SECTION 1.01 COUNCIL MEETINGS

Subd. 1. Meetings. The Council shall have regular sessions in the City Hall on such days and at such times as determined by Resolution of the City Council and, if such day shall fall on a holiday, it shall have its regular session the next following day, and adjourned and special sessions at any other time and place the council may deem proper. The first meeting of the year shall be the organizational meeting and shall include: election of an acting mayor to preside in the absence of the Mayor, designate an official newspaper, select official depositories, annual appointments to boards and commission, and assignment of Council committees.

Subd. 2. Presiding Officers. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the acting Mayor shall preside. In the absence of both, the trustees shall elect one of their number a temporary chairperson. The acting Mayor and temporary chairperson, when occupying the place of the Mayor, shall have the same privileges as other members.

Subd. 3. Quorum. At all meetings of the Council, a majority of the Council members elected shall constitute a quorum to do business.

Subd. 4. Order of Business. At the hour appointed for meeting, the members shall be called to order by the Mayor, and in his absence by the acting Mayor, and in the absence of both by the Clerk. In the absence of the Clerk, the Mayor shall appoint a secretary pro tem. The Council shall proceed to business on its agenda.

Subd. 5. Motions And Voting. The Mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the Council. The Mayor may make motions, second motions, or speak on any question provided, however, that in order to do so, upon demand of any one Councilman, he shall vacate the chair and designate a member of the Council to preside temporarily. The Mayor shall be entitled to vote like other members of the Council.

Subd. 6. Point of Order. A member called to order shall immediately suspend his remarks until the point of order is decided by the chair.

Subd. 7. Resolutions And Motions Reduced In Writing. All resolutions and motions, except a motion to adjourn, postpone, reconsider, commit, lay on the table, or for the previous question, shall be reduced to writing if the chair or any members requires it or if reduced by law; when moved and seconded, it shall be stated by the chair or being written shall be read by the Clerk, and may be withdrawn before decision or amendment, or any disposition thereof has been made, or a vote taken thereon.

Subd. 8. Motions During Debate. When a question is under debate no separate motion shall be entertained, unless to adjourn, to lay on the table, or to act on the previous questions, to postpone, to commit, or to amend, which several motions shall have precedence in the order in which they are named, and the first three shall be decided without debate.

Subd. 9. Division. Any question shall be divided at the request of any member when the same will admit thereof.

Subd. 10. Voting. When a question is put by the chair, it's the duty of every member to vote unless a conflict of interest is possible. In doubtful cases the chair may direct, or a member may call for a division. The yeas and nays shall be recorded by the names of the Council members in the minutes in the event any vote is not unanimous, and on each appropriation of money as provided by law. Abstentions have the same effect of voting on the prevailing side.

Subd. 11. Committee. Except as otherwise required by law, all committees, including standing committees, shall be appointed by the chair, unless expressly ordered by the Council.

Subd. 12. Ordinances. After an ordinance is passed and numbered, a complete and accurate copy as amended shall be made by the Clerk and shall be signed by the Mayor or in his absence by the acting Mayor, and deposited with the Clerk, who shall attest, seal, number, file, publish, and place the same in the appropriate chapter of the book of Codification Ordinances known as the City Code. The affidavit of publication shall be permanently inserted in the file with each ordinance.

Subd. 13. Preservation Of Order. The Chief of Police shall attend meetings of the Council when requested to do so by the Mayor and preserve order in the room.

Subd. 14. Suspension Of Rules. These rules, or any of them, may be temporarily suspended by consent of a majority of all Councilmen, and shall not be repealed, altered, or amended except by concurrence of a majority of the whole Council, and upon notice given at some preceding meeting.

Subd. 15. Robert's Rules Of Order. In all points not covered by these rules, the Council shall be governed on its procedure by "Robert's Rules of Order, Revised" latest edition available.

Subd. 16. Purpose Of Rules. Foregoing rules are adopted to facilitate the transaction of Council business and functions. They should not be permitted to defeat or hinder the plainly expressed intent and desire of the Council. Informal compliance and substantial performance shall be sufficient under the foregoing rules in the absence of objection reasonably taken.

Subd. 17. Adjournments. The Council may at any time, by a majority vote of those present, adjourn from time to time to specific date and hour whether or not a quorum is present.

Subd. 18. Calling Special Meetings. Special meetings may be called by the Mayor or any two members in writing filed with the Clerk at least two days prior to the time specified for such meetings. The Clerk shall mail or serve such notice, at least one day before the meeting to all members of the time and place of the meeting and its purpose or, Special Meetings may be held without notice when all members are present or consent in writing to be absent or when special meetings are called at a regular meeting attended by all members. Any special meeting attended by all members shall be a regular meeting for the transaction of any business that may come before the Council.

Subd. 19. Minutes. Minutes of the meeting shall be kept by the Clerk. They shall be signed by the Clerk, and shall constitute an official record of the Council proceedings. Upon presentation of the minutes at a subsequent meeting, the Council shall approve or amend the minutes. Lack of such Clerk's signature or Council approval shall not invalidate such minutes as official records.

In the event the Clerk shall fail or decline to amend or change his minutes, upon informal request, at the time they are submitted for approval, the Council may by motion carried by majority vote amend the minutes. Such amending motion shall become part of the minutes of the meeting in progress.

SECTION 1.02 COMPENSATION OF MAYOR AND COUNCIL

Subd. 1. Salaries Of Council Members And Mayors. The salaries of Council members shall be $505.00 per month and the salary of the Mayor shall be $705.00 per month. There shall be no additional compensation for special meetings, committee meetings or non-regularly scheduled meetings or training conferences except for allowable reimbursable expenses.

SECTION 1.03 UNCLAIMED PROPERTY

Subd. 1. Lawful Possession. All personal property, except motor vehicles lawfully coming into possession of this municipality in the course of its municipal operations, shall be claimed and disposed of as provided for in this section. Motor vehicles lawfully coming into the possession of this municipality and impounded by the City shall be disposed of under Minnesota Statutes Chapter 168B, or its successor statute, after that statutory notice is given.

Subd. 2. Inventory And Claims

A. Each department head shall maintain an accurate inventory of all personal property, except motor vehicles, coming into the possession of his department, showing the date of original possession, manner of coming into possession, last known ownership of item, and approximate market value of item.

B. Such inventory shall be completed and submitted to the City Administrator at least annually.

C. The City Administrator or Department heads shall upon sufficient proof acknowledge any claims for ownership of such items and shall return the item or items to the claimant.

Subd. 3. Disposal Or Return. Items of personal property, other than motor vehicles, coming into the City’s possession in the course of municipal operations will be retained by the City for a period of sixty (60) days. Reasonable efforts will be made to identify the owner and notify the owner that the property is in the custody of the City. Property that remains unclaimed for a period of more than sixty (60) days may be sold to the highest bidder at public auction or sale following reasonable published notice. Alternatively, unclaimed property may be donated to a non-profit charitable organization, or otherwise destroyed or disposed of if the property has no resale value or retained as allowed by state statute. This ordinance does not supersede the provisions of other state statues that govern the disposal of specific items of personal property (e.g. abandoned motor vehicles). The City shall follow state statutes governing the disposal of specific items of personal property, included but not limited to, abandoned motor vehicles.

