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CR 2000-029 Chemical Health Commission Bylaw Changes . . . "\ y o March 21, 2000 ~ -Y '" o P K \ '" Council Report #2000-29 CHEMICAL HEALTH COMMISSION BYLAW CHANGES Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve the chanaes to the Chemical Health Commission bylaws. Approval of these changes will update the Chemical Health Commission bylaws in regard to staffing changes, membership clarification, current duties and purpose of the Commission and bring the Amendment to Bylaws policy in line with other Boards and Commissions in the City of Hopkins. Overview The Chemical Health Commission originally started as the Liquor Commission in 1987. At that time, the duties and objectives of the Commission were to promote health education in the community, maintain liaison between the city and all entities involved in the sale, distribution and use of alcohol. Over the years the Commission has evolved from dealing exclusively with liquor issues to focusing on "chemical health issues" which now include alcohol, tobacco and other drugs. The current bylaws were instituted in 1988 and have not been updated since inception. In addition, the Chemical Health Commission is the only Board or Commission in the City that must obtain Council approval for any bylaw changes. Supportina Information . Current Chemical Health Commission bylaws with proposed changes co=~ Staff Liaison, Chemical Health Commission . . e 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 DUTIES AND OBJECTIVES 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 ranqinq from liquor. tobacco and other druq violations and licensinq policies. to the establishment of proqrams directly related to chemical health. 3.2 The purpose of the Commission is to assess alcohol. tobacco and other druQ abuse problems in the community as well as encouraqe and promote chemical health education. ~ The objectives of the Commission are to 3ssess alