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CR 02-135 Chemical Health Commission Bylaws Amendment " .. . August 20, 2002 Council Report 2002-135 CHEMICAL HEALTH COMMISSION BYLAWS AMENDMENT TO THE TERM LIMITS REQUIREMENT Proposed Action Staff recommends adoption of the following motion: Move that Council approve the amended wording in the Chemical Health Commission Bylaws under Article IV Membership 4.2 Terms to allow members to serve more than two consecutive terms. Overview Chemical Health Commission Bylaws read, "Members shall serve no more than . two consecutive terms of office", The Hopkins Chemical Health Commission met on MandaYI August 51 2002. A motion was made, seconded and unanimously approved that the bylaws be amended to read, IIMembers shall be permitted to remain on the commission until such time as the maximum number of nine (9) members has been reached. At such time, the senior member shall have the option to remain as a non-voting ex- officio. Primary Issue to Consider . Would this change prevent other individuals from being appointed to the Commission? Supporting Information . Chemical Health Commission Bylaws . Chemical Health Commission Meeting Minutes ,j (tf)r'\.L\~ n." 0. c IcJ . Kat erine Magdal, P lit;; Services Liaison Hopkins Police Department ------ .- . Council Report 2002-135 Page 2 Analysis of Issue: Would this change prevent other individuals from being appointed to the Commission? The Chemical Health Commission can have as many as nine members. Presently there are 4 members (2 of which are student reps), 1 staff liaison and 1 ex-officio on the Commission. Allowing members to serve more than two consecutive terms is unlikely to prevent anyone new from serving on the Commission because of lack of openings on the Commission. To prevent this from happening, the proposed language would not allow a member to serve in any capacity other than ex-officio if membership reached its maximum allowed number. . Alternatives 1. Approve Motion to Amend Chemical Health Commission Bylaws. 2. Continue for further discussion. Staff recommends Alternative #1. . . CITY OF HOPKINS CHEMICAL HEALTH COMMISSION BYLAWS ARTICLE I IDENTITY 1 .1 This organization shall be known as the Hopkins Chemical Health Commission of the City of Hopkins. '1.2 The administrative offices and mailing address of the Commission shall be Hopkins City Hall, 1010 First Street South, Hopkins Minnesota 55343. ARTICLE II ORIGIN AND POWERS . 2.1 The Chemical Health Commission was created by Resolution of the City Council dated December 6, 1988. The Commission serves in an advisory capacity to and for the City Council in the performance of duties as may be directed by the City Council from time to time and as more specifically outlined herein. ARTICLE III PURPOSE 3.1 The Commission is designed to serve in an advisory capacity to the City Council and Administration. In its capacity, the Commission has the authority to conduct research, make recommendations to the City Council and Administration on issues ranging from liquor, tobacco and other drug violations and licensing policies, to the establishment of programs directly related to chemical health. 3.2 The purpose of the Commission is to assess alcohol, tobacco and other drug abuse problems in the community as well as encourage and promote chemical health education. . ARTICLE IV . MEMBERSHIP -1 1 Number Said Commission sha!1 consist of (i) at least 6 but no more than 'J ., persons appointed by the Mayor who need not be a resident of the City ot Hopkins to qualify for appointment: (H) designated police department representative shall serve as a nonvoting ex-officio member. All other members shall have the right to vote on all matters brought before the Commission. Member terms of office shall be for two years The Commission may have ekofficio members serve on the Commission in an advisory capacity. Ex-officio members are nonvoting members The Commission may choose to have members of the health community participate in an advisory capacity. '1 eo Terms. Four members shall be appointed on July 1st of each odd numbered ~'. "- year and 5 members shall be appointed on July 1st of each even numbered year. Members appointed to complete a current term of office shall be considered to have served a term of office if the appointment is to an office wtlich is less than half completed. If the appointment is to an office 'Which is more than half completed, the appointment will not be considered a term of office. Members shall serve no more than two consecutive terms of office. e 4.3 Removal. Members may be subject to removal by the Mayor, for cause, but only after Council approval, after notice and opportunity for a hearing before the Council 4.4 Absenteeism. If any member fails to attend four regular meetings of the Commission per year, notice of such failure may be cause for removal and forwarded by the Chair to the Mayor and Council with the request for removal of such members from the Commission. 4.5 Expenses. Members shall serve 'Nithout salary, but costs of sending notices, preparing and distributing minutes and other clerical expenses shall be paid by the City from the general fund together with such extraordinary expenses as are authOrized by the City COLlncil. . . ARTICLE IV MEMBERSHIP 4.1 Number. Said Commission shall consist of (i) at least 6 but no more than 9 persons appointed by the Mayor who need not be a resident of the City of Hopkins to qualify for appointment: (i i) designated police department representative shall serve as a nonvoting ex-officio member. All other members shall have the right to vote on all matters brought before the Commission. Member terms of office shall be for two years. The Commission may have ex-officio members serve on the Commission in an advisory capacity Ex-officio members are nonvoting members. The Commission may choose to have members of the health community participate in an advisory capacity. 