)The secretary of state shall verify that the address given by each signatory in the sample is in the state of Minnesota and that the birth date given by each signatory in the sample Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.3200MINNESOTA RULES11 25 establishes that the signatory was eligible to sign the petition. The secretary of state must also determine that the signatory signed the petition not more than one year prior to filing of the petition. Signatures from persons determined by the secretary of state to be ineligible to vote must not be counted. (4)The secretary of state shall determine what percentage of the signatories in the sample are eligible persons. (5)The secretary shall multiply the total number of petition signatories by the percentage of signatories determined to be eligible persons in the sample to determine how many of the signatories on the petition are deemed to be eligible persons. (6)If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number and the filing deadline has passed during the verification process, the secretary of state shall dismiss the petition and notify the petitioners of the reasons for the dismissal. (7)If the statistical sampling shows the number of signatories deemed to be eligible persons is less than 100 percent of the required number but the filing deadline has not passed during the verification process, the secretary of state shall notify the petitioners: (a)that the petition has not been signed by the required number of eligible persons; (b)of the number of additional signatures needed; (c)that the filing period has not expired; (d)of the date on which the filing period expires; and (e)that the petitioners may provide the secretary of state with the required number of additional signatures before the filing deadline. If the petitioners do not provide the secretary of state with additional signatures before the end of the filing period, the secretary of state shall dismiss the petition and notify the petitioners. If the petitioners provide the secretary of state with additional signatures, the secretary of state shall reverify the petition using the procedure described in this subpart. E.If the secretary of state determines that the petition satisfies the form requirements in parts 8205.1010 and 8205.3000, that the petition has been filed prior to the close of the filing deadline for state and federal candidates, that the petition has been signed by the required number of signatories, and that the statistical sampling shows the number of signatories who are eligible persons is 100 percent or greater of the required number, the secretary of state shall certify the petition and immediately send written notice to the petitioners, the commissioner of the Minnesota Department of Revenue, and the executive director of the Campaign Finance and Public Disclosure Board. Subp. 2.Time for verification.The secretary of state shall complete the verification of a petition no later than ten working days after the day on which the petition was filed. Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 12MINNESOTA RULES8205.3200 26 Statutory Authority: MS s 204B.071 History: 38 SR 1368; 40 SR 1553 Published Electronically:June 15, 2016 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8205.3200MINNESOTA RULES13 27 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/14/2019 The Home Rule Charter City Chapter 4 | Page 15 5. Effective date Minn. Stat. § 410.11. The charter will take effect 30 days after the election or at another time specified by the charter. The charter supersedes any previous charter of the city. The courts must take judicial notice of the charter. Minn. Stat. § 410.11. The officials elected and appointed under the newly adopted charter may then take control of the city’s records, money, and property at any t ime specified by the charter. The charter may provide that until an election of officers occurs, the officers under the old charter will continue to function. When the new charter becomes fully operational, the re-organized city corporation is in all respects the legal successor of the corporation organized under the old charter or state law. Existing, consistent ordinances and contracts continue until the council changes them or they expire by their terms. 6. Rejected charters If less than 51 percent of those voting on the question do not vote in favor of the proposed charter: Minn. Stat. § 410.10, subd. 4. Minn. Stat. § 410.05, subd. 5(a)(1). Minn. Stat. § 410.05, subd. 5(a)(2). • The charter commission may choose to modify its proposed charter and re-submit the charter for election. • The charter commissio n may choose to disband by a three-fourths vote of its members. • The city voters may disband the charter commission through a petition and referendum process. Minn. Stat. § 410.05, subd. 5(b). When a charter commission disbands itself or is discharged by the city voters, another commission may not be formed sooner than one year from the date of discharge. C. Amendments Minn. Stat. § 410.12, subd. 1a. Charter cities will find it necessary to update or otherwise modify their charter to reflect current needs and expectations. Amendments must originate through one of the several ways that are provided in statute: 1. Amendment by proposal a. Charter commission Minn. Stat. § 410.12, subd. 1. A charter commission may propose amendments to the charter at any time. 28 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/14/2019 The Home Rule Charter City Chapter 4 | Page 16 b. Citizen petition Minn. Stat. § 410.12, subds. 