Subd. 4. Proceeds. All net proceeds from items sold under ordinance shall be paid into the General fund and shall remain the property of the City, except that in the event the former owner or owners of items sold pursuant to this ordinance, makes application to the City Administrator within six (6) months of the sale and provides satisfactory proof of ownership, the owner will be reimbursed the net proceeds of the sale, if any, which payment shall be made upon the General Fund after authorization by the Council. This provision does not supersede state statutes governing the distribution of proceeds of specific items. The City shall follow state statutes governing the distribution of proceeds of specific items.

SECTION 1.04 WORKMEN'S COMPENSATION FOR APPOINTED AND ELECTED OFFICERS

Subd. 1. Workmen's Compensation. All elected and appointed officials of the City of Sauk Rapids, whether elected for a regular term or otherwise, or whether part time or full time, shall hereafter be included within the definition of employee for workmen's compensation purposes pursuant to M.S. 176.011, Subdivision 9, (5).

~~SECTION 1.05 FIRE DEPARTMENT~~—Repealed By Council Action 2/12/18

SECTION 1.06 MUNICIPAL LIQUOR STORE

Subd. 1. Establishment. That there is hereby established in this municipality an exclusive liquor store to be owned and operated by this municipality, and to be known as the Sauk Rapids Municipal Liquor Store.

Subd. 2. Sale. That said exclusive liquor store may sell at retail intoxicating liquors, both "on sale" and "off sale" according to the laws of the State of Minnesota, and of the United States of America, governing and regulating the sale of said liquors.

Subd. 3. Rules And Regulations. That said exclusive liquor store shall be operated under rules and regulations adopted by resolution of the Council.

SECTION 1.07 CIVIL DEFENSE AGENCY

Subd. 1. Act Adopted. The Minnesota Civil Defense Act, M.S. Chapter 12, insofar as it relates to cities, is adopted by reference as part of this section as fully as if set forth explicitly herein.

Subd. 2. Civil Defense Agency.

A. Agency And Director. There is hereby created within the city government a civil defense and disaster agency which shall be under the supervision and control of a director of civil defense hereinafter called the director. The Director shall be appointed by the Council for an indefinite term and may be removed by the Council at any time. He shall serve with salary and be paid his necessary expenses. The Director shall have direct responsibility for the organization, administration, and operation of the Civil Defense Agency, subject to the direction and control of the Council.

B. Organization And Functions. The Civil Defense Agency shall be organized into such division and bureaus, consistent with state and local defense plans, as the Director deems necessary to provide for the efficient performance of local Civil Defense function during a Civil Defense emergency. The agency shall perform Civil Defense functions within the City as may be required pursuant to M.S. Chapter 12 or this section.

Subd. 3. Powers And Duties Of Director.

A. Intergovernmental Arrangements. With the consent of the Council, the Director shall represent the City on any regional or state organization for Civil Defense. He shall develop proposed mutual aid agreements with other political subdivisions within or outside the state reciprocal Civil Defense aid and assistance in a Civil Defense emergency too great to be dealt with unassisted, and he shall present such agreements to the Council for its action. Such agreements shall be consistent with the Civil Defense plan and during a Civil Defense emergency, the Civil Defense Agency shall render assistance in accordance with the provisions of such agreements.

B. Civil Defense Plan. The Director shall prepare a Comprehensive General Plan for the Civil Defense of the City and shall present such plan to the City Council for its approval. When the Council has approved the plan by resolution, all forces of the City shall perform the duties and functions assigned by the plan.

SECTION 1.08 ASSESSMENT AND CURRENT SERVICE

Subd. 1. Definition. The term "current service" as used in this Section, means one or more of the following: installation or repair of water service lines, street sprinkling, street flushing, light street oiling, or other dust treatment of streets; trimming and care of trees and removal of unsound and insect infested trees (except Dutch Elm or Oak Wilt disease nuisance) from the public streets or private property.

Subd. 2. Installation And Repair Of Water Service Lines. Whenever the City installs or repairs water lines serving private property in the City of Sauk Rapids, the Superintendent of Public Works shall keep a record of the total cost of the installation and repair against the property and deliver such information to the City Clerk annually by August 15 as to each parcel of property on which the cost has not been paid.

Subd. 3. Street Sprinkling, Street Flushing, Tree Care, Etc.

A. Proposed projects. The Council shall each year determine by resolution what streets and alleys shall be sprinkled or flushed, oiled or given other dust treatment during the year and the kind of work to be done on each. The Council shall also determine by resolution from time to time, the streets on which trees shall be trimmed and cared for, the kind of work to be done, and what unsound trees shall be removed. Before any work is done pursuant to either of these resolutions, the Clerk shall, under the Council's direction, publish notice that the Council will meet to consider such projects. Such notice shall be published in the official newspaper at least once, no less than two weeks prior to such meeting of the Council and shall state the date, time, and place of such meeting the streets affected, and the particular projects proposed and the estimated cost of each project, either in total or on the basis of a proposed assessment for front foot or otherwise.

B. Hearing; Order. At such hearing or at any adjournment, thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed projects. The Council shall thereupon adopt a resolution confirming the original projects with such modifications as it considers desirable and shall provide for the doing of the work by day labor through the Superintendent of Public Works, City Engineer or other designated official, shall keep a record of the cost and the portion of the cost property attributable to each lot and parcel of property abutting on the street or alley in which the work is done and shall report such information to the City Clerk.

Subd. 4. Personal Liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service. As soon as the service has been completed and the cost determined, the City Clerk, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable to the office of the City Clerk.

Subd. 5. Assessment. On or before October 1 of each year, the Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges against property benefitted as a special assessment under M.S. Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case.

SECTION 1.09 DEFERRED ASSESSMENTS FOR SENIOR CITIZENS

Subd. 1. Intent. In accordance with Minnesota Statute 435.193, the City of Sauk Rapids, may, in its discretion, defer the payment of a special improvement assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a non-discriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. The following provisions of this Section establish the standard and guidelines for determining the existence of a hardship.

Subd. 2. Procedure To Obtain Deferred Assessment. The homeowner shall make application for deferred payment of special assessments on forms prescribed by both the City Clerk and the Benton County Auditor. The respective forms shall be returned to the Sauk Rapids City Clerk, wherein the application will be reviewed by the City Clerk and a written recommendation be submitted to the Council; both items will be considered by the City Council. The City Clerk shall notify by mail the applicant of the date of the Council meeting on which the application will be reviewed. The application shall require a certification of the applicant that the information contained in or made a part thereof is true and correct. The application shall require as an attachment, a copy of the most recently filed tax return. In the event no income tax form was prepared, then the applicant shall submit the information which would have been used to determine net income. In the event the deferment of the assessment is granted, the City shall record a notice of deferment with the County Recorder and the County Auditor of Benton County, which will set forth the legal description of the homestead property involved as well as the amount of the assessment, and the rate of interest charged on the assessment.

