DISCLAIMER

07-0495R


RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTION 19 OF THE DULUTH CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER.

BY PRESIDENT STOVER:

     WHEREAS, pursuant to Minnesota Statutes Annotated, Section 410.12, subd. 7, the Charter commission has recommended to the city council that it adopt an ordinance amending Section 19 of the City Charter pertaining to selection and tenure of the chief administrative officer; and

     WHEREAS, said Section 410.12, subd. 7, requires that before the council, upon recommendation of the Charter commission, may adopt an ordinance amending the Charter, it must first hold a public hearing on the matter upon two weeks published notice of the text of the proposed ordinance.

     NOW, THEREFORE, BE IT RESOLVED, that a public hearing on the proposed amendments to the City Charter is hereby called for August 13, 2007, at 7:00 p.m., in the Council Chamber at Duluth City Hall, and the city clerk is hereby authorized and directed to cause to be published in the Duluth News Tribune a notice of such hearing, as required by law, and the full text of the proposed ordinance, said notice of hearing to be in the following form:

NOTICE OF HEARING

Pursuant to Minnesota Statutes Annotated, Section 410.12, subd. 7, notice is hereby given by the city of Duluth that on August 13, 2007, at 7:00 p.m., in the Council Chamber at Duluth City Hall, the city council of the city of Duluth will conduct a public hearing on the question of the adoption of an ordinance amending Section 19 of the City Charter in the manner hereinafter set forth:

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 19 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER.

BY PRESIDENT STOVER:

The city of Duluth does ordain:

     Section 1. That Section 19 of the 1912 City Charter, as amended, be amended to read as follows:

     Section 19. There is hereby established the office of chief administrative officer, who shall be appointed by the mayor, subject to the approval by majority vote of the city council, for an indefinite term and may be removed at the pleasure of the mayor. A duly appointed and confirmed chief administrative officer may be terminated by the mayor with the consent of the city council by a simple majority vote. The chief administrative officer shall be the mayor's principal assistant. Such assistant shall be appointed based solely on the ability to perform the duties and functions of the office, as set forth in this Charter, and. The chief administrative officer (i) shall be an ICMA credentialed city manager or meet the qualifications to be an ICMA credentialed city manager, or (ii) shall have had, during the ten years immediately preceding appointment, at least five years of successful experience as an executive or administrator in business or public administration, such as would qualify a person for the performance of these the duties. Should the mayor fail to appoint a chief administrative officer within ninety days of the effective date of this amendment, or within ninety days of the occurrence of any vacancy in the position, the council shall make the appointment of an individual meeting the qualifications set forth in this Charter. The mayor may assign any other officer or employee of the city to perform the duties of the chief administrative officer during the vacancy of that office or absence or disability of that officer. The chief administrative officer, under the supervision of the mayor and subject to direction by the mayor, shall supervise the heads of all departments except the city attorney; appoint, with the approval of the mayor and the council, and remove, with the approval of the mayor, the heads of all departments; keep informed and keep the mayor advised concerning the activities of all offices, departments and boards and make, or cause to be made, investigations and studies of the internal organization and procedure of any office or department, and may require such reports from any of them which such assistant deems necessary; prescribe accepted standards of administrative practice to be followed by all offices and departments; prepare the annual operating and capital budgets and supervise the execution of budget ordinances; make information available to the mayor, the council and the public concerning the current status of the financial affairs of the city and all offices, departments and boards receiving appropriations from the city; attend meetings of the council at its request, and make available such information as it may require; perform all other duties required of such officer by this Charter, or by ordinance or assigned to such officer in writing by the mayor.

     The mayor, by prior written notice directed to the chief administrative officer, and subject to approval by a majority vote, may relieve the chief administrative officer of any duties, powers or responsibilities granted the chief administrative officer by the terms of this Charter. Such written notice, signed by the mayor, shall be filed with the city clerk as a document of public record.

     The chief administrative officer is forbidden to use official authority or influence for the purpose of affecting or interfering with a nomination or election to municipal office; or directly or indirectly to coerce, attempt to coerce, command or advise any municipal officer or servant or employee to pay, lend or contribute any part of such person's salary or compensation or anything else of value to any party, committee, organization, agency or person for municipal political purposes. The chief administrative officer is forbidden to make any contributions for municipal political purposes, but shall have full right to hold personal political beliefs and to speak on municipal issues.

     The sole ground for removal of the chief administrative officer by the council shall be the finding by the council, based on due proof submitted to the council upon a hearing held upon notice for that purpose, that the chief administrative officer has violated the terms of the Charter restricting the political activity of such officer.

     Section 2. That this ordinance shall take effect 90 days after its passage and publication.


STATEMENT OF PURPOSE:  This resolution sets the Duluth City Council public hearing date of August 13, 2007, at 7:00 p.m., regarding the proposed amendments to Section 19 of the Duluth City Charter pertaining to selection and tenure of the chief administrative officer. The Charter commission approved the proposed amendments at their July 11, 2007, meeting.