1-3. A.G. Op. 59a-11 (Dec. 30, 1981). A charter commission must propose amendments upon receiving a petition signed by a number of registered voters equal to 5 percent of the total votes cast at the previous state general election in the city. This percentage cannot be changed by the charter itself. Minn. Stat. § 410.12, subd. 1. All petitions circulated must be uniform in char acter. The petition must state the proposed amendment to the charter in full. However, if the proposed amendment is larger than 1,000 words, a true and correct copy must be filed with the city clerk, and the petition will contain a summary (between 50 and 300 words) setting forth the “substance and nature” of the proposed amendment. When a summary is used, that summary (along with a copy of the prosed amendment) must be first submitted to the charter commission for its approval as to form and substance. The commission has 10 days to return the summary with any modifications necessary to fairly comply with these requirements. Minn. Stat. § 204B.071. Minnesota Secretary of State - Petitions. The secretary of state is required to develop rules governing the manner in which petitions required for any election in this state are circulated, signed, filed, and inspected. The secretary of state shall provide samples of petition forms for use by election officials. Once received, the commission must submit the petition to popular vote. c. Process and procedure Minn. Stat. § 410.12, subds. 1, 4. Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1981). Haumant v. Griffin, 699 N.W.2d 774 (Minn. Ct. App. 2005). The amendment goes to the city clerk, who notifies the council. The council then provides for the election under the same rules that apply to a new charter. The council may not refuse to submit or change the amendment as long as it is constitutional. A city council does not need to submit an unconstitutional charter amendment or an amendment that violates state or federal law to the voters. When an amendment to a charter is proposed by the charter commission or petitioned for by the voters of the city, the proposed amendment must be submitted at least 17 weeks before the general election. 2. Amendment by ordinance a. City council Minn. Stat. § 410.12, subd. 5. The city council may propose an amendment by ordinance. The council submits the ordinance proposing an amendment to the commission, which has 60 days for review (which may be extended by the commission an additional 90 days by filing a resolution determining that additional time is necessary with the city clerk). 29 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/14/2019 The Home Rule Charter City Chapter 4 | Page 17 After the review period, the commission returns the amendment or its own substitute amendment to the council. The council then submits to the voters either the amendment it originally proposed or the commission’s substitute amendment. b. Charter commission Minn. Stat. § 410.12, subd. 7. The charter commission may recommend the council amend the charter by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing of the proposal (which must also contain the text of the proposed amendment). Minn. Stat. § 410.12, subd. 7. The city must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The vote must be unanimous, including approval by the mayor if the mayor has veto power. The ordinance proposing the amendment is subject to the same publication requirements as other ordinances. The ordinance becomes effective 90 days after passage and publication, unless a later date is provided in the ordinance. Minn. Stat. § 410.12, subd. 7. Within 60 days after passage and publication, a petition signed by registered voters equal in number to at least 5 percent of the registered voters in the city or 2,000, whichever is less, may be submit ted to force a referendum on the amendment. If voters file a proper petition, the city must handle the amendment like any other charter amendment, except the council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. c. Cities of the fourth class Minn. Stat. § 410.12, subd. 6. In cities with a population of less than 10,000, the council may propose amendments by ordinance without submitting them to the charter commission. Four-fifths of the councilmembers must vote for the ordinance. Two weeks published notice is necessary before the vote. The council must then submit the ordinance to the voters like any other amendment. 30 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/14/2019 The Home Rule Charter City Chapter 4 | Page 18 3. Elections Mi nn. Stat. § 410.10. Minn. Stat. § 410.12, subd. 4. Minn. Stat. § 410.121. See Section V-B – Election. The election concerning proposed amendments and the arrangement of the ballot are substantially the same as in the case of the adoption of a new charter. An amendment needs the favorable vote of 51 percent of those voting on the question. 