Memo- Chemical Health Commission Bylaw Changes
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Crime Prevention Office
Memo
To: Honorable Mayor and Members of the City Council
From: Connie Kurtz, Staff Liaison, Chemical Health Commission
Date: January 24,2000
Re: Chemical Health Commission Bylaw Changes
At the December 7,1999 council meeting, I presented to you the proposed changes to the
Chemical Health Commission bylaws. These changes will update the bylaws regarding
staffing changes, membership, current duties and objectives of the Commission and bring
the Amendment to Bylaws policy in fine with other Hopkins Boards and Commissions.
At the December council meeting, Councilmember Johnson expressed concern over one
element of the proposed change regarding the Commission's desire to be able to "furnish
advice and recommendations to the City pursuant to liquor and tobacco licensingP. This
language already exists in the original bylaws. The Commission only added the word
"tobacco" .
Commission chair Terry Sweeney and I would like an opportunity to hear and discuss any
concerns regarding the proposed bylaw changes with the Council at the work: session on
February 8.
Hopkins Chemical Health Commission By-law Changes
. Underlined wording indicates new or previously used language
Article III Duties & Objectives
3.1 Change to read, "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 ranQinQ from liquor. tobacco and other druQ
violations and IicensinQ, to the establishment of proarams directly related
to chemical health.
3.2 Change to read, "The obiectives of the Commission are to assess alcohol.
tobacco and other drua abuse problems in the community as well as
encouraae and promote chemical health education. To bring about the
achievement of these objectives, the Commission shall:
(a) review and recommend to the City Council for adoption statutes. city
policies and ordinances pertainina to reducina the use and abuse of
alcohol. tobacco and other druQs,
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(b) promote chemical health education in cooperation with Qovernment.
community. schools, parents. students and other ofQanizations,
(c) furnish advice and recommendations to the City pursuant to liquor and
tobacco IicensinQ.
(d) provide a forum for community discussion of chemical health issues.
Article IV Membership
4.1 Number. CHANGE TO READ:
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; (ii) a desianated 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 tenns of
office shall be for two years.
ADD: ""The Commission may have ex-officio members serve on the
Commission in an advisory capacity. Ex-officio members are non-votinq
members.
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The Commission may choose to have members of the health community
participate in an advisory capacity.
4.2 Terms. DELETE, "The Council member shall serve for a term of one year and
may be eligible for a consecutive one year reappointment."
Article VI Election of Officers
6.3 DELETE "9"
Article IX Meeting Procedure
9.6 Non AQenda Matters. DELETE "6"
Article X Amendment to By-laW'S
10.1 Amendment Procedure. DELETE last sentence of paragraph - "All such
amendments shall be submitted to the City Council for final approval."
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C\ARRSt-JI
Bi LAw S
CITY OF HOPKINS
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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 Hop-
kins 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 r
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 outlinea herein .. ......~..--!
ARTICLE III
DUTIES AND OBJECTIVE
3.1 The Commission is designed to serve in an advisory capacity to the City Council
and Administration.
3.2 The objectives of the Commission are to encourage and pro~ote chemical
health education within the community, maintain liaison in communication be-
tween the City and all entities involved in the sale, distribution and use of alco-
holic products. To bring about the achievement of these objectives, the
Commission shall:
recommend community policies for retail dealers,
(a)
(b)
promote public awareness of alcohol consumption in a safe and legal
fashion,
(c)
furnish advice and recommendations to the City pursuant to liquor license l
applications and renewals,
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(d) review and recommend to the City Council for adoption statutes, ordi-
nances and regulations pertaining to the sale, distribution and use of in-
toxicating beverages and products,
(e) serve as a forum for citizens, liquor retailers and other community inter-
ests for th,e expression of problems, concerns and needs,
(f) initiate programs and otherwise promote chemical health education within
the community in cooperation with schools, parents, students and
merchants,
(g) undertake studies and reports on related subjects as may be directed by
the City from time to time.
ARTICLE IV
MEMBERSHIP
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4.1 Number. Said Commission shall consisl ot (I) 9 persons appointed by the Mayor
who need not be a resident of the City of Hopkins to qualify for appoint; (ii) a
designated Police Officer and City Council member shall serve as nonvoting ex-
officio members. 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.
