2.04: ADMINISTRATION:
   A.   Accounts, Claims Or Demands: All accounts, claims and demands shall be processed and paid pursuant to Minnesota statutes section 471.425, as amended from time to time.
   B.   Authorizing, Ratifying And Confirming Resolutions Providing For Payment Of Liabilities And Making Local Improvements: Pursuant to provision of section 3.03 of the city charter, the city council may by resolution provide for the payment of liabilities, the making and assessing of local improvements, issuance of bonds, and other matters relating to a specific municipal act and not of general application. Any resolutions heretofore adopted for these purposes since March 1, 1974, are hereby ratified and confirmed.
   C.   Background Checks On Municipal Employees, Appointees, Licensees And Contractors:
      1.   Applicants For Employment And Volunteers: The purpose and intent of this subsection is to establish regulations that will allow law enforcement access to the Minnesota computerized criminal history information for specified noncriminal purposes of employment background checks for the positions of all regular part time or full time employees of the city of Little Falls.
         a.   Criminal History Employment Background Investigations: The city's police department is hereby the exclusive entity within the city to do a criminal history background investigation on the applicants for all regular part time or full time employees of the city, unless the city's hiring authority concludes that a background investigation is not needed.
In conducting the criminal history background investigation in order to screen employment applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehensions computerized criminal history information system in accordance with the bureau of criminal apprehension policy. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the police chief or their designee. A summary of the results of the computerized criminal history data may be released by the police department to the city council, city administrator or other staff involved in the hiring process.
Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statute 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota statutes 364.09, the city will not reject any applicant for employment on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment sought and the conviction is a felony, gross misdemeanor, or misdemeanor. If the city rejects the applicant on this basis, the city shall notify the applicant in writing of the following:
            (1)   The grounds and reasons for the denial; and
            (2)   The applicant complaint and grievance procedure set forth in Minnesota statute section 364.06 as amended; and
            (3)   The earliest date the applicant may reapply for employment; and
            (4)   That all competent evidence of rehabilitation will be considered upon reapplication.
      2.   Applicants For City Licenses: The purpose and intent of this subsection is to establish regulations and will allow law enforcement access to Minnesota's computerized criminal history information for specified noncriminal purposes of licensing background checks.
         a.   Criminal History License Background Investigations: The city's police department is hereby the exclusive entity within the city, to do a criminal history background investigation on the applicants for all licenses issued by the city of Little Falls.
In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehension's computerized criminal history information system in accordance with the bureau of criminal apprehension's policy. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the police chief or their designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, city administrator or other city staff involved with the license approval process.
Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statute chapter 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota statutes 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor. If the city rejects the applicant on this basis, the city shall notify the applicant in writing of the following:
            (1)   The grounds and reasons for the denial; and
            (2)   The applicant complaint and grievance procedure set forth in Minnesota statute section 364.06 as amended; and
            (3)   The earliest date the applicant may reapply for license; and
            (4)   That all competent evidence of rehabilitation will be considered upon reapplication.
   D.   Bonds Of City Employees: All city employees shall be covered by a blanket fidelity bond in the penal sum of at least five thousand dollars ($5,000.00); provided, that the city administrator and all other employees handling actual funds of the city, shall be bonded in the penal sum of at least twenty five thousand dollars ($25,000.00).
   E.   City Seal: All contracts to which the city is a party, in addition to being signed by the president of the city council and the city administrator, shall be sealed with the city seal. Said seal shall be kept in the custody of the city administrator and affixed by this person. The official city seal shall be a circular disk having engraved thereupon "The City of Little Falls" and such other words, figures or emblems as the city council may, by resolution, designate.
   F.   Contracts, Purchases And Rentals By The City: All contracts, purchases and rentals, except a contract for local improvements made pursuant to Minnesota statutes 429.041 or a contract made pursuant to the provisions of any other statute having provisions inconsistent herewith, shall be made pursuant to the uniform municipal contracting law, Minnesota statutes section 471.345. The city shall not enter into any contract for the doing of any public work before receiving from all other contracting parties acceptable evidence of compliance with the workers' compensation requirements of Minnesota law.
   G.   Deferral Of Special Assessment: The city council may defer the payment of any special assessment where the following conditions are met:
      1.   The applicant must apply for the deferment not later than ninety (90) days after the assessment is adopted by the city council.
      2.   The applicant must be sixty five (65) years of age or older, or retired by virtue of permanent and total disability.
      3.   The applicant is a member of the Minnesota national guard or other military reserves who is ordered into active military service, as defined in section 190.05, subdivision 5b or 5c as amended from time to time, as stated in the applicant's military orders, for whom it would be a hardship to make the payments.
      4.   The applicant must be the owner of the property.
      5.   The applicant must occupy the property as their principal place of residence.
      6.   The applicant's income from all sources shall not exceed the low income limit as established by the department of housing and urban development as used in determining the eligibility for section VIII housing.
The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, it shall be the duty of the applicant to notify the city administrator of any change in their status that would affect eligibility for deferment.
The entire amount of deferred special assessment shall be due within sixty (60) days after loss of eligibility by the applicant. If the special assessment is not paid within sixty (60) days, the city administrator shall assess the balance thereafter paid according to the terms and conditions of the original special assessment.
The option to defer the payment of special assessment shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following:
         a.   The death of the owner when there is no spouse who is eligible for deferment.
         b.   The sale, transfer or subdivision of all or any part of the property.
         c.   Loss of homestead status on the property.
         d.   Determination by the city council for any reason that there would be no hardship to require immediate or partial payment.
   H.   Deferment Of Special Assessment, Agricultural Land:
      1.   The city council may defer the payment of any special assessment on agricultural land if the requirements of subsection H3 of this section are met and if the property:
         a.   Is subject to the special assessment, is unplatted property consisting of five (5) acres or more, or a nursery qualifying for classification as Minnesota statutes 273.13, subdivision 23, a or b, and either:
            (1)   Is the homestead of the owner or of a surviving spouse, child or sibling of the owner, or is real estate which is farmed with the real estate which contains the homestead property; or
            (2)   Has been in the possession of the applicant, applicant's spouse, parent or sibling, or any combination thereof for at least seven (7) years prior to the date the assessment was levied; or
            (3)   Is the homestead of a shareholder in a family farm corporation as defined in Minnesota statutes section 500.24, as amended from time to time, notwithstanding the fact that legal title to the real estate may be held in the name of the family farm corporation; or
            (4)   Is in the possession of a nursery or greenhouse, or an entity owned by a proprietor, partnership or corporation which also owns the nursery or greenhouse operations on the parcel or parcels.
      2.   The applicant must file an application for deferment on forms provided by the city administrator. The city council may consider all the facts surrounding the application and the special assessment in determining whether to grant a deferment.
      3.   Any deferment granted under this subsection shall end at the earlier of such time as specified in the deferment, or such time as the property no longer meets the requirement of this subsection, the entire amount of the deferred special assessment shall become due within sixty (60) days. If the special assessment is not paid within sixty (60) days, the city administrator shall assess the balance according to the terms and conditions of the original assessment.
   I.   Disposal Of Excess Property:
      1.   Property Declared Surplus: The city administrator may, from time to time, recommend to the city council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold or exchanged. By action of the city council, said property shall be declared surplus, the city administrator is authorized to dispose of said property in the manner stated herein and directed by the city council.
      2.   Property Value Less Than One Thousand Dollars: The city administrator may sell surplus property with a total value of less than one thousand dollars ($1,000.00) through negotiated sale or exchange.
      3.   Property Value Over One Thousand Dollars: The city administrator shall offer for public sale, to the highest bidder, or sell at public auction to the highest bidder, as directed by the city council, surplus property with a total estimated value over one thousand dollars ($1,000.00). Notice of such public sale or public auction shall be given stating the time, place and terms of sale or auction, and generally describing the property to be sold or auctioned at least ten (10) days prior to the date of sale or auction by publication once in the official newspaper.
