Section 2.01. FORM OF GOVERNMENT. The form of government established by this Charter is the "Council - Administrator Plan". Except as otherwise provided by law or this Charter, all powers of the City are vested in the City Council. The City Administrator shall be the head of the administrative branch of the City government and shall be responsible to the City Council for the proper administration of delegated City affairs.
(Ord. 277, passed 11-17-14)
Section 2.02. BOARDS AND COMMISSIONS. The City Council may adopt enabling resolutions establishing appointed Boards and Commissions to carry out various undertakings and assignments as outlined in the enabling resolutions. The enabling resolution shall state the number of members for each Board or Commission, the terms of each appointment and the term limits, if any, for each Board and Commission member. The enabling resolution may impose the following limits upon the actions of the appointed Boards and Commissions. The enabling resolution may also provide for other limitations or controls as deemed necessary by the City Council.
Subd. 1. The Boards or Commissions may exercise all power as authorized in the enabling resolution.
Subd. 2. The sale of all bonds or obligations issued by a Board or Commission must be approved by the City Council before issuance.
Subd. 3. All Boards or Commissions shall follow the budget process for City departments as provided by this Charter and as implemented by the City Council.
Subd. 4. All official actions of appointed Boards and Commissions must be consistent with the adopted comprehensive plan of the City and any official controls implementing the comprehensive plan.
Subd. 5. All Boards or Commissions must submit all planned activities for influencing the action of any governmental agency, subdivision, or body, to the City Council for approval.
Subd. 6. All Boards or Commissions shall submit their administrative structure and management practices to the City Council for approval.
Subd. 7. Except when previously pledged by a Board or Commission and approved by the City Council, the City Council may by resolution require a Board or Commission to transfer any portion of the reserves generated by activities of that Board or Commission that the City Council determines is not necessary for the successful operation of the Board or Commission, to the City to be used solely to reduce tax levies for bonded indebtedness of the City.
Subd. 8. The enabling resolution may provide for other limitations or controls as deemed necessary by the City Council.
(Ord. 277, passed 11-17-14)
Section 2.03. CITY COUNCIL COMPOSITION AND ELECTION. The City Council shall be composed of a Mayor and four (4) Council members elected at large. Each City Council member shall serve a term of four (4) years and until the successor is elected and qualifies. The Mayor shall serve for a term of two (2) years and until the successor is elected and qualifies.
(Ord. 277, passed 11-17-14)
Section 2.04. INCOMPATIBLE OFFICES. No member of the City Council shall be appointed City Administrator, nor shall any member hold any full-time paid municipal office or employment under the City, until one (1) year after the expiration of their term as Mayor or City Council member. No former member shall be appointed to any paid appointive office or employment under the City which was created or for which the compensation was increased during the former member’s term of office.
(Ord. 277, passed 11-17-14)
(1) the death of the Mayor or City Council member;
(2) the resignation of the Mayor or City Council member;
(3) the removal of the Mayor or City Council member;
(4) the Mayor's or City Council member's ceasing to be an inhabitant of the City;
(5) the Mayor's or City Council member's conviction of any infamous crime, or of any offense involving a violation of the official oath;
(6) the Mayor's or City Council member's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed;
(7) the decision of a competent tribunal declaring the Mayor's or City Council member's election or appointment void;
(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived.
(9) the Mayor's or City Council member's inability to serve in the office or attend City Council meetings for a ninety (90) day period because of illness, or because of absence from or refusal to attend City Council meetings for a ninety (90) day period. If any of the preceding conditions occurs, the City Council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special City Council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend City Council meetings, whichever is earlier. When the person is again able to resume duties and attend City Council meetings, the City Council shall by resolution remove the temporary officeholder and restore the original officeholder.
In each case, the City Council shall by resolution declare such vacancy to exist and shall appoint an eligible person to fill the vacant office until the next regular City election is held. In the case of a tie vote in the City Council for a vacancy in the position of a City Council member, the Mayor shall make the appointment. In the case of a tie vote in the City Council for a vacancy in the position of Mayor, the Vice President shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular City election and more than two (2) years remain in the unexpired term, a special election shall be held at or before the next regular City election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular City election or when less than two (2) years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor.
(Ord. 277, passed 11-17-14)
Section 2.06. THE MAYOR. The Mayor shall serve as President of the City Council and shall preside at meetings of the City Council and shall have a vote as a member. The City Council shall choose from its members a Vice President. The Vice President shall serve as President in the Mayor's absence and as the Mayor in case of the Mayor's disability or absence from the City. The Mayor shall be recognized as head of the City government for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor of the State of Minnesota for purposes of martial law, but shall have no administrative duties.
(Ord. 277, passed 11-17-14)
Section 2.07. SALARIES. The Mayor and City Council members shall receive such compensation as is fixed by the City Council in accordance with laws of the State of Minnesota. The City Administrator and all subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the City Council.
Section 2.08. INVESTIGATION OF CITY AFFAIRS. The City Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The City Council shall provide for an audit of the City’s accounts at least once a year by the State of Minnesota department or agency in charge of such work or by a certified public accountant. At any time the City Council may provide for an examination or audit of the accounts of any City officer or agency and it may provide for any survey or research study of any subject of City concern.
(Ord. 277, passed 11-17-14)
Section 2.09. INTERFERENCES WITH ADMINISTRATION. Except for the purpose of inquiry and investigation under Section 2.08 of this Charter, the City Council and its members shall deal with and control City officers and employees under the jurisdiction of the City Administrator solely through the City Administrator, and neither the City Council nor any City Council member shall give orders to any subordinate of the City Administrator, either publicly or privately.
(Ord. 277, passed 11-17-14)
Section 2.10. APPOINTIVE OFFICES. There shall be appointed, in the manner hereinafter provided, such officers and employees as may be required under this Charter, the general laws of the State of Minnesota, or the ordinances of the City. The City Council may create and establish additional offices, departments, Boards or Commissions, consistent with the general purposes of this Charter and may, from time to time, alter or abolish the form or functions of any appointive office, department, Board or Commission by ordinance.
(Ord. 277, passed 11-17-14)