4.2 Terms. Four members shall be appointed on July 1 st of each odd numbered year and 5 members shall be appointed on July 1 sl of each even numbered year. Members appointed to complete a current term of office shall be considered to have served a term of office if the appointment is to an office vvhich is less than half completed. If the appoit)tment is to an office which is more than half completed, the appointment will not be considered a term of . office. Members shall serve no more than two consecutive terms of office. 4.3 Removal. Members may be subject to removal by the Mayor, for cause, but only after Council approval, after notice and opportunity for a hearing before the Council. 4.4 Absenteeism. If any member fails to attend four regular meetings of the Commission per year, notice of such failure may be cause for removal and forwarded by the Chair to the Mayor and Council with the request for removal of such members from the Commission. 4.5 Expenses. Members shall serve without salary, but costs of sending notices, preparing and distributing minutes and other clerical expenses shall be paid by the City from the general fund together with such extraordinary expenses as are authorized by the City CounciL . . ARTICLE V OFFICERS AND DUTIES 5.1 Titles The officers of this Commission shall be chair. vice-chair and secretary. 5.2 Duties of the Chair. The chair shall preside at all meetings, appoint committees, rule on procedural questions subject to reversal by a two-thirds vote of members in attendance, exercise the same voting rights as other commissioners, assist City Administration in preparing annual Commission budget, and carry out such other duties as are assigned by the Commission. 53 Duties of Vice-Chair. The vice-chair shall act in the absence or inability of the chair to act and in such instances shall have the powers and functions of the chair. 5.4 Duties of the Secretary. The secretary shall oversee the notifying of all members of meetings, drafting and circulating agendas, keeping on file all official records and reports of the Commission, keeping written record of the Commission meetings, transactions and actions, serving required notices of all public hearings and public meetings, maintaining and circulating information and carrying out such other duties as are assigned by the Commission. . ARTICLE VI ELECTION OF OFFICERS 6.1 Term. Officers shall be elected by secret ballot at the annual meeting of the Commission. Terms of office shall be for one year and no member shall hold the office of chair or vice-chair for more than two years consecutively. Officers shall service until replaced by a duly elected officer in accord with these procedures. 6.2 Nominatinq Committee. The chair may appoint a nominating committee to report to the Commission prior to election, but nomination of officers may also be made from the floor. 6.3 Majority Required. Candidates for office receiving a majority vote of the entire voting membership shall be declared duly elected. 6.4 Date of Office. Newly elected officers shall take office immediately upon election. 6.5 Vacancies. Vacancies occurring in offices of the Commission shall be filled . forthwith by regular election procedures. ARTICLE VU . MEETINGS 7 1 Annual Meetinos An annual organizational meeting shall be held at the regular meeting in August of each year. Election of officers shall be conducted and proposed amendments to byla'NS acted upon. ?.2 ReQular Meetinqs. Regular meetings of the Commission shall be held on the first Monday of each month at a time and place agreed upon by the Commission at a prior meeting. In the event that the regular meeting date falls on a legal holiday, the meeting shall be held on a date determined by the Commission. "7.3 Special Meetinos. Special meetings may be called at the discretion of the chair, or by 'hfitten request of at least three members 'MlO shall convey such request to the secretary. 74 Notice of Meetinos. Notice in vvriting of annual meetings setting forth the time and place thereof shall be delivered to all Commission members at least seven days in advance of such meeting; notice in writing of each regular meeting shall be sent to all Commission members at least five days in advance of such meeting and notice of any special meeting shall be sent to all Commission members at least t\^IO days prior to such meeting and shaH state . the time, place, purpose and agenda of such meeting. ARTICLE VIII PRE.MEETlNG PROCEDURES 8.1 AQenda. The agenda for each meeting of the Commission may be provided in VvTiting by the secretary of the Commission. ARTICLE IX MEETING PROCEDURE 9.1 Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern meeting procedures. Hovvever deliberative sessions of the Commission shall be conducted as informally as possible. 9.2 Quorum. A majority of the membership of the Commission shall constitute a quorum for meeting purposes; however, no less than 3 affirmative or negative votes shall be required to transact business or make binding decisions on behalf of the Commission. Ex-officio members are eligible for the purpose of . declaring a quorum but are nonvoting members. . ARTICLE VII MEETINGS 71 Annual Meetinos. An annual organizational meeting shall be held at the regular meeting in August of each year. Election of officers shall be conducted and proposed amendments to bylaws acted upon. 7.2 Reqular MeetinQs. Regular meetings of the Commission shall be held on the first Monday of each month at a time and place agreed upon by the Commission at a prior meeting. In the event that the regular meeting date falls on a legal holiday, the meeting shall be held on a date determined by the Commission. 7.3 SPecial Meetings. Special meetings may be called at the discretion of the chair, or by written request of at least three members who shall convey such request to the secretary. 