      4.   Receipts From Sale: All receipts from sales of surplus property under this subsection shall be placed in the general fund unless otherwise designated by the city council.
      5.   Persons Who May Not Purchase; Exception:
         a.   No employee of the city who is a member of the administrative staff, department head, an advisor serving the city in a professional capacity, or a city council member may be a purchaser of property under this subsection. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given.
         b.   It is unlawful for any person to be a purchaser of property under this subsection if such purchase is prohibited by the terms of this subsection.
   J.   Employee Response Time: The city council recognizes its duty to, insofar as possible, protect the health, safety and welfare of the residents of the city and their property. In order to fulfill this responsibility, it may be necessary, in times of individual need or widespread disaster giving rise to an emergency, to recall city employees. Thus, this section is adopted to require employee response time to meet such needs.
      1.   Employee Classifications:
         a.   Class I employees shall be the following: city administrator, public works director/engineer, the chiefs of the police department and fire department and all law enforcement officers and firefighters, the superintendent(s) and assistant superintendent(s) of the utility department, and the superintendent(s), street foreman and heavy equipment operators of the street department.
         b.   Class II employees are all those not in class I.
      2.   Response Time: The following response time is hereby determined to be reasonable and required of all city employees within six (6) months after assuming city employment:
         a.   Class I employees' response time shall be within forty five (45) minutes of the intersection of Broadway Avenue East and First Street East in the city of Little Falls, Minnesota, by utilizing all designated speed limits except the fire chief and firefighters.
         b.   Class I employees' which are the fire chief and firefighters response time shall be within ten (10) minutes, by utilizing all designated speed limits, of the intersection of Broadway Avenue East and First Street East in the city of Little Falls, Minnesota, or work full time within the city of Little Falls, Minnesota, and reside within the fire coverage areas.
         c.   Class II employees shall not be required to reside within any specific response time.
   K.   Facsimile Signature: The president of the city council and the city administrator are hereby authorized to request a depository of city funds to honor an order for payment when such instrument bears a facsimile of their signature, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were their manually written signature. Such authority is granted only for the purpose of permitting such officer an economy of time and effort.
   L.   Mayor's Contingency Fund: There is hereby created a mayor's contingency fund under the provisions of section 7.11 of the city charter. Said fund will be a part of the general fund. The city council is hereby authorized and directed to annually budget a sum not to exceed five hundred dollars ($500.00) for said fund. The mayor shall have absolute control over said fund and may use and expend the same as he/she may deem in the best interest of the city. Said fund shall be subject to audit upon request of the city council.
   M.   Provisions For Public Hearing When Not Otherwise Provided By Law Or City Code Provision: Unless otherwise provided by law or city code provision, a notice of public hearing shall be a notice published once in the official newspaper of the city, which publication shall be published at least ten (10) days prior to the time set for public hearing on the subject matter stated in the notice.
   N.   Right To Administrative Appeal: If any person shall be aggrieved by any administrative decision of the city administrator or any board or commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the city council upon serving a written request therefor upon the mayor and city administrator at least five (5) days prior to any regular city council meeting and within thirty (30) days of the disputed decision. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing, the appellant may present any evidence deemed pertinent to the appeal, but the city shall not be required to keep a verbatim record of the proceedings. The mayor or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the presiding officer's own motion or the motion of the appellant, the city administrator or a member of the city council, adjourn the hearing to a more convenient time or place, but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.
   O.   Rules Of Procedure For Appeals And Other Hearings: The city council may adopt certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the city council or other bodies authorized to hold hearings and determine questions therein presented. Such rules of procedure shall be effective thirty (30) days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings.
   P.   Uniform Purchasing Procedures: It is unlawful for any agent or employee of the city to order the purchase of any supplies or materials or contract for any services, except upon forms and procedures duly adopted or established therefor, and all purchase orders shall be approved by the head of the department for which purchase is being made and presented to the city administrator for approval.
   Q.   Workers' Compensation: All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota statutes relating to coverage for purposes of workers' compensation entitlement. (Ord. 77, 6th Series, eff. 10-19-2015)