In addition, the City Clerk shall provide in the notice requirement when adopting the assessment roll for a special improvement project, a statement that applications for deferment of special assessments under this ordinance be made to the City Clerk within thirty (30) days of the date of the notice.

Subd. 3. Termination Of Right To Deferred Payment Status. The status of deferment on special assessments as described above shall terminate and all amounts of accumulated plus applicable interest shall become due upon the occurrence of any of the following events:

A. The death of the owner provided that the spouse is otherwise not eligible for the benefits hereunder;

B. The sale, transfer or subdivision of the property or any part thereof;

C. If the property for any reason loses its homestead status; or

D. If for any reason the municipality deferring the payment shall determine that there would be no hardship, and may thereon require immediate or partial payment, whichever would be specified.

Subd. 4. Annual Review. The City Council may annually review all deferments previously made. The procedure shall be the same used as for the consideration of a new application.

Subd. 5. Standards For Establishing Hardship. The following standards shall be utilized as a basis for determining the existence of a hardship for which a special assessment deferral may be granted in the City of Sauk Rapids.

A. The applicant must be 65 years of age or older.

B. The applicant must be the owner of the homestead subject to special improvement assessments for which deferral is requested under this section.

C. When the average annual payment for all assessments levied against the subject property exceeds 3% of the Adjusted Gross Income of the applicant as evidenced by documentation. (The definition of average annual payment of an assessment shall be the total cost of the assessment divided by the number of years over which it is spread).

Subd. 6. Special Consideration. The deferment for special assessments under this section shall apply only to the principal. The interest rate charged shall be the same as that levied on the other property on the applicable assessment roll, said interest shall be paid as it comes due, and shall not be affected by any deferment granted herein.

Any deferment granted under this section shall pertain to special improvement assessments only, and shall affect only those assessments to be levied. All those special assessments levied prior to January 16, 1978 shall be paid and the deferral shall not apply. However, the now levied special assessments may be used in the computations or average annual payment for determining hardship under this Section.

SECTION 1.10 CODE OF ETHICS

Subd. 1. Policy and Purpose. It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public as well as to the persons acting in public service.

The proper operation of a democratic government requires that public officials be independent, impartial, and responsible to the people. Governmental decisions and policies must be made in the proper channels of the governmental structure. Public office may not be used for personal gain. Citizens must have confidence in the integrity of their government officials.

In recognition of these goals, there is hereby established a Code of Ethics for elected or appointed public officials and city employees. The purpose of this Code is to establish ethical standards of conduct for such persons by establishing acts which are incompatible with the City’s best interests and requiring disclosure of private or financial interest in matters involving the City. The provisions and purposes of this Code are declared to be in the best interests of the City of Sauk Rapids.

Subd. 2. Scope of Persons Covered.

a. Except as qualified herein, the provisions of this Code of Ethics are applicable to the Mayor, all members of the City Council, all appointed city officials, and all city employees.

Subd. 3. Other Laws Applicable.

a. Persons covered by this code may be subject to a number of statutory provisions regarding conflict of interests. The City expects its employees and officers and appointees to become familiar with these provisions, which include: Minn. Stat. Section 471.87 (personal interest in public contract); Minn. Stat. 412.311 (personal interest in public contract) Minn Stat. 609.42 (bribery); Minn Stat. 609.43 (official misconduct, failure to perform official duties) Minn Stat. 609.44 (refusal to surrender official incidents of office to successor); Minn. Stat. l3D.Ol l3D.07 (open meeting); Minn. Stat. 471.895 (prohibited gifts); Minn. Stat. Chapter 211A and 21lB (Campaign practices); Minn. Stat 469.113 (housing authority conflicts).

b. Compliance with Program Requirements. Some grants, programs or contracts administered by the City contain specific conflict of interest requirements. The City expects that any city employees, officers, and appointees will be familiar with requirements applicable to the grants, programs or contracts in which they may be involved.

Subd. 4. Identification or disclosure of Conflicts and Potential Conflicts of interest.

All persons covered by this code will disclose Potential Conflicts and Conflicts of interest to an appropriate third party for independent evaluation. “Conflict” shall have that meaning as defined in Subdivision 5. A “Potential Conflict” shall be defined as follows:

a. Engages or intends to engage in a business or transaction which may reasonably be perceived as incompatible with the proper discharge of one or more official city duties; or

b. May reasonably be perceived as tending to impair the persons independent judgment or action in the performance of city duties; or

c. Sponsors, advocates or acts upon City legislation which may affect the covered person’s personal or financial interest which differs materially from that of the public at large.

Each covered person has an obligation to identify Potential Conflicts of interests so that potential for a Conflict may be independently assessed. When there is a Potential Conflict or appearance of Conflict, it must be disclosed and independently evaluated. City employees will disclose any Conflict or Potential Conflict to their immediate supervisor and to the City Administrator on the Conflict Disclosure Form. City Council members will disclose any Conflict or Potential Conflict to the Council. Members of Boards and Commissions will disclose any Conflict or Potential Conflict to the City Administrator and to the Board or Commission on which they serve. All others will disclose to the City Administrator.

Only Conflicts and Potential Conflicts as defined by this Section or other applicable law are required to be disclosed. It is anticipated that employees and members of the Council, Boards, or Commissions will have questions about when a Conflict or Potential Conflict exists and whether or not disclosure is appropriate. They are encouraged to contact the City Administrator or City Attorney with their questions.

Members of the Council, Boards, and Commissions will follow the following process when disclosing:

A. When the Conflict or Potential Conflict is known sufficiently prior to the meeting at which the action related to the Conflict will occur:

i. The individual will fill out a Conflict Disclosure Form, describing the basis for the Conflict.

ii. If the matter involves a Potential Conflict, the individual should provide the Conflict Disclosure Form to and seek the opinion of the City Administrator, who may confer with the City Attorney, to determine the existence of a Conflict.

iii. If, after review, it is determined that a Conflict does not exist, the determination will be certified on the Conflict Disclosure Form.

iv. If a Conflict does exist, the Conflict Disclosure Form will be provided to the other members of the Council, Board, or Commission prior to the meeting and the individual will abstain from discussing and acting on any matter related to the Conflict.