4. Notice Minn. Stat. § 410.12. Minn. Stat. § 410.11. Amendments, like charters, need the clerk’s certification. Copies must be filed in the offices of the secretary of state and county recorder, as well as in the clerk’s office. Amendments take effect either at the end of 30 days after the election, or at some other time if the amendment so specifies. The law also allows for alternative proposals. LMC Charter Assistance Program. The League of Minnesota Cities Charter Assistance Program would appreciate a copy in order to keep the LMC charter collection up to date. State and local libraries and the Minnesota Historical Society are also suggested recipients. A city may also want to consider posting charter amendments to its website to keep the online charter up to date. D. New or revised charters Any city having a home rule charter may adopt a new or revised charter in the same manner as an original charter. If a new or completely revised charter is to go to the voters, the preparation of the ballot and other procedures are substantially the same as for the original charter. E. Abandoning a home rule charter Minn. Const. art. XII, § 5. Minn. Stat. § 410.30. Any home rule city may abandon its charter and become a statutory city. Since the state was formed, only three cities—Jordan, Isanti, and Sauk Centre, all since 1989—have abandoned their charter form of government. These three cities are now Plan A statutory cities. A city may abandon its charter by presenting a proposal, adopting it, and having it become effective in the same manner as a charter amendment. Accordingly, abandonment would require the approval of 51 percent of those voting on the question. Minn. Stat. § 410.30. The proposal must include a schedule containing necessary provisions for transition to the statutory city form of government in order to place the city on a regular election schedule as soon as practicable. The proposal may provide for continuation of specified provisions of the home rule charter for an interim period, and must specify the plan under which the city will operate as a statutory city. 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Recreation – 2020 Proposed Budget Questions 1. What is your vision for Recreation for 2020 and a 5-year plan? 2. 2021 is our 100-year celebration of our charter, is there anything you would like to emphasize at that time? Anything you can come up with that would help in the celebration? 3. What are your plans for updating Murzyn Hall? There was a $2 - $2.5 Million put out there as projected project cost, what will that buy? 4. Page 5 – Working with the Lions, a fireworks fundraiser would be an incentive to get the community involved in our Jamboree Festival. Can we get a cooperation with Rotary, HeightsNext, Kiwanis, VFW, Sister City, Araha, Turkish American Society, etc…along with local businesses to fundraise for our Jamboree Fireworks? Maybe offer a free place in the parade for a certain donation amount? Or offer free admission into the carnival for a certain donation? Or a free upgrade on ad space in the Jamboree Booklet? Or work with Heights Theatre for a fundraising movie show? 5. Page 6 – We need to encourage our Booster partnership. What can we do to encourage additional programs for younger age youth, something that isn’t available in the school district? 6. Page 7 – line item 4330 – subscription membership – this year’s is running 3x over budgeted amount of $500. What is causing that and does this need adjusted? 7. Page 13 – 14 – Line Item 4378 – Special Events – Nothing was used this year, so far and you have Halloween Spooktacular listed for $125. Shouldn’t it be Truck or Treat? Don’t think we really need two events for Halloween. 8. Page 16 – Line Item 4330 – Subscription, Membership – 2018 it was almost double 2019 budget and it looks like the actual for 2019 is running closer to the 2018 total. Shouldn’t those numbers be adjusted to reflect it? 9. Page 25 – Line Item 4020 – What Building Maintenance/Contracted Service was done in 2019? (It’s already over budget for this year.) Also what items are planned for next year? 10. Hylander Center – Page 29 – What additional tournaments are you looking at getting and how are you promoting the gym space to gain additional users? Are you referring to renting it out to private groups or holding events there? 11. Page 30 – Line Item 4020 – Building Maintenance Hylander Center – Is this for the annual floor? 12. Page 30 – Line Item 2010 – Fitness Equipment – have we looked into getting donations from fitness clubs around the area? 13. Page 38 – Line Item 4999 – You have listed a Ford Passenger Transport estimated cost of $45,000. Are you carrying over the $65,000 budgeted for 2019 to 2020? 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 INTEGRETITY PRIDE HONOR EXCELLENCE DUTY City of Columbia Heights | Fire Department 825 41st Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-8150 Email: fire@columbaiheightsmn.gov ▪ www.columbiaheightsmn.gov 20191007 CHFD Budget Review 2020 Proposed Budget Personnel • The Fire budget does contain a very noticeable 22% increase over the 2019 budget. The majority of these changes are recommendations from the staffing study. o The addition of two full-time weekday staff members. • The percentage of time and wages devoted to Property Inspections is updated to reflect the addition of the two daytime staff positions and other changes in staff time allocations. • Personal Services also contains an increase to minimum wage for the Paid-On-Call Firefighters, which affects the shift coverage, training and fire response line items by approximately 30% with no change in terms of staff time work hours dedicated to each line item. Supplies • Line items 2010 Minor Equipment, 2011 Computer Equipment, 2020 Computer supplies, line item 2170 General Supplies and 2282 Gas, Oil, Lubricants have all increased to accommodate the effects of adding additional staffing in 2020. Line item 2173 Protective Clothing was increased to accommodate the anticipated increase in Paid-on-Call staffing level. Other Services & Charges • Line Item 3050 Expert and Professional Services was increased due to the anticipation of additional paid- on-Call hiring. The psychological testing is $500.00 per candidate. • Line Item 3105 Increased $500.00 for additional department training needs. • Line Item 3210 Telephone and Telegraph