CR2002-039 Ord 867 Amending Charter
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.a,.Ch 19, 2002 Council Report 2002-39
FIRST READING OF
ORDINANCE 2002-867
Proposed Action
Staff recommends that the Council approve the following motion: Approve Ordinance 2002-867 for first
reading.
This action will continue the process of amending the Charter.
Overview
Ordinance 2002-867 amends the City Chmiel' by establishing a Police Review Committee. The Committee is
designed to replace the Police Civil Service Commission. The Committee would take on the Civil Service
Commission's role as an arbiter of disciplinary actions.
A companion ordinance, 2002-868, will actually establish the procedures of the Committee.
.ll~ to a..de~ay in the publication of the ordinance, staff is recommending that the public hearing be continued
mtll Aplll ~.
Primary Issues to Consider
. Why is it necessary to amend the Charter?
. W11at is the process for amending the City Charter?
Supportill1! Information
. Analysis of the issues.
. A I ternati v es
. Ordinance 2002-867
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James A. Gene]]ie
Assistant City Manager
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"ouncil Report 2002-39
Page 2
Analysis of the Issues
Why is it necessary to amend the Charter?
Section 6.02, Subdivision 3 of the City Chmier states:
Subdivision 3. Except as in this Charter otherwise provided, the Manager shall appoint and may remove all
employees. All appointments shall be upon merit and fitness alone and in conformance with state and federal
laws.
]n order for the Police Review Committee to have authority over employees, its powers must derive
from the City Charter. It must be one of the specified exceptions to the City Manager's authority. This
was not necessary for the Police Civil Service Commission because it derives its powers ti.om state
statute.
What is the process for amending the City Charter?
The City Charter may be amended by Ordinance using the following procedure:
Upon recommendation of the Charter Commission, the City Council may enact a Charter Amendment
by Ordinance. Such an ordinance, if enacted, shall be adopted by the Council by an affinnative vote of
. all its members after a public hearing upon two weeks published notice containing the text of the
proposed amendment and shall be approved by the Mayor and published as in the case of other
ordinances. The City Council must adopt or reject the proposed ordinance in total. It Calmot amend the
ordinance. An ordinance amending a City Charter shall not become effective until 90 days after
passage and publication or at such later date as is fixed in the ordinance.
Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum
on the ordinance may be filed with the City Clerk. Such petition shall be sit,'11cd by qualified voters
equal in number to 2% of the total number of votes cast in the City at the last date general election or
2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance
shall not become effective until it is approved by the voters as in the case of charter amendments
submitted by the Charter Commission, the Council, or by petition of the voters, except that the Council
may submit the ordinance at any general or special election held at least 60 days after submission of the
petition, or it may reconsider its action in adopting the ordinance.
Altematives
1. Approve Ordinance 2002-867 for first reading.
2. Do not approve Ordinance 2002-867 for first reading and send the proposed ordinance back to the CharLer
. Commission for further action.
Staff recommends Altemative #1.
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2002-867
AN ORDINANCE FOR THE PURPOSE OF AMENDING THE HOPKINS CHARTER TO
CREATE A HOPKINS POLICE DEPARTMENT REVIEW COMMITTEE TO
PROVIDE AN AL TERNA TIVE APPEAL PROCESS OF DISCHARGE OR
DISCIPLINARY DECISIONS INVOLVING HOPKINS POLICE
DEPARTMENT EMPLOYEES
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
HOPKINS CITY CHARTER CHAPTER 6 SHALL BE AMENDED AS FOLLOWS:
Subdivision 6.a. shall be added and shall read as follows:
"There shall be a Hopkins Police Department Review Committee. The Committee shall be
three (3) Hopkins residents, appointed by the City Council, who shall not at the time of their service
be Hopkins employees or elected or appointed officials. The Committee shall, upon the request ofa
. Hopkins Police Department employee, review, and sustain, overturn or modify a discharge or
discipline action against the employee. The Committee's review shall be an alternative to any
arbitration or other type of hearing available to the employee, through a collective bargaining
agreement or by state or federal law. The Committee shall have the power to administer oaths and to
compel attendance of witnesses and the production of books, papers and documentary evidence. The
hearing shall be conducted pursuant to the standards and procedures estab Ii shed by the City Caunei]
by ordinance."
Severability. Every section, provision or pati of this Ordinance is declared severable fi-om
every other section, provision or part, If any portion of this Ordinance is held invalid or
unenforceable by a court of competent jurisdiction it shall not invalidate any other section, provision
or part of this Ordinance.
Effective Date. This Ordinance shall be effective ninety (90) days after its publication.
First reading: March 19,2002
Second reading: April 2, 2002
Date of Publication: April10,2002
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. Date Ordinance Takes Effect: July 10, 2002
Mayor
ATTEST:
Terry Obermaier, City Clerk
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