B. When the Conflict or Potential Conflict becomes known at the meeting, or there is otherwise insufficient time to proceed as described in Item A of this Subdivision 4:

i. The individual will fill out the Conflict Disclosure Form and provide it to the other members of the Council, Board, or Commission prior to the meeting.

ii. If there is not enough time to fill out the Conflict Disclosure Form prior to the meeting at which the action on the matter related to the Conflict will be taken, the individual will fill out the form after the meeting and the Form will then be distributed to the other members.

iii. In either case, the individual should seek an oral determination on the Conflict or Potential Conflict prior to acting. If it is determined that there is no Conflict, the determination will be certified on the Conflict Disclosure form when it is filled out after the meeting.

iv. If it is determined that there is a Conflict, the individual will abstain from discussing and acting on any matter related to the Conflict.

*In all cases, the Conflict Disclosure Form will be filed with the City.

Subd. 5. Conflicts Prohibited.

No person covered by this Code shall engage in any Conflict of interest. A “Conflict” of interest shall be defined as follows:

a. Engaging in a business or transaction which is incompatible with the proper discharge of the person’s official duties, or which would tend to impair the person’s independent judgment or action in the performance of his official duties.

b. Holding a direct or indirect financial interest which is incompatible with the proper discharge of the person’s official duties, or which would tend to impair the person’s independent judgment or action in the performance of his official duties. A financial interest includes ownership of stocks, bonds, notes or other securities.

c. Having a direct or indirect personal interest which is incompatible with the proper discharge of the person’s official duties, or which would tend to impair the person’s independent judgment or action in the performance of his official duties.

d. For City employees, the holding of a private or other public position in addition to the person’s primary public position which interferes or may interfere with the proper discharge of the public duty.

e. Use of confidential information, obtained as a result of public position, for personal gain.

f. Holding investments which will or may interfere with the proper discharge of public duty.

g. Representation for profit of private interests before City governmental agencies.

h. Participation as a public representative in a city transaction in which the person has a direct or indirect financial or other personal interest.

Subd. 6. Employment/Appointment of Family Members.

a. For the purpose of this subdivision, the term “immediate family” shall mean a person’s mother, father, step-mother, step-father, brother, sister, step-brother, step-sister, son, daughter, step-son, step-daughter, grandparents and step-grandparents.

b. No person shall be involved in the evaluation, recommendation, interview, selection, promotion or any other aspect of the hiring process of a member of his or her immediate family for any type of employment including, but not limited to: full time employment, part time employment, permanent employment, temporary employment, contractual employment, and appointment to any board or commission.

Subd. 7. Gifts

a. Gift Defined. A gift includes transfer of money, property, favor, services, loans (other than loans not intended to influence official action and which are made in the ordinary course of business at usual and customary terms, including interest, repayment schedule and security), travel, entertainment, hospitality, or things having any value or promise of future economic benefit. A gift does not include transactions made in the ordinary course of business in exchange for reasonable and fair payment.

b. Solicitation of Gifts Prohibited. Unless specifically exempted herein, no person subject to this Code shall directly or indirectly solicit any gift for that person, nor for another person subject to this Code, from a citizen of Sauk Rapids, or from a person, firm, corporation having any business, administrative, legislative, contractual or any other relationship with the City or any of its departments or agencies.

c. Gifts from Certain Entities Prohibited. Unless specifically exempted herein, no person subject to this Code shall directly or indirectly receive any gift from any corporation or limited liability company, labor union, partnership, or professional association.

d. Gifts from Persons Having Business with City Prohibited. Unless specifically exempted herein, no person subject to this Code shall directly or indirectly accept or receive any gift from a citizen of Sauk Rapids, or from a person, firm, corporation having any business, administrative, legislative, contractual or any other relationship with the City or any of its departments or agencies.

e. Employees. Employees in the course of or in relation to their official duties shall not directly or indirectly receive or agree to receive any payment of expense, compensation, gift, reward, gratuity, favor, service or promise of future employment or other future benefit from any source, except the City for any activity related to the duties of the employee unless otherwise provided by law.

However, the acceptance of:

(1) gifts or services of nominal value; or

(2) gifts or services when given to individual employees to assist them in the performance of their duties in times of emergency shall not be a violation of this Subdivision.

1. Department Heads shall be responsible for determining whether or not a gift or service falls within this exemption.

2. In the event there is a question or as to whether a gift or service is exempt, the Department Head should consult with the City Administrator. The City Administrator’s determination shall be final.

3. The Department Heads will coordinate with the City Administrator to track gifts and services. The City Administrator shall periodically review with the Department Heads the gifts and services their employees are receiving. From these reviews, the City Administrator will develop policies and guidelines to ensure that this exemption is being applied consistently and in keeping with the spirit and intent of this Code.

(“Employees” is defined for the purpose of this paragraph E to include only those employed with City who are not “elected” or “appointed” officials as defined in Paragraph e of this Subdivision)

f. Exemptions for elected and appointed officials. Consistent with Minnesota Statute Section 471.895, the following items are exempt from regulation under this ordinance for elected and appointed officials only:

1. A contribution as defined in section 2llA.01, subdivision 5;

2. Services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

3. Services of insignificant monetary value;

4. A plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;

5. A trinket or memento of insignificant value;

6. Informational material of unexceptional value;

7. Food or a beverage given at a reception, meal, or meeting away from the recipient’s place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program;

8. A gift given because of the recipient’s membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group;

9. A gift given by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or

10. A gift given by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees.

(“elected” and “appointed” officials is defined for purposes of this Subdivision to

include all members of the city council, appointed boards, commissions, and committees, as well as the City Administrator, Finance Director, Building Official, Department Heads, and those employees with the authority to make decisions that may impact someone financially).

g. Disposition of gifts. Any gift not authorized by this subdivision may be returned to the donor or transmitted to the Finance Director or turned over to the city to be used by the city or to be sold, with the proceeds of such sale deposited into the general fund of the city. The Finance Director shall be notified within seven (7) days of the receipt of any non-monetary property not authorized by this subdivision.

h. More restrictive measures. Department heads may adopt more restrictive measures dealing with the definition of the word “gift” and prohibitions on the acceptance of gifts. Such measures must be in writing, must be reviewed by the city attorney, and approved by the city administrator.

Subd. 8. Use of City Property. A city employee shall not use or allow the use of city time, supplies or city-owned or leased property and equipment for the employee’s private interests or any other use not in the City’s interest, except as provided by law or in accordance with provisions found in this Code or in the currently adopted Personnel Policy.

Subd. 9. Political campaigns are not conducted on City time. No person employed by the City shall engage in political campaigning while on the job during working hours.

Subd. 10. Enforcement. A Violation of this ordinance shall, in the case of employees, be grounds for disciplinary action, and, in the case of all others, be grounds for admonishment, sanction, removal, or such other action deemed appropriate under the circumstances. Nothing contained herein shall be construed as preventing prosecution under applicable state laws.

SECTION 1.11 CODE OF CONDUCT

Subd. 1. Policy and Purpose.

A. It is the policy of the City of Sauk Rapids to provide a safe, secure and healthy environment for employees, public officials and citizens when engaged in city business. The City is committed to working to maintain a work environment free from acts or threats of violence, harassment, intimidation and other disruptive behavior.