and Line Item 3211 Cell Phones have increased to accommodate the additional staffing in 2020. • Line Item 3310 and 3311 Travel Expenses have increased to accommodate outside training opportunities. Line Items 4410 and 4411 have increased to cover increased cost of the Public Safety building maintenance costs. • Line Item 4040 Information Systems Internal Services will increase due to the proposed staffing increase and additional use of the Information Systems department. • Total increases in the Other Services & Charges are proposed to be $7,350.00 in 2020. Page | 2 Capital Equipment • The Fire Department budgeted $5000.00 for additional 800 MHZ radios to accommodate the additional staffing in 2020. • The Fire Department also budgeted $5,000.00 for add on telemetry equipment for the new air packs that will assist in monitoring the SCBA’s and personal at fire scenes. • The Fire Department budgeted $25,000.00 to assist in the joint purchase of a drone this is proposed to be purchased with the Police Department. There are several scenarios that would allow us additional information that we just would not easily be able to obtain from the ground. Some examples are aerial views of structure type fires in both residential settings and also in commercial or high density housing settings. This drone could be used during search and rescue events and also, disaster assessments after any type of low frequency high hazard event. Vehicles Currently, there are no vehicles scheduled for replacement in the 2020 budget cycle, it has been brought to the Fire Chief’s attention that the current 2011 Chevrolet suburban that was previously used for daily inspections and first out response to medicals has an engine problem. The City shop recommends that we look at replacing this vehicle versus replacing the engine. This vehicle is already on its second engine since its purchase in 2012 and should be replaced. I recommend the replacement of this vehicle in the 2020 budget year and ask that the Fire Capital Equipment line item be adjusted to reflect this. For considerations for 2021 and beyond please refer to the 5 year vision of the Fire Department: Proposed Budget Reductions: Any significant reduction in the 2020 Fire and/or PMC budgets would need to come from Personnel Services. A 1% or more reduction request in the fire department budget would require us to reduce the current fulltime staffing or eliminate the proposed staffing for the 2020 budget year. There is little flexibility in any other line items or combination of line items to accommodate any significant cut(s). INTEGRETITY PRIDE HONOR EXCELLENCE DUTY City of Columbia Heights | Fire Department 825 41st Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-8150 Email: fire@columbaiheightsmn.gov ▪ www.columbiaheightsmn.gov 20191007 CHFD Five Year Vision Five Year Vision: Staffing, Remodeling, Equipment Building Needs for Fire - Carpeting The Public Safety building is over 10 years of age. Throughout the building there are several significant areas of wear in the original carpeting that requires consideration for replacement in the next few years. The carpeting in the fire department office area and the day room shows significant signs of discoloration and wear warranting strong consideration for replacement in the 2021 or 2022 budget. Day Room Appliances The appliances installed at the time the building was constructed are showing age and are becoming maintenance problems. My recommendation is the consideration of replacement of the refrigerator, stove and microwave in the day room of the fire department by the 2022 budget cycle before the expense of maintenance exceeds the replacement expense. Air Compressor (SCBA) The (SCBA) “Self-Contained Breathing Apparatus” air compressor is currently 16 year of age. This compressor should be replaced at the 20 year life span. This air compressor is critical to the safety of our firefighters because it filters and compresses the outside air to fill the air bottles our firefighters wear while in fires and other (IDLH) Immediately Dangerous to Life and Health atmospheres. This compressor reaches its life expectancy soon and consideration for replacement in the 2023 budget year. Emergency Operations Center (EOC) The Emergency Operations Center is in need of some technology updates. The current overhead projector is displays onto a smart board and is difficult for people in the room to see. The projector, when used for training, lacks clarity and is dull. Additionally, the use of this room in large scale emergency situations limits how we the room may be used given the current limited technology. The replacement of the projectors and additional viewing screens in conjunction with some simple modifications to the way the room is currently laid out will enhance the city’s ability to manage the EOC and conduct training. The following are a few of my suggestions. • Remove all existing items to include the current podium that houses all the A/V equipment. • Place all the A/V equipment in the LAN room or house this equipment in a corner. Place this equipment in a designed cabinet that removes it from the current location and will allow for remote access to the A/V equipment. Page | 2 • Install a remote site to operate all the A/V equipment. Have the remote located in an area of the room that makes sense. Have access to this equipment password protected. • Install two 80” or 90” LED monitors on the front wall of the EOC. One to the right and one to the left of the room at a location that centers them with the center projection screen. • Remove the current smart board and place it at