4.2 Terms. Four members shall be .appointed on July 1st of each odd numbered
year and 5 members shall be appointed on July 1 st of each even numbered
year. Members appointed to complete a current term of office shall be consid-
ered t.o have served a term of office if the appointment is to an office which 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. Mem-
bers shall serve no more than two consecutive terms of office. ,The Council
member shall serve for a term of one year and may be eligible fOr a consecutive
one year reappointment. '
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 Com-
mission 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 mem-
bers 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
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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 a 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 the other commissioners, as-
sist City Administration in preparing annual Commission budget, and carry out
such other duties as are assigned by tha Commission.
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5.3 Duties of the 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
chairman. .
5.4
Duties of the Secretary. The secretary shall oversee the notifying of all mem-
bers of meetings, drafting and circulating agendas, keeping on file all official re-
cords and reports of the Commission, keeping written record of Commission
meetings, transactions and actions, serving required notices of all public hear-
ings and public meetings. maintaining and circulating information and carrying
out such other duties as are assigned by the Commission.
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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
serve until replaced by a duly elected officer in accord with these procedures.
6.2 Nominatina 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 Maioritv Reauired. Candidates for office receiving a majority vote of the entire
voting membership t> shall be declared duly elected.
6.4 Date of Office. Newly elected officers shall take office immediately upon
election. "--
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6.5 Vacancies. Vacancies occurring in offices of the Commission shall be filled
forthwith by regular election procedures.
ARTICLE VII
MEETINGS
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7.2 Reaular meetinas. 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 Meetinas. Special meetings may be called at the discretion of the chair,
or by the written request of at least three members who shall convey such re-
quest to the secretary.
7.4 Notice of Meetinas. 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 sh~"
be sent to all Commission members at least five days in advance of such meet-
ing and notice in writing of any special meeting shall be sent to all Commission
members at least two days prior to such meeting and shall state the time, place,
purpose and agenda of such meeting.
ARTICLE VIII
PRE-MEETING PROCEDURES
8.1 Aaenda. The agenda for each meeting of the Commission may be provided in
writing by the secretary of the Commission.
ARTICLE XI
MEETING PROCEDURE
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9.1 Rules of Order. Unless otherwise specifically designated, Roberts Rulcls of Or-
der, as most recently revised, shall govern meeting procedures. However delib-
erative sessions of the Commission shall be conducted as informally as
possible.
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. 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.
9.3 Conflict of Interest. Whenever a Commission member shall have a direct or indi-
rect personal or financial interest in an application or petition ~efore the Com-
mission, such member shall declare such interest and shall not participate in any
hearing on said matter; shall absent from all deliberative sessions or Commis-
sion 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 with the conflict shall be required to
leave the room during the voting.
9.4 Susoension 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 action shall be taken on any agenda
matter except at public, annual, regular, or special meetings.
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e 9.6 Non Aaenda Matters. 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 (p) of the entire membership.
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9.7 Continuina. A continuing motion, if passed, has the effect of laying the matter
over until the next regular meeting unless otherwise specified.
9.8 Tablina. 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 BY-LAWS
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10.1 Amendment Procedure. These by-laws and rules of procedure may be amended
at any regular meeting by a two-thirds vote of Commissioners in attendance and
notice and copies of any proposed amendments shall be given all Commission-
ers along with meeting notice. Each Commissioner will receive at least 15 days
written notice of intent to amend, including the date, time and place such amend-
ment will be voted on, and an exact copy of the amendment as proposed.
Amendments require two-thirds vote of the entire membership of the Commis-
sion for passage; and in such instance only, Commission members will be ~
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allowed to vote. by written proxy. All such amendments shall be submitted to the ....
City Council for final approval. -
10.2 On June 4, 1990 at the regular monthly meeting of the commission, the following
amendment has been changed:
7.1 ANNUAL MEETING
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 may be acted upon.
ARTICLE XI
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E.FFECTIVE DATE .
11.1 These by-laws shall take effect on December 6, 1988 .
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