B. Acts of violence, threats, harassment, intimidation and other disruptive behavior in the workplace will not be tolerated. All reports of such conduct will be taken seriously and will be dealt with in a timely and appropriate manner. The behavior described above can include oral or written statements, gestures, or expressions that communicate either a direct or indirect threat. Individuals who commit such acts may be removed from city property and may be subject to disciplinary action, criminal penalties, or both.

C. The cooperation of all persons subject to this Code is needed to implement this policy effectively. They should not ignore violent, threatening, harassing, intimidating or other disruptive behavior. If they observe or experience any behavior prohibited by this Code, by anyone engaged in city business or acting on behalf of the city in any way, it should be reported immediately to any city employee or city official who will initiate the appropriate action.

D. Councilmember’s statutory duties are performed primarily by the Council as a whole. The Council, and not individual members, supervises administrative officers and employees. Individuals do not give orders or otherwise supervise City employees, unless directed to do so by the Council. The Council as a unit, however, has complete authority over all administrative affairs in the City; this authority is primarily implemented through the City Administrator. It is the policy of the Council that each Council person will respect the abilities, experience, and dignity of each City employee.

Subd. 2. Council Conduct with City Staff.

A. The Council adopts the following policies regarding council conduct with City Staff:

1. Questions of City staff and/or requests for information shall be directed to the City Administrator, City Clerk, or Department Heads. Materials supplied to a Council member in response to a request will be made available to all members of the Council.

2. Except as part of an official council employee evaluation or disciplinary proceedings, council members shall never express concerns about the performance of a City employee in public. Council members do not criticize the conduct or performance of employees to the employee directly, or to the employee’s supervisor. Comments about staff performance shall be made to the City Administrator in accord with personnel procedures.

3. Individual Council members may not attempt to influence staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

4. Routine secretarial support will be provided to all Council members incident to their official duties. Requests for additional staff support, even in high priority or emergency situations, shall be made to the City Administrator who is responsible for allocating City resources in order to maintain a professional, well-run City government.

B. The Council adopts the following policies regarding council conduct with the public:

1. The Council and its members will endeavor to conduct proceedings without signs of partiality, prejudice, or disrespect toward individuals participating in a public forum.

2. The Mayor (or Acting Mayor in the Mayor’s absence) will determine and announce limits on speakers at the start of the public meeting. Generally, each speaker will be allocated ten (10) minutes. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. Subject to reasonable rules set by the council, no speaker will be turned away unless exhibiting inappropriate behavior. The Mayor’s rulings made pursuant to this subdivision are subject to reversal by a majority vote of the Council.

3. Only the Mayor (or Acting Mayor), and not individual Council members, can interrupt a speaker during a presentation. Upon conclusion of a presentation, consistent with any rules established for the hearing, Council members may question speakers. The Council does not belligerently challenge or belittle speakers.

4. The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, subject to the appeal of the full Council.

C. The Council adopts the following policies regarding council conduct in unofficial settings.

1. It is appropriate for Council members to give a brief overview of City policy when asked about a specific issue by constituents and to refer to City staff for further information. Councilpersons lack power to overtly or implicitly promise Council action, or to promise that City staff will perform or expedite a specific service or function (fix a pothole, rush a permit, etc).

2. The Council endeavors to maintain an atmosphere that respects each member. It is unacceptable to make derogatory personal comments about other Council members.

Subd. 3. Scope of Persons Covered. The provisions of this Code shall apply to all employees, elected officials, department heads, other “exempt” employees, members of boards/commissions/committees, and citizen volunteers engaged in city business or representing the city in any way. Any employee included in a collective bargaining agreement entered into in accordance with the Public Employment Labor Relations Act of 1971, as amended, or who is subject to other statutory requirements, shall be exempt from any provision of this Code which is inconsistent with or less restrictive than such agreement or statute.

Subd. 4. Definitions. For the purpose of this section, the following terms and phrases will have the meaning herein assigned to them.

A. “Censure” – means a written, official expression of disapproval for misconduct on the part of an elected or appointed official.

B. “Misconduct” – means willful improper conduct which, but this Code, is subject to disciplinary sanctions.

C. “Complaint” – means a report of alleged misconduct delivered in person, via mail, or electronic means.

D. “Complainant” – means the person who is making the complaint.

E. “Public official” – includes any of the following:

1. Members of the City Council;

2. The mayor;

3. Members of boards/commissions/committees;

4. The following individuals for as long as their titles are exempt or

unclassified:

(a). Finance Director

(b). Chief of Police

(c). Deputy chief of police/police captain

(d). City Administrator

(e). Deputy City Administrator

(f). Community Development Director

(g). Director of Public Works

(h). Building Official

(i). City Assessor

(j). Administrative Secretary

(k). Labor relations and/or personnel director

Subd 5. Employee Conflict Resolution

A. The fair and prompt resolution of an employee’s job-related conflicts and concerns is essential to the creation of a positive working environment. The following employee conflict resolution guidelines are designed to help employees and their supervisors work together to resolve job-related problems and conflicts. Employees will follow these guidelines as soon as possible after conflict or concern arises. The fact that a dispute is pending does not afford an employee with an excuse for failing to attend to duties.

B. The City Administrator may intervene in, and alter, the dispute resolution process as appropriate to protect employees from harassment, discrimination, abuse or other inappropriate behavior, or may refer the matter to the City Attorney or appropriate governmental authority.

C. If a conflict, concern or problem arises, the employee will discuss it with the person with whom there is a conflict or concern, unless the circumstances and nature of the problem make the discussion inappropriate, unsafe or counterproductive. The two individuals will discuss the problem and decide on a mutually acceptable resolution. This applies to conflicts among employees or with a Supervisor.

D. If a conflict or concern with another individual is not satisfactorily resolved, (and the concern does not involve the employee’s supervisor) the employee will discuss the problem with their Supervisor. They will discuss the conflict or concern and work on constructive steps to resolve the conflict or concern together.

E. If the problem is not satisfactorily resolved, the employee and Supervisor will discuss the problem with a Department Head, if applicable. They will discuss the conflict or concern and work on constructive steps to resolve the conflict or concern together.

F. If the problem is not satisfactorily resolved, the employee, Supervisor and Department Head will discuss the problem with the City Administrator. They will discuss the conflict or concern and work on a mutually acceptable resolution within 5 working days.

G. The employee may submit a written statement to the City Administrator regarding the incident if the previous steps have not resolved the conflict. The City Administrator may include input from employees with knowledge of the fact or concern. After any further discussion, and review of the facts, the City Administrator will attempt to work out a mutually acceptable resolution within 5 working days after receiving the written statement.

H. In the event that a conflict or concern is not resolved, or the City Administrator does not respond, the employee may submit a written statement to the Mayor, (or to such other Council person as the Council may designate to handle conflict resolution matters) who in his discretion may seek Council action on the matter.