a location to the side of the room. Make this board available to use if the EOC is activated and use it for the Planning Section Chief. • Replace the current projector with a High Definition projector. • Install a High Definition screen designed for use with the new projector. I believe this project is a good candidate for a phased implementation. I think it’s prudent to get an estimate for this project and see where this number lands. I would like to work with the Police Chief to put together a detailed list of items and cost and then make recommendations for the project in the future. Staffing The current Paid-on-Call roster for the department is 17 firefighters. It is my intention, and the staffing study’s recommendation, to maximize the department’s paid-on-call staffing model and boost the roster to the maximum staffing level of 30 firefighters. Recruitment and retention in the Midwest has been the hot topic of conversation in the fire service for many years. In 2006, the Commissioner of Public Safety created a Recruitment and Retention Task force which released a final report based on a State wide study which took place two years earlier. I have found success in my recruitment and retention practices for the past several years in following the recommendations of the study and final report. The items that stand out to me after reading this report are the following; • Fire Departments that are managed and run like professional operations experience much less turnover and find success in hiring new candidates. In particular the importance of hiring standards, physiological evaluations and a strong interview and testing program and adopting this as an ongoing strategy has proven successful. • A strong Management, (Chain of Command) that allows the officers and fire department member’s flexibility to make decisions. This practice has ultimately allowed the internal staff ownership of the Fire Department which has proven to be vital in retention efforts. • Professional up to date equipment and facilities. Maintaining buildings and equipment at high levels. • Professionally looking staff. • Strong mutual aid and auto aid programs. • Onsight training opportunities and advanced training opportunities such as Fire Investigation, Specialty Rescue, Public Fire Education programs. • Programs such as the Fire Explorer program in place will draw from the younger crowds earlier setting the interest in the younger age groups. In essence, to ensure the department’s future success, we have a multitude of items that require our attention and focus over next few years. I believe that the foundation for our success is built on solid policies and procedures, consistency and fairness in the fire department management structure, and a Page | 3 solid chain of command that sets clear, concise expectations of everyone…no smoke, no haze! I can assure you that accomplishing these tasks will turn our good department into a great department, the likes of which we have not seen before. Vehicles The Department’s second out engine for structure fire response is currently Engine 2, a 1996 General Safety pumper. The engine is equipped with a 1500 GPM pump. Analysis of Metro area fire departments reveals a wide age range for the replacement of fire engines. Currently, Engine 2 is scheduled for replacement at approximately 30 years of service. In my experience, this is approximately 10 years longer than I can recommend for the replacement of a conventional fire engine. In keeping an engine past 20 years of service life, we lose the reliability of the apparatus as well as important technological updates present in newer fire apparatus. Fire apparatus are not built like they once were. I propose the replacement of Engine 2 in the 2021 budget year process. Once replaced, I would recommend keeping the current Engine 2 in service as a dedicated reserve engine for a transition period. This ensures the reward of all the points possible for the next ISO inspection as well as having a highly reliable in-service fire apparatus. Joint Police/Fire Command Vehicle The Police Department and Fire Department would like to collaborate on the future purchase of a multi- mission vehicle. The vehicle’s main function would be for incident command but additional uses are worthy of research and presentation to the Council in upcoming discussions. Fire 2020 Budget 1. Page 2 – Objectives – Recruitment and Retention strategies – how is this coming? Where does the Explorer Program fall in this strategy? 2. Page 2 – Objectives – Engage Community Fun & Education – any ideas? 3. Page 8 – Comments – 82% of the Property Inspections budget is now funded by fees. As with the inspection department in Community Development, we need to get across to the public that these inspections fees are paying for the inspections. This is not a source of money going into the general fund as some are trying to say. This information needs to be available to the council so we can answer this accurately when people ask where is all that money going to. 4. Page 15 Objectives – Inventory all department equipment – These are some of the things I was looking for in a five year vision! Have you come up with a potential plan? 5. Page 17 – How many firefighters will be trained in the use of the Drone? 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Columbia Heights Police Department 825 41st Ave NE Columbia Heights, MN 55421 (763) 706-8100 f: (763) 706-8126 www.chpolice.com Police Department 2020 Budget Review Personnel • The major changes to Personnel are recommendations from the staffing study: o The request to add a 28th officer, o And the addition of a Lead Records Tech which was approved by the City Council mid-year 2019. • 2020 salary amounts were calculated based on negotiated contracts plus expected movement through salary and longevity steps. • Line item 1020 Overtime was increased $20,000 to bring it more in line with actual costs. • During 2019, the number of part-time CSOs was increased from five to seven, while maintaining the same number of hours. This increase has given us the flexibility for scheduling especially since two of our PT CSOs will be out of the city attending college and will be working very limited hours. o The Police Department continues to recruit its part-time Community Service Officers with an eye toward considering them as potential future police officers. • The PD will be working with HR to conduct a market rate analysis on the Captains position which may impact the salary range in the future. Supplies • Line item 2172 Uniforms is up slightly from the 2019 budgeted amount because of the increase in the number of personnel. Other Services and Charges • Line 3050 Expert and Professional Services: o Alexandra House payment in the amount of $5,000 for victim services previously subsidized by outside grants. o Anoka County shared costs for the PSDS system shows an increase of $3,000 over 2019. o $1,000 was added for services to cop-competent licensed therapists related to officer wellness. o $6,000 was added to cover the costs of a Property Room Audit: Best practice, and a recommendation of the League of MN Cities External Property Room audits will be conducted in the off-years of the state- required BWC audits. • Line item 3105 Training and Educational Activities sees an increase of $5,000 to cover a captain’s attendance at the Northwestern Staff and Command school. This is important developmental training for police administrators and we will continue to include funding in future budgets to cover training for both captains and sergeants. • Line item 3211 Cell Phones is up $5,000 over 2019 to reflect the additional cell phones lines which were added to enable us to provide each officer with a cell phone. This was a recommendation of the staffing study and is also best practice in supporting the requirement that officers not use their personal devices for work related matters. • Line item 4100 Rents and Leases: We will be in year three of a five year agreement with Axon for Taser body worn cameras and storage. This amount is $19,700. 2020 Budget review notes Page 2 Capital Equipment • Since the Police Department’s proposed budget was completed in early June, we have learned that the price of the Ford Explorer vehicles has gone up considerably from past purchases. o This is due to a complete change of the Ford Explorer squad platform which includes hybrid engine technology as well as additional options for officer and driver safety. o The cost estimates submitted for the budget were in line with the vehicle pricing we received in June for this year’s purchases. • We are budgeting $47,200 to purchase drone equipment and conduct the initial training requirements. The drone will be housed in Public Safety and be used for suspect searches, surveillance, search and rescue, fire scene overview, disaster assessment, and accident/crime scene mapping. o The drone will also be used by other city departments for city videography, building and tower inspection, lot and park inspections and forestry management. o Fire Department and Public Works personnel will also be included in the original training. Considerations for 2021 and beyond • 29th Officer: Per the recommendation of the staffing study (estimated cost $122,000 wage/fringe). • 2nd Full Time Community Service Officer: per the recommendation of the staffing study (estimated cost $76,000 wage/fringe). • PSDS System: When the PSDS was implemented, Tri-Tech advised that a number of dedicated staff personnel would be required in order to manage the system effectively. There are currently three people working in these roles in Anoka County; a PSDS Manager, an Administrator in Police, and an Administrator in Fire. The efficient operation of the system may require additional positions to be added in the future, and the cost of those positions would be added to the annual fee we pay to use the system. o It is anticipated that there will be additional unforeseen costs as this system continues to evolve as a useful tool for Anoka County Public Safety agencies. • Building Update: 2020 marks our eleventh year in the Public Safety Building, which requires us to consider maintenance updates, to include tile, carpeting, office re-dedication, and other items. • Training: Police Departments today must meet a wide variety of challenges that continue to change regularly. The skills and knowledge required to effectively deal with these challenges requires a high level of education as well as extensive and ongoing training in a variety of disciplines. We will continue to review training needs of our staff and continue to ensure that our staff is properly trained to assure that we are fulfilling our mission of public safety and crime reduction. It may be necessary to review the training budget in order to accomplish the additional training. • Electronic Control Device (Taser) replacement. The department’s Tasers are approaching end of life and will be due for replacement within the next couple of years. Approximate replacement cost will be $100,000. o When this replacement is due, it may be worth considering renegotiating the current body Worn Camera (BWC) and digital storage contract to entertain the possibility of an