DISCLAIMER

07-0496R


RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTION 26 OF THE DULUTH CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY.

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 26 of the City Charter pertaining to selection and tenure of the city attorney; 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 26 of the City Charter in the manner hereinafter set forth:

ORDINANCE NO. __________

AN ORDINANCE AMENDING SECTION 26 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY.

BY PRESIDENT STOVER:

The city of Duluth does ordain:

     Section 1. That Section 26 of the 1912 City Charter, as amended, be amended to read as follows:

     Section 26.The mayor, with the approval of a majority of members of the council, shall appoint a qualified city attorney. The city attorney’s appointment shall be subject to confirmation by the city council by a simple majority vote. The attorney shall be the legal advisor of the council and of the officers of the city and shall, under the direction of the council, prosecute all suits for, and defend all suits brought against, the city, and shall prosecute all persons accused of any violation of city ordinances. The attorney shall perform such other and further duties as are required by the laws of the state, by the provisions of this Charter, or by the council. The council may employ special counsel to assist the attorney in special matters at a compensation to be fixed in advance, and by a two-thirds vote of its entire membership may employ special counsel for itself. The attorney shall have the power to appoint and remove assistant city attorneys. The attorney and assistant city attorneys shall be attorneys admitted to practice in all of the courts of the state of Minnesota. A duly appointed and confirmed city attorney may be terminated by the mayor with the consent of the city council by a simple majority vote of the city council.

     If a conflict of interest arises that prevents the city attorney and the city attorney’s staff from performing the duties of the city attorney required by the laws of the state, by the provisions of this Charter, or by the council, the city attorney shall promptly report to the mayor and the city council, in writing, the conflict and the manner in which the conflict prevents the city attorney and the city attorney’s staff from performing the city attorney’s duties. If the conflict relates to the business or personal interest of the city attorney, then the mayor may, subject to confirmation by the city council by a simple majority vote, engage an independent counsel to represent the city in the matter with respect to which the conflict exists. If the conflict arises out of actions taken or purported to be taken by the mayor, the city council may, by a simple majority vote, engage an independent counsel to perform the duty the city attorney cannot fulfill because of the conflict.

     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 26 of the Duluth City Charter pertaining to selection and tenure of the city attorney. The Charter commission approved the proposed amendments at their July 11, 2007, meeting.