CHAPTER 2
Form of Government
Section 2.01. FORM OF GOVERNMENT. The form of government established by this Charter is the Mayor-Council plan. The council, consisting of the mayor and four council members elected at large, shall exercise the legislative power of the City and determine all matters of policy.
Section 2.02. BOARDS AND COMMISSIONS. The council may establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the City or to perform quasi-judicial functions. The mayor and council shall determine which board or commission shall have a council representative.
Section 2.03. DUTIES AND POWERS. The council shall determine and assign the duties of the several City departments and appointed boards and commissions subject to provisions herein and shall prescribe the powers and duties of appointive officers and employees.
Section 2.04. ELECTIVE OFFICERS. The elective officers of the City shall be registered voters of the City and shall consist of a mayor who shall serve for two years and four council members elected at large who shall serve for four years. The term of office of each elective officer shall begin the first Monday in January following the city election and qualification of such elective officer and shall continue until a successor is elected and qualified. If the first Monday is a holiday, the term of office shall then begin the first Tuesday in January.
(Ord. 16-755, passed 3-8-2016)
Section 2.05. APPOINTIVE OFFICER. The appointive officer of the City, not including members of boards or commissions established herein or by ordinance, shall be appointed by majority vote of the council, and shall consist of a city administrator.
(14-728, passed 6-10-2014)
Section 2.06. MAYOR AND MAYOR PRO TEM. The mayor shall be the presiding officer of the council. At its first regular meeting in January after each City election, the council shall choose a mayor pro tem who shall serve as presiding officer in the mayor’s absence and as acting mayor in case of the mayor’s disability or absence from the City, or in case of a vacancy in the office of mayor. The mayor shall have a vote as a member of the council. The mayor pro tem shall exercise all powers and perform all duties conferred and imposed upon the mayor by this Charter, the ordinances of the City and laws of the State of Minnesota.
The mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purposes of serving civil process, and by the governor for the purposes of martial law. The mayor shall study the operations of the City government and shall report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the mayor may, with the consent of the council, take command of the police, maintain order and enforce the law.
Section 2.07. INCOMPATIBLE OFFICES. No elective officer shall hold any other paid municipal office or employment for the City, and no former elective officer shall be appointed to any paid appointive office or employment for the City which office or employment was created or the compensation for which was increased during such elective officer’s term of office, within one year of leaving such elective office.
Section 2.08. SALARIES. The salaries of the elective officers shall be established by M.S. § 415.11, as such statute may be amended from time to time. The council shall establish the salary of the city administrator.
Section 2.09. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of expiration of the term of any elective officer without an elected successor, the failure of any elective officer to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the City, continuous absence from the City of more than three months, conviction of a felony of any such elective officer whether before or after such qualification, or by reason of the failure of any elective officer without good cause to perform any of the duties of membership in the council for a period of three months. In each such case the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same. In the case of a tie vote in the council, the mayor shall make the appointment. In the event the unexpired term of the vacant seat is one year or less, such appointee shall complete the unexpired term.
In the event the unexpired term of the vacant seat exceeds one year, a special election shall be held on the earliest date permitted under Minnesota law to fill the remainder of the vacancy. The city administrator shall give published notice of such special election in the official newspaper of general circulation, at least 30 days prior to said special election.
(Ord. 18-781, passed 3-27-2018)
Section 2.10. INVESTIGATION OF CITY AFFAIRS. The council and any person formally authorized by the council shall have power to make investigations into the City’s affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers. The council may at any time provide for an examination or audit of any commission, board, department or employee of the City government and it may cause to be made any survey or research study of any subject of municipal concern.
Section 2.11. INTERFERENCE WITH ADMINISTRATION. Neither the council nor any of its members shall dictate the appointment or removal of any City employee, but the council may express its views and freely discuss with the city administrator anything pertaining to appointment and removal of City employees. Except for the purpose of inquiry and investigation under Section 2.10, the council and its members shall deal with and control City employees under the jurisdiction of the city administrator solely through the city administrator, and neither the council nor any council member shall give orders to any City employee either publicly or privately.