all-inclusive contract to include Tasers, BWCs, and digital storage. Columbia Heights Police Department Five Year Vision: Staffing, Remodeling, Equipment Building Security Review for Public Safety Building (and potentially other buildings) Employee security upgrades Over the past several years places of employment have reviewed their security plans and have made changes to enhance employee security. Recommendation: assess security of all municipal buildings and determine what improvements, if any, should be made to enhance employee and customer security. Consider using a consulting firm to assist with this analysis. Upgrade/Remodel to Emergency Operations Center/Training Room The EOC should be assessed for functionality and determine what upgrades are needed to be prepared in the event the EOC needs to be utilized. Remodel to Police Offices Repurpose Sergeant offices to Captain offices to provide privacy and conference space for Captains There have been several times where, due to the location and layout of current captain offices, privacy has been a concern. The police department will be looking at a plan to repurpose the two existing sergeant offices to captain offices. The sergeants would be relocated into individual offices. Carpeting The PSB is moving into its eleventh year of operation and with that, several things are starting to show wear, to include carpeting. Police and Fire departments will be looking at replacing carpet throughout the PSB. Cabinetry Repair/Update Duty Bag Cubbies, Armory, Kitchen Some of the cabinetry in these areas is starting to show wear and is in disrepair. The PD will be looking at remodeling of cabinets in these areas. Parking Garage Electrical upgrade Several years ago, the PD installed charging stations for all squads due to battery issues with the squad cars. These charging stations in the garage should be remounted. Ramsdell Room technology upgrade The technology in the Ramsdell Room will be looked at to determine what technology upgrades should be done so that it continues to be used as efficiently and as often as possible. Five Year Vision – 2020 and Beyond Page 2 Staffing Recruitment and retention Training (development) Equipment demands As mentioned in the staffing study, the CHPD will be moving forward with recommendations laid out in the staffing study. In 2020, the CHPD will be requesting a budget increase to fund a 28th officer and a lead records technician. In 2021, the CHPD will be requesting a budget increase to fund a 29th officer and an additional full time Community Service Officer. With the increase in staffing, there will also be increases in costs to equip and outfit the additional staff, mainly in areas such as uniforms, and technology (radios, body worn cameras, etc.). Continue to research and implement technology based on best practices E.g. Body Worn Cameras, Tasers Ensuring that police staff are sufficiently equipped is part of our annual strategic plan. We have been fortunate to have the support in this area because it has made a positive impact in the department’s ability to address crime issues and increase public safety. The police department continues to review and research technology to ensure that it is utilizing technology as efficiently as possible and within budgetary boundaries. Continue to research and implement training based on best practices Training needs of younger officers Leadership development Ensuring that police staff is properly trained is part of the department’s annual strategic plan. Police departments today must meet a wide variety of challenges that continue to change regularly. The skills and knowledge required to effectively deal with these challenges requires a high level of education as well as extensive and ongoing training in a variety of disciplines. We will continue to review training needs of our staff and continue to ensure that our staff is properly trained to assure that we are fulfilling our mission of public safety and crime reduction. It may be necessary to review the training budget in order to accomplish this additional training. Vehicles Review fleet to accommodate 29 officers and 2 full-time CSOs If department staff increases, instead of annually rotating two older vehicles out of its fleet, will only rotate one out of its fleet to accommodate the additional staff. Joint Police/Fire command vehicle Wellness and Safety The wellness and safety of law enforcement officers is critical not only to themselves, their colleagues, and their agencies but also to public safety (President’s Task Force on 21st Century Policing). The CHPD will continue to review wellness initiatives as well as emerging trends and advances in safety protocols and procedures. Police 2020 Proposed Budget 1. Towing Contract? 2. Page 7 – First Line - $2,500 - Car wash agreement? Who is this with? 3. Reserves? What is the status of our reserves? How many and are we recruiting new members? 4. Page 4 – Line Item 2173 Protective Clothing - $8400 – How are we doing in getting ballistic vests that fit female as well as male? Do we have enough for CSO’s? 5. Page 5 – Line Item 3830 – Gas – Significant increase from 2019 but closer to what 2018 was. Do we have an estimate of what it would have been without the geothermal? 6. With the purchase of two plug – in vehicles, where are the chargers going to be located and cost? 7. Page 5 – Line Item 3120 Educational Reimbursement – We haven’t had anything in this line item for several years and in 2019 we’ve reimbursed $2685? What was this for and why since it wasn’t a budgeted line item. 8. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 1 Administration – 2020 1. Page 2 – Comments – Supplies increased – Why do we have the special events under Mayor- Council budget? It would make more sense to keep it under Event Coordinator. That would make it easier to keep track of how much is spent on each event and hopefully eliminate duplications of expenses. On Page 3 it is just listed as General Supplies – Line 2171, that’s a very vague category. Move it all to the City Manager and add it to the costs on page 7 – Line 2171 General Supplies. I do think this should be a separate, new item rather than General Supplies. Then in the detailed description, give each event a suggested spending limit. 2. Page 5 – Other Services & Charges – Why is the city council budgeting $600 every year for clock maintenance? This is like a city sign – who maintains our city signs or the Obelisk at Huset Park? That should be who maintains this, not the city council. 3. Page 10 – City Clerk – Appreciate Nicole’s ability to help out with some of the power point presentations that outside groups have brought in. She’s been very helpful with Sister City Group and some of the other presentations that we have had recently. This helps our city presentations and frees up Ben and IS for other things. I do have concern with Item 4 under Objectives – City’s record retention policy, maintain & destroy records in accordance with the schedule. Whatever schedule we have had in the past is now thrown out the window because we now have an 18 month deadline for moving into a new facility. We also have a 100 year celebration coming up where we will need some old records, pictures, etc. for sharing our history. Nicole will not be able to do this all by herself. Let’s think about recruiting some volunteers to help with sorting, putting an employee in charge so that there is some sense to what is kept. Maybe this is already being handled by the 100 year celebration committee but also let’s take a tip from the library and see if there could be a way to utilize some of their historians. This may be a good time to look around our town to see if there’s a possible building that could be turned into a history center. Is there a historical building that could be on the market that we maybe should be looking into? This would need to be controlled under a historical foundation but we should be on the lookout for something that may work so it doesn’t get lost to demolition. 4. Page 10 –Comments – Regarding the 3 elections, If the SOS reimburses us for the Presidential Primary, where will that reimbursement show up? 5. Page 13 – General Comments – Change all references for Sun Focus to Life(Sun Focus), otherwise it will become confusing in the following years. 6. Page 13 – First line – City Clerk – 2020 Proposed – numbers don’t look right for Salaries and Fringe. 7. Page 17-19 – Legal Services – I think we need to evaluate our fees, (I could only look up 2019 fees) New Brighton is only listing $130,000, New Hope - $35,000 (Maybe Aaron could explain this one), Golden Valley $183,340 but that includes PERA and Insurance, Crystal $68,000. I was able to find St. Anthony divides theirs out between, General-$31,125, Civil- $40,000 and Prosecutor - $42,000. With some of St. Anthony’s major news worthy lawsuits that they have 2 had, their highest year was in 2014 - $162,000 total. Ours is listed as $55,500 Civil and Prosecution $120,000, Other - $5,500, and Liability/Property $200 (For 2020) Total - $181,200 8. Page 20 – Cable Television – Comments - $20,000 for a community survey, let’s plan on a survey another year. Didn’t the school district just do one? Let’s take a look at their results and see if some of their changes would work for us, without spending $20,000 for a survey. If that doesn’t work, then go back and evaluate this again next year. 9. Page 21 – Line Item 1011 – We have budgeted a part-time employee at $5,100. Let’s utilize part time, lower salaried, employees and have them help with some of the cleaning out of cable related files, tapes, etc that need cleaned out. There may be some other employees that work part-time that we could utilize for this. Let’s try to use those that won’t necessarily meet their annual hours for this special project. There may be some summer employees that could be called back to help with projects before we move into our new facility and for special projects coming up related to the 2021 anniversary. 10. Page 22 – Line Item 7100, 7210, 7390, and 8100 – Transferring of cable funds to other uses. Has this been verified that we are able to do this? 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Community Development 1. How does the temporary loss of two personnel going to change the budget for salaries for the upcoming year? 2. I understand an Intern Position could be more work than a temp for filling in. But are there any part-time employees that we could share with another department for a couple hours a week to help out during this time in addition to a temp? 3. Page 11 – Comments - $25,000 – maintenance of two parking ramps. Shouldn’t this total be adjusted since we will be removing one? 4. Page 15 – Other Financing Uses - Totals – (Needs to remove the words “Downtown Parking”) – That doesn’t seem to be the appropriate description for this. 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 Liquor – 2020 1. Page 2 – Objectives – Where are the Branded Uniforms listed in the budget? 2. Page 18 – Comments – $15,000 increased annual principal payments on bonds, Could you or Joe give us an update on how these are being paid off with these changes? Include with that the savings over the remaining years.