I. In the event that the conflict or concern puts any employees’ safety at risk, or there is an illegal activity taking place, the City Administrator should be contacted immediately. If the conflict or concern putting the employee’s safety at risk is caused by the City Administrator, or the City Administrator is involved with an alleged illegal activity, the employee should contact both the Mayor and Chief of Police directly.

J. Where a collective bargaining agreement provides conflict resolution relief, initiation of the conflict resolution procedure herein does not stay or delay the deadlines for notification under a collective bargaining agreement unless the parties agree in writing to a delay.

K. Where an employee has a conflict or concern involving a councilperson, the employee will raise that concern in the first instance with the City Administrator. Subject to review by the Council, the City Administrator may initiate a conflict resolution procedure involving that Councilperson, and may make such modifications in the procedure as may be appropriate under the circumstances. Where an employee alleges official misconduct, or other unlawful conduct by an elected official, the Council shall assign responsibility for investigation and shall determine the manner of review, with the advice of the City Attorney.

Subd. 6. Complaints Regarding Council or Appointive Board Conduct.

A. The Council will appoint a committee of two of its members to supervise the administration of complaints regarding the conduct of council members or members of appointed boards. Each member shall serve for a period of two years with one of the members being initially appointed for a one-year term. Thereafter, the membership of the Committee will rotate, so that a one new member will be appointed each year. Whenever a complaint is directed to the conduct of a council member on the committee, the council will replace that council member with an alternate on all proceedings on that matter.

B. When a citizen (other than an employee) registers a complaint about the conduct of a councilperson, that complaint will be forwarded to the City Administrator, who will notify the committee and the party complained against of the nature of the complaint. At the initial step, the City Administrator will contact the citizen and the party complained against and attempt to resolve the matter informally. If the matter can be resolved informally, to the satisfaction of the citizen, the Administrator will report to the Committee on the resolution of the complaint or concern.

C. The administrator’s conduct of conflict resolution under this subdivision will be subject to the review of the Committee.

D. If the administrator is unable to resolve the complaint to the satisfaction of the citizen, the administrator will make a recommendation to the Committee as to whether further action by the Committee may be appropriate. The Committee may meet with the person complained against, or jointly with the complainant and person complained against, may designate an individual to engage in mediation or conflict resolution, may recommend changes in behavior or conduct, may determine that no action is appropriate, may refer the matter to the City Attorney, may refer the matter to the entire council for action or may take such other action as may reasonably be appropriate.

E. In all respects the actions of the Committee are subject to the review and direction of the full council.

F. In cases of repeated problems of a similar nature, where the Committee is unable voluntarily to obtain compliance with code of conduct standards, or in extraordinary circumstances involving a single act of misconduct, the Committee may recommend that the Council publicly admonish or censure a Council member.

Subd. 7. Discipline (Corrective Action); in general.

A. City Employees covered by this Code shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. Certain city employees are employed at will; this ordinance does not alter the at-will employment relationship of those employees. The City may terminate the employment of an employee at will without resorting to disciplinary proceedings. The conduct of disciplinary proceedings shall not waive or impair the City’s right to terminate an employee at will. This ordinance provides for disciplinary action to redress violations of the provisions of this ordinance. It does not limit the authority of the City as employer to discipline for other reasons.

B. The City Administrator shall implement disciplinary and corrective action in accordance with the City’s personnel manual, or other disciplinary procedures which may be adopted by the City Administrator, subject to Council review. The City Council reserves the right to amend, suspend or waive provisions of the City’s personnel manual and to adopt procedures appropriate to a particular case.

C. Evidence of the following acts are examples of cause that justify disciplinary or corrective action under this ordinance:

1. Negligence in the performance of duty;

2. During the period of employment, a felony or gross misdemeanor conviction, any conviction involving moral turpitude, or any con-viction based on abuse or misuse of employment powers, duties or responsibilities including a violation of the Code of Ethics;

3. Insubordination, including, but not limited to: refusal to obey a lawful order which a superior is entitled to give and have obeyed; refusal to do assigned work which thereby causes, or is likely to cause, loss or injury to the City or to the public; or, failure to observe legal or administrative policies, standards, and procedures specifically including local, State and federal safety and equal employment opportunities, duties and responsibilities;

4. Inducing or attempting to induce an officer or any employee of the City, including employees otherwise excluded from this Code, to commit an unlawful act, or to act in violation of any lawful and reasonable administrative rule or order;

5. Possession or use of intoxicating substances or narcotics while on duty without a prescription from a licensed physician;

6. Carelessness or negligence in the handling or control of City property;

7. Being habitually tardy or being absent from work without permission;

8. Dishonesty in the performance of employment duties and responsibilities;

9. Use of City time, equipment, or information for outside employ-ment or any other personal benefit, except to the extent authorized by the personnel manual.

10. Sexual harassment, discrimination, or engaging in verbal abuse or violation of the City’s Personnel Policy dealing with such matters.

11. Violation of City policies, or other good and sufficient reasons as determined by the City Administrator;

12. Making false or misleading or slanderous statements about city employees or officers.

Subd 8. Written Disciplinary Form.

A. The personnel manual shall provide for a form upon which a supervisor (including the City Administrator) may initiate disciplinary action under this ordinance. A supervisor may act upon the written complaint of another employee or such other information as the supervisor believes may justify disciplinary action.

B. Supervisors will keep a record of all complaints or concerns in the personnel file of the affected employee sufficient to show the nature of the charge or concern and the manner in which the matter was handled and disposed of. If the charge or concern is determined to be without merit, the file will so reflect.

C. An employee or citizen may file a formal written complaint alleging misconduct by an employee covered under this code. The allegation shall be handled under applicable law and procedures, including the data practices act.

D. Where a formal written complaint is filed against an employee, within 72 hours of the date/time that the incident was initially reported, the original Complaint Form will be forwarded to the department head that supervises the accused employee. If the department head is the person being accused or when accusations are made against appointed members of boards and commissions, the completed Complaint Form shall be forwarded to the City Administrator. If the City Administrator is the subject of the accusation, the original Complaint Form shall be forwarded to the Council.

E. Unless confidentiality is provided by law, the person specified in Subparagraph “d” (above) shall immediately forward a copy of the complaint form to the accused employee/city official using Form 2 (Employee/Public Official Notification).

Subd. 9. Suspension From Duties.

A. City employees. The City Administrator may summarily suspend with or without pay and relieve from duty an employee accused of misconduct pending an investigation into the allegations. An employee normally shall be summarily suspended when:

1. He/she is under investigation for a felony crime when the proof is

great, or serious misconduct when the presumption is great.

2. He/she is physically or mentally unable to perform duties satisfactorily (as determined by his/her supervisor).

3. No crime or misconduct is alleged, but activity resulting in death

or great bodily harm to a human being, due to its severe nature,

requires intense and prudent investigation.

B. Members of boards and commissions. The City Council may suspend the activities of appointed members of any board or commission pending an investigation into alleged misconduct. Members of boards and commissions will normally be suspended or censured for reasons found above.

