§ 37.01 BOARDS AND COMMISSIONS; ESTABLISHMENT, APPOINTMENTS AND AUTHORITY.
   (A)   Establishment.
      (1)   Authority to establish. Pursuant to M.S. § 412.621, and other such statutes as specifically cited herein, the Council establishes or continues the following boards and commissions to advise the Council with respect to municipal functions and activities and to investigate subjects of interest to the city.
      (2)   How established. A board or commission may be established by a majority vote of the Council. An ordinance shall be adopted prescribing the purpose, duties, and composition of the board or commission.
      (3)   Applicability. All boards and commissions established by the City Council shall be subject to the provisions of this chapter, unless a specific requirement or condition is imposed by the City Charter, city ordinance or state law.
      (4)   Purposes and duties generally. All boards and commissions established by the Council shall be advisory to the Council and shall have the responsibility to:
         (a)   Investigate matters within the scope of the particular board or commission or as specifically directed by the Council.
         (b)   Advise the Council by communicating the viewpoint or advice of the board or commission.
         (c)   At the direction of the Council, hold hearings, receive evidence, conduct investigations, and, on the basis of such hearings, evidence and investigations, make decisions and recommendations to the Council.
         (d)   Advisory role. A board or commission established by the Council shall not assume the role of an administrative or legislative body.
   (B)   Cooperation of city officials.
      (1)   All city officials, Department Managers, employees and appointees shall cooperate with the commissions established by the Council and render all reasonable assistance as directed by the City Manager.
      (2)   Each board and commission shall hold its regular meetings at times established and approved by the City Manager. The City Manager shall be an ex-officio member of all boards and commissions.
   (C)   Membership.
      (1)   Members. Any person wishing to serve on a city board or commission must meet the following requirements:
         (a)   Age 18 or older on the date of appointment to the boards and commission.
         (b)   A citizen of the United States.
         (c)   A person who resides within city limits.
            Exception: The Planning Commission may have one non-resident member who resides outside of the municipal city limits, but resides within the two-mile planning area. The Airport Advisory Board may have up to three non-resident members who reside outside of the municipal city limits, but reside within the limits of Waseca County.
      (2)   City Council representative. Each board or commission shall have a City Council representative.
   (D)   Ineligibility. The following persons are ineligible to serve on a city board or commission:
      (1)   Anyone convicted of treason or a felon whose rights have not been restored.
      (2)   Anyone under guardianship.
      (3)   Anyone who is found by a court of law to be legally incompetent.
      (4)   Full-time city employees; or part-time employees where there is an incompatibility of office.
   (E)   Appointments and terms of membership.
      (1)   Members. Board and commission members shall be appointed at the first regular meeting of the Council in January of each year, by majority vote of the Council and shall serve terms of membership not to exceed three years per term. Each member is eligible to serve four consecutive three-year terms. Terms expire on January 31. Re-appointment will take place at term expiration. New appointees shall assume office on February 1.
      (2)   Council Representatives. Council Representatives shall be appointed at the first regular meeting of the Council in January of each year, by majority vote of the Council and shall serve a term of one year.
      (3)   Resignation and removal. Members shall serve without compensation and may resign voluntarily by letter or e-mail to the City Manager or be removed by majority vote of the Council or pursuant to § 37.01(F)(5).
      (4)   Vacancies. Vacancies in membership shall be filled by majority vote of the Council for the balance of the unexpired term.
      (5)   Term of appointment to fill vacancy. A person appointed to fill a vacancy shall be eligible to serve three full terms in addition to the balance of the unexpired term.
      (6)   Concurrent membership. No person may serve concurrently on more than two boards or commissions.
      (7)   Staggered terms. Terms of membership shall be staggered so that no more than one-half of the terms on a board or commission expire in any particular year.
   (F)   Organization and bylaws.
      (1)   Bylaws. Each board or commission shall adopt and be governed by such bylaws as shall be necessary and desirable for the conduct of its activities. Bylaws shall be subject to review and approval by the Council.
      (2)   Chairperson. Each board or commission annually shall elect from its members a chairperson and vice-chairperson to serve a term of one year. No person shall serve more than two consecutive one-year terms as chairperson of a particular board or commission.
      (3)   Meetings.
         (a)   Regular meetings. All board and commission meetings are open meetings subject to the Minnesota Open Meeting Law (M.S. Ch. 13D) and shall be held at a fixed time, on a fixed date and in a fixed place as shall be determined by the board or commission. The Records Secretary shall give notice of all board and commission meetings as required for meetings of public bodies.
         (b)   Public comment. All board and commission meetings shall include scheduled time for public comment.
         (c)   Meetings conducted according to bylaws. All meetings shall be conducted according to the bylaws of the board or commission.
      (4)   Meeting minutes.
         (a)   Official record. Approved minutes of board or commission proceedings shall be public record; the city shall retain a copy of the official minutes of each board or commission meeting in accordance with applicable state laws.
         (b)   Distributed to City Council. Official minutes of each board or commission meeting shall be distributed to the City Council.
      (5)   Removal.
         (a)   Any member of a board or commission established by the Council who fails to attend three consecutive regular meetings, or who fails to attend at least 70% of the scheduled meetings in any calendar year shall be deemed to have resigned as a member of the board or commission.
         (b)   Extraordinary circumstances such as serious illness will be considered a waiver of these requirements.
         (c)   Members may be removed, from any advisory board or commission, prior to the expiration of their term of office, by a majority vote of the City Council.
      (6)   Vacancies. The successor to any member of a board or commission who has been removed pursuant to this section shall be appointed pursuant to § 37.01(E).
      (7)   Quorum. A majority of the appointed members of the advisory board or commission shall constitute a quorum for the transaction of business. An affirmative vote of the majority of a quorum in attendance at any meeting shall be necessary to transact business or carry any proposition.
      (8)   Conflict of interest. All members should be aware of the need to avoid any instance of conflict of interest.
      (9)   Procedure. The board or commission’s final action on any proposal must be in the form of a recommendation of approval or disapproval directed to the City Council.
   (G)   Remuneration. All appointed board and commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in performance of their duties when the expenses have been authorized before they are incurred.
   (H)   Lobbying efforts consistent with city policy.
      (1)   Lobbying efforts by any advisory board or commission member on legislative or political matters should contact the City Manager to check for consistency with city policy. In the event a position is taken that differs from that of the city’s policy, an advisory board or commission cannot represent that position publicly or before another body, for example, the State Legislature or the Board of County Commissioners.
      (2)   An advisory board or commission member is free to communicate positions to the City Council on matters pertaining to the body’s purpose and function.
      (3)   A member of the advisory board or commission is not authorized to speak for the board or commission, unless the board has expressly authorized the member’s communication.
      (4)   An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that the member is not speaking as a representative of the city, or as a member of an advisory board or commission.
(`86 Code, § 2.02) (Am. Ord. 683, passed 6-18-96; Am. Ord. 696, passed 3-18-97; Am. Ord. 760, passed 3-20-01; Am. Ord. 872, passed 4-19-05; Am. Ord. 917, passed 11-21-06; Am. Ord. 1000, passed 10-1-13; Am. Ord. 1046, passed 7-19-16; Am. Ord. 1075, passed 7-7-20)