Ch1.§5-8 · City of Nowthen public records

Nothing in this section shall prevent the city from taking such other actions as are permitted under law, and the penalties provided herein shall be cumulative.   # SECTION 6 RULES OF CONDUCT AT CITY MEETINGS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>1-6-1</td> <td>Presiding Officer</td> </tr> <tr> <td>1-6-2</td> <td>Preservation of Order</td> </tr> <tr> <td>1-6-3</td> <td>Appeal</td> </tr> <tr> <td>1-6-4</td> <td>Failure to Comply</td> </tr> </table> 1-6-1 PRESIDING OFFICER: 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 City Clerk shall call the meeting to order and shall preside until the council members present at the meeting choose one of their members to act temporarily as presiding officer. 1-6-2 PRESERVATION OF ORDER: The presiding officer shall preserve order, enforce the rules of procedure herein prescribed and determine without debate, subject to the final decision of the City Council on appeal, all questions of procedure and order. 1-6-3 APPEAL: A member may appeal to the City Council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved, and the presiding officer may explain the ruling, but no other councilmember shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. 1-6-4 FAILURE TO COMPLY: Whoever fails to comply with the City's adopted "Rules of Conduct at City Meetings" for public meetings or assemblies shall, after verbal notice by the presiding officer, be ordered by the presiding officer to leave and depart the premises and, upon failure to timely do so, shall be guilty of trespass. (Added April 10, 2018, Ordinance 2018-03)   # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA ## RULES OF CONDUCT FOR CITY MEETINGS Conduct at City Council and Committee meetings shall be governed by the following rules: 1\. It is requested that any persons wishing to speak to the Council or Committee shall state their name, address, and the subject matter upon which they wish to speak for the record. No person shall address the Council or a Committee until being recognized by the presiding officer. Persons addressing the body shall be limited to three minutes unless such time is extended by the presiding officer for good cause. 2\. Unless addressing the Council or Committee, or entering or leaving the meeting place, persons in the audience shall be seated and remain seated during the meeting. Unless necessary for medical or other reasons, persons shall not stand or sit in the aisles or along the walls, unless permitted by the presiding officer. No person shall block doorways. 3\. Demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct ofthe meeting are prohibited. 4\. Members of the audience and speakers shall not wear or display signs, placards, banners, hats, costumes or similar items that obstruct the view of other audience members. 5\. Members of the audience shall respect the rights of others and shall not engage in conduct that disrupts the orderly conduct of the meeting. Examples of prohibited disruptions include, but are not limited to, the utterance of loud, threatening or abusive language, whistling, clapping, stamping of feet, repeatedly waiving of arms or other disruptive acts. The presiding officer, with the assistance of the local law enforcement, shall be responsible for maintaining the order of the meeting. These rules shall be enforced as follows: The presiding officer has the authority to issue a warning to a person violating the rules. If the person continues to violate the rules and disrupt the meeting, the presiding officer will direct the person to depart the premises or be ejected from the premises. The ejection from a meeting shall remain effective for the remainder of the meeting session at which the rules violation occurred. (Added April 10, 2018, Ordinance 2018-03)   # SECTION 7 CITY COUNCIL VACANCY AND SPECIAL ELECTIONS ## 1-7-1 DEFINITIONS: For the purposes of this ordinance, the following terms shall have the following meanings: City. The City of Nowthen, County of Anoka, State of Minnesota. General Election. A "general election" is an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. Special Election. A "special election" is an election held at any time to fill vacancies in public offices. Vacancy. A vacancy occurs for the reasons stated in Minnesota Statute Section 351.02 or other state law. ## 1-7-2 STATUTORY AUTHORITY: A. Under Minn. Stat. § 205.10, Subd. 2, statutory cities may hold special elections in conjunction with the municipal general election to fill vacancies in elective City offices. Minn. Stat. § 412.02, Subd. 2a, provides for the procedure in filling these vacancies. B. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular City election and more than two 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. (Minn. Stat. § 412.02, Subd. 2a). C. 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 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. (Minn. Stat. § 412.02. Subd. 2a). D. The Council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular City election. (Minn. Stat. § 412.02. Subd. 2a).   ## 1-7-3 VACANCIES IN COUNCIL A. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such a vacancy and specify the date of occurrence of the vacancy within 15 days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to the official City newspaper on the next business day. The Mayor or Council member shall forfeit the office for: 1\. Lack at any time during the term of office of any qualification for the office prescribed by law. 2\. Conviction of a crime involving moral turpitude. 3\. Failure to attend regular meetings of the Council for a ninety-day period without being excused by the Council. 4\. Departure of residence from the city. B. If the unexpired term of the Council vacancy is less than two years from the date of the occurrence of the vacancy, the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy and the appointed person shall serve until the qualification of a successor at the next general election. If the unexpired term of the Council vacancy is two years or longer, a special election shall be called by the Council. The special election can be at the next general election. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office, shall be posted at City Hall and sent to the official City newspaper on the next business day. C. The City of Nowthen hereby provides the following procedure in filling the vacancy: 1\. The Council must appoint someone to fill the office. The appointee shall serve for the duration of the term or until such time as the seat is filled through the process of a special election. 2\. A special election shall be called by the City Council if the unexpired term of the Council vacancy is two years or longer. 3\. If a special election is required to fill a City Council vacancy, the City of Nowthen hereby provides the following procedure:   a. The City Council must by resolution order a special election and provide all means for holding it. b. The date designated by the City Council for special election shall comply with all applicable time frames under state law. The special election may take place at the following general election. c. If more than two candidates file for the unexpired term, a primary election shall be held. d. At least two weeks of weekly published notice of a special election shall be given in the official newspaper. e. The procedure at such an election shall conform as nearly as possible to that prescribed for regular municipal elections. f. Candidates must file with payment of the required filing fee to the Clerk; the Clerk shall place the name of the candidate upon the special primary election ballot without partisan designation. ## 1-7-4 PROCEDURES TO FILL COUNCIL VACANCIES BY APPOINTMENT: If the unexpired term of the Council vacancy is less than two years, the Council by majority vote of all its remaining members may appoint a qualified person to fill the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold the subject public office shall be posted at City Hall and sent to the official City newspaper on the next business day and shall include the following description of the application and appointment process, which shall be followed by the City Council: 1\. Uniform applications in a form approved by the City Council must be received by the City Clerk, not later than 14 days from the date of the declared vacancy. Application forms submitted by the applicants are public documents. Applications shall request, at a minimum, all information required by Minnesota Statutes of candidates filing for the office. Additional information forms may be adopted by the City Council and shall be required of each applicant uniformly. The applicant may submit a resume, in addition to the uniform application forms. 2\. Tentative interview scheduling shall be completed and posted at City Hall not later than 25 days from the declared vacancy. 3\. The interview process shall not start earlier than 14 days from the declared vacancy.   4\. Applicants shall be interviewed by the Council, in accordance with the State of Minnesota open meeting laws. 5\. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 6\. Selection process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. A simple majority of the Council votes shall appoint that applicant to the City Council. In the event of a tie vote of the Council, the Mayor shall make the appointment. ## 1-7-5 SEVERABILITY: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

Ch.1 § 5-8

Amendment history