Subd. 10. Investigations of Misconduct.

A. Subject to direction by the City Administrator, the department head, or other person identified in Subd. 7 (d), is responsible for the initial review and subsequent investigation of a misconduct complaint. The City Administrator may assign the investigation to such other person as the City Administrator deems appropriate under the circumstances.

B. If, during the course of the misconduct investigation, a possible criminal violation is noted, a copy of the misconduct complaint and all relevant information gathered to that point shall be forwarded to the police department for appropriate action. Referral of the complaint for prosecution by criminal authorities does not preclude the furtherance of disciplinary sanctions imposed under this Code.

C. Any person, who is subject to a misconduct investigation, shall be afforded all rights and protections provided by law, labor agreement, and department/city policies.

Subd. 11. Disciplinary Review Procedures.

A. The City Administrator may implement a progressive disciplinary process designed to resolve disciplinary matters informally, at the supervisor level, at the level of City Administrator, or at the Council. All disciplinary actions may be reviewed by the Council. No such process shall alter the at-will employment status of employees at will.

B. Notifications. When a department head or supervisor intends to initiate disciplinary action, the department head will provide written notice to the employee and will provide an informal opportunity to respond to the proposed action.

C. Whenever possible, the department head shall notify the employee of the final disposition of the case no later than thirty (30) business days after said final disposition.

D. If the employee agrees to a disciplinary action, the employee will complete a written form acknowledging that agreement and waiving any right to a hearing that may exist.

E. If the employee disagrees with a disciplinary action, the employee may seek review of the action under procedures established by the City Administrator. For actions which do not involve termination, suspension without pay or other discipline providing a direct financial loss to the employee, the employee has the right to seek review by the City Administrator. For actions involving termination, suspension without pay or other discipline providing a direct financial loss to the employee, the employee may seek review by the City Administrator, and may request the Council review the decision of the City administrator.

F. If an employee wishes to seek review at the next level, the employee must file a written request for review within 10 calendar days of the date of the notice of discipline.

G. The City Administrator has authority to implement all forms of discipline, subject to review by the Council, except termination. The City Administrator has authority to recommend termination, but implementation of a termination decision requires Council action. If the Administrator recommends a termination, the employee will be notified of the recommendation, and the recommendation will also be conveyed to the Council. If an employee wishes to appeal from a recommendation of disciplinary termination, the employee must appeal within 10 days of the date of the notice of termination. If the employee fails to appeal, the Council may act summarily without further proceedings, or it may conduct such further proceedings as it deems prudent. If the employee does appeal a recommended termination for disciplinary reasons, then the Council will proceed in accord with Subdivision 12. Nothing in this subdivision limits the Council’s authority to terminate employees who are employed at will.

Subd. 12. Appeal Process.

A. For actions involving termination, suspension without pay or other discipline providing a direct financial loss, the employee may appeal the decision to the City Council by serving written notice to the Mayor within ten (10) business days after receipt by said individual of the written Disposition Form.

B. The Mayor shall then arrange to have a confidential, initial personnel hearing placed on the agenda for the next regularly scheduled Council meeting or at a Special Council Meeting held solely for that purpose.

C. The Council may proceed to resolve the dispute utilizing on the written administrative record or by assigning the matter to a hearing officer for recommended decision.

D. Hearing Officer Procedure. Where the Council determines that the taking of oral testimony or other evidence by a neutral examiner would aid the Council, the Council may appoint a neutral examiner to take evidence and to make a recommended decision. In its resolution appointing the neutral examiner, the Council may establish the procedural requirements for the hearing. The examiner’s recommendation shall be presented to the Council, along with whatever written record is maintained, for de novo determination by the Council.

E. Hearing by Council on the Record. The Council may determine to resolve a dispute regarding discipline upon the written administrative record prepared by the City Administrator, and such written evidence including affidavits and documentary evidence, as well as written argument submitted by the grieving employee. If the Council adopts this procedure, the Council may establish the procedural requirements, including time limits, for submission of information to the Council. Unless the Council otherwise provides, the Council will not receive oral presentations or argument.

Subd. 13. Effective Date. This ordinance shall be in full force and effect sixty days from and after its passage and publication as required by law.

SECTION 1.12 CRIMINAL BACKGROUND CHECKS

Subd. 1. Purpose

The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota’s Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in Section 1.12 Subd. 3 and licensing background checks for city licenses described in Section 1.12 Subd. 4.

Subd.2. Criminal History Background Investigations

The Sauk Rapids Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for certain positions within the City described in Section 1.12 Subd. 3, unless the City’s hiring authority concludes that a background investigation is not needed. The Sauk Rapids Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for city licenses described in Section 1.12 Subd. 4.

Subd. 3. Employment Positions Subject to Background Checks

All permanent, part-time or full-time positions in the City of Sauk Rapids and other positions that work with children or vulnerable adults.

Subd.4. City License Applicants Subject to Background Checks

The Sauk Rapids Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following city licenses:

A. Liquor licenses pursuant to Sauk Rapids City Code Section 4.18;

B. Peddler, solicitors, and transient merchants licenses pursuant to Sauk Rapids City Code Section 4.19;

C. Amusements and special event permits pursuant to Sauk Rapids City Code Section 4.02;

D. Tobacco Sales License pursuant to Sauk Rapids City Code Section 4.07; and

E. Pawnbrokers, precious metals dealers, and secondhand goods dealers pursuant to Sauk Rapids City Code Section 4.18C.

Subd. 5. Authorized Access

In conducting the criminal history background investigation in order to screen employment and 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 BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring or licensing authority, including the City Council, the City Administrator, City Attorney, or other City staff involved in the hiring or licensing process.

Subd. 6. Written Consent Required

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 Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the City will not reject an applicant for employment or license 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 for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following:

A. The grounds and reasons for the denial.

B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06.

C. The earliest date the applicant may reapply.

D. That all competent evidence of rehabilitation will be considered upon reapplication.

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SECTION 1.20: ADMINISTRATIVE CITATIONS

Subd. 1. Purpose.

The City Council seeks to offer an alternative method of enforcement for City Code violations rather than relying on the criminal court system. The formal criminal prosecution process does not provide an environment to adequately address the unique and sensitive issues that are involved in City Code violations, including, but not limited to neighborhood concerns, livability issues, economic impact, physical limitations of the offenders and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the court system is a slow and overburdened process that is not conducive to dealing with the violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to fines or physical confinement, which are not effective solutions to address City Code violations.

In order to provide more flexibility in addressing City Code violations on an individualized basis that will be more efficient and effective, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of Sauk Rapids, it is the City Council's intent to create a process for the use and imposition of administrative civil penalties that will provide the public and the City of Sauk Rapids with a more effective alternative method for addressing City Code violations.

Subd. 2. Alternative Methods of Enforcement.

A violation of the City Code is a misdemeanor; however, this Section seeks to gain compliance with the City Code prior to the commencement of any formal civil or criminal court action. The Administrative Civil Penalties proceedings are in addition to any other legal or equitable remedy available to the City for City Code violations. The City may, in its, discretion, choose not to issue an administrative citation and may initiate criminal charges instead. The selection of a method of enforcement is based on the nature of the violation and history of compliance.

Subd. 3. Authority to Issue Compliance Letters and Administrative Citations.

The following City employees and agents are authorized to issue compliance letters and administrative citations for violations of the City Code:

A. Licensed peace officers and Community Service Officers of the Sauk Rapids Police Department;

B. Community Development Director;

C. Zoning Administrator;

D. Building Official;

E. Fire Marshal;

F. Public Works Director;

G. Other staff as directed by the City Administrator.

Subd. 4. Compliance Letter.

A. Contents of Compliance Letter.

If a City employee or agent identified in Subdivision 3 determines that a City Code violation has occurred, when appropriate, a compliance letter shall be issued to the owner of the property. The compliance letter shall contain the following information:

1) A description or address of the property on which the City Code violation has occurred;

2) The nature of the violation, including a reference to the appropriate City Code Section, if applicable;

3) A compliance deadline, providing a reasonable time for compliance based on the nature of the violation;

4) A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the City’s fee schedule as amended from time to time.

B. Service of Compliance Letter.

The compliance letter shall be served on the owner by certified mail sent to the property address and the address listed on property tax statements or by personal service.

C. Reasonable Extensions.

Following service of the compliance letter, the City shall attempt to work with the owner to resolve the violation, including but not limited to offering reasonable extensions for compliance.

D. Exceptions to Issuance of a Compliance Letter.

For violations of any of the following sections, the City shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided in Section 1.20 Subdivision 5.

1) Repeat Offender. If the same owner commits a subsequent violation within 24 months after a compliance letter has been issued for a same or similar offense, no compliance letter shall be required for the new violation.

2) License and Permit Violations. For any license or permit violations, including but not limited to: liquor, peddlers, gambling, fireworks, amusement/special event, garbage, gas, or not having a license or permit, no compliance letter shall be required.

Subd 5. Administrative Citation.

A. Upon an owner's failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the City, or for any offense for which a compliance letter is not required, an administrative citation may be issued to the owner. The administrative citation shall be served on the owner, license holder, or permit holder by certified mail or by personal service and shall contain the following information:

1) A description or address of the property on which the City Code violation has occurred;

2) A copy of the relevant portion of the City Code that the owner is alleged to have violated;

3) The amount of the administrative civil penalty for the specific City Code violation, which shall be due and payable to the City within 30 days of the date the citation is mailed or personally served;

4) A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued;

5) A statement that the City Code violation and the amount of the administrative civil penalty may be contested to be heard before an independent Hearing Officer, by notifying the Administrative Services Coordinator in writing within 20 days after the citation was mailed or personally served;

6) The amount of the fee to hold the hearing.

7) A statement that if the owner contests the validity of the violation and the owner is found by the Hearing Officer to not be in violation, that the City will refund the cost of the hearing fee;

8) A statement that failure to pay the administrative civil penalty may result in it being assessed against the property if appropriate.

B. Payment of Penalty and Correction of Violation.

If the owner pays the administrative civil penalty and corrects the City Code violation, no further action will be taken against the owner, license holder, or permit holder for that same violation.

C. Payment of penalty without Correction of Violation.

If the owner, license holder, or permit holder pays the administrative civil penalty but fails to correct the City Code violation, the City may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce correction of the City Code violation.

D. No Payment of penalty and/or no Correction of Violation.

If the owner, license holder, or permit holder fails to pay the administrative civil penalty and/or fails to correct the City Code violation, the City may do any of the following, or any combination thereof:

1) Assess the administrative civil penalty against the property if appropriate;

2) Issue a subsequent administrative citation, thereby commencing a new administrative penalties process;

3) Initiate criminal proceedings;

4) Initiate other enforcement action authorized by law.

Subd. 6. Contesting the Administration Citation.

An owner, license holder, or permit holder receiving an administrative citation may contest the alleged City Code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the owner, license holder, or permit holder must notify the Administrative Services Coordinator in writing within 20 calendar days after the citation is mailed or personally served stating that the owner contests the alleged violation, the amount of the penalty or both. The written request must be accompanied by a fee for the cost of the hearing.

Subd. 7. Administrative Citation Hearing.

A. Scheduling the Hearing.

After receipt of the written notice to contest the citation as provided in Section 1.20 Subdivision 6, the Administrative Services Coordinator shall schedule a hearing before an independent hearing Board or Commission, depending on the violation, which will be held within 60 days, unless otherwise agreed to in writing by the parties. The Administrative Services Coordinator shall notify the owner of the date, time, and location of the hearing.

B. Independent Hearing Officer.

An independent Hearing Officer, which shall be the City Planning Commission or Housing Appeals Board depending on the violation, shall preside over the administrative citation hearing. Items relating to Building Code or Fire Code shall be referred to the Housing Appeals Board; all other items shall be referred to the City Planning Commission.

C. Conduct of the Administrative Citation Hearing.

At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply.

The Hearing Officer shall receive and give weight to the evidence, including hearsay evidence.

The hearing shall be recorded and a full record of the proceedings shall be maintained by the City according to its data retention schedule.

D. Authority of Hearing Officer.

The independent Hearing Officer has the authority to do any of the following, or a combination thereof:

1) Make a finding that a violation has occurred;

2) Reduce, stay, or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions;

3) Require compliance with the City Code within a specified timeframe;

4) Make a finding that no violation has occurred and dismiss the administrative citation.

E. Decision and Order.

The Hearing Officer may announce a decision at the conclusion of the hearing or may take the matter under advisement. The Hearing Officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 45 days after the hearing. Any administrative civil penalty that the independent Hearing Officer imposes must be paid to the City within the timeframe established in the order. If no date is specified, it must be paid within 30 days of the Hearing Officer's order. If the administrative civil penalty is not paid, the City may assess the civil penalty against the owner's property if appropriate. If the Hearing Officer determines that no violation occurred, then the City may not proceed with criminal prosecution for the same act or conduct. A determination of no violation shall not preclude the City from issuing administrative citations or proceeding with criminal prosecution for subsequent acts or conduct.

F. Hearing Cost.

If the violation is upheld, then the City shall not refund the cost of the hearing.

G. Failure to Appear.

Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the owner fails to appear, the administrative citation shall be sustained. If the City fails to appear, the administrative citation shall be dismissed.

Subd. 8. Appeal.

The Hearing Officer's decision is final and may only be appealed to the Minnesota Court of Appeals by either party.

Subd. 9. Schedule of Administrative Civil Penalties.

The City shall adopt a fee schedule of administrative civil penalties for City Code violations by resolution. The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum penalty authorized by state law for an administrative process.