7.4 Notice of MeetinQs. Notice in writing of annual meetings setting forth the time and place thereof shall be delivered to all Commission members at least seven days in advance of such meeting; notice in writing of each regular meeting shall be sent to all Commission members at least five days in advance of such meeting and notice of any special meeting shall be sent to all . Commission members at least tvvo days prior to such meeting and shall state the time, place, purpose and agenda of such meeting. ARTICLE VIII PRE-MEETING PROCEDURES 8.1 Agenda. The agenda for each meeting of the Commission may be provided in 'Nriting by the secretary of the Commission. ARTICLE IX MEETING PROCEDURE 9.1 Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern meeting procedures. However deliberative sessions of the Commission shall be conducted as informally as possible. 9.2 Quorum. A majority of the membership of the Commission shall constitute a quorum for meeting purposes; however, no less than 3 affirmative or negative votes shall be required to transact business or make binding decisions on . behalf of the Commission. Ex-officio members are eligible for the purpose of declaring a quorum but are nonvoting members. ----- . . . 93 Conflict of Interest. V'Jhenever a Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Commission, such member shall declare such interest and shall not particIpate in any hearing on said matter; shall absent from all deliberative sessions or Commission discussion on said matter; and shall in no event vote upon said matter. When there is question as to the existence of a conflict of interest, the Chair shall make ruling thereon. The member vvith the conflict shall be required to leave the room during the voting. 9.4 Suspension of Rules. The Commission may temporarily suspend its rules by a three-fourths vote of members in attendance. 9.5 Dispensation. A motion must be made and voted upon in order to dispense with any item on the agenda. No binding or final actlon shall be taken on any agenda matter except at public, annual, regular or special meetings. 9.6 Non Aqenda Matter. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or two-thirds of the entire membership 9.7 ContinuinQ. A continuing motion, jf passed, has the effect of laying the matter . over until the next regular meeting unless otherwise specified. 9.8 TablinQ. A tabling motion, if passed, has the effect of laying the matter over in definitely or until removed from the table, ARTICLE X AMENDMENT TO BYLAWS 10.1 Amendment Procedure. These bylaws and rules of procedure may be amended at any regular meeting by two-thirds vote of the Commissioners in attendance and notice and copies of any proposed amendments shall be given all Commissioners along with meeting notice. Each Commissioner \Nill receive at least 15 days vvritten notice of intent to amend, including the date, time and place such amendment will be voted on, and an exact copy of the amendment as proposed, Amendments require two-thirds vote of the entire membership of the Commission for passage; and in such instance only, Commission members will be allowed to vote by written proxy ARTICLE XI EFFECTIVE DATE . 11.1 These bylavvs shall take effect on March 21,2000 ;"lL:G-Ot,~2002 08:22 p , ~12iZ!2 , CHEtvllCAL HEALTH COMJ\1ISSION . 1vfEETING MINUTES AUGUST 5, 2002 Present: Maureen .4Jlen, Kathy Magda}, Barbara MacIntosh, Jessica Kemmer, Corey Meier and Andrea Stacken The meeting was caUed to order at 7 :08 PM. There was a quorum present so we could have a voting meeting. . Read and approved meeting minutes from June 3rd meeting . Motion was made and approved to change the wording oHhe ByLaws for the Chemical Health Commission as it applies to section 4.2 Terms, The last sentence use to say, '~embers shall serve no more than two consecutive tenns of office". It was replaced with the following wording: "'Members shaU be permitted to remain on the commission until such time as the maximum number of nine (9) members has been reached. At such time, the senior member shall have the option to remain as a non-voting ex-officio." This change passed unanimously. . We talked further about recruitment for our commission. Ads have been placed in both the Sun Sailor and the Hopkins Highlights, and we had some responscj but no new members as a . result. Here are some other things that we will try to increase our membership: 1. Put a notice in the staff lounges around the schools in the district 2. Send out a notice to the parents in the district newsletter 3. Put up a recruitment poster at the Depot Coffee House 4. Check with the senior center to see if we can put up a poster/flyers at the center . We found out that Jessica Kemmers application was accepted and that she will be sworn in on Aug. 201h. She will be a member with full voting rights. even though she docs report to Sharon McDonald, in Sharons' absence from ourmeerings. . The Depot had a policy change as of July 1 st to make sure the ages for admittance on the weekend activities went back to ages 14-18 year oIds. They have grant money to help provide security for the weekend events and larger public events. They are also talking about having a 100 yr anniversary celebration this fall, since the Depot buildi..l1g will be 100, as it was constructed in 1902. . We have some concern about the new Tobacco/Gift shop at 12 Suburban Square. It only advertises fur cigarettes and the; new flyer only has discounts and coupons for cigarettes, not any mention of gifts, except in smaller print on the name portlOn ofthe flyer. Tobacco is twice the font size of the word Gifts. We are very concerned that they are just on the edge of compliance with their permit for being in that space. . . Next meeting will be September 9tb, the second Monday. because cfLabor Day Holiday . We adjourned at 8: t 2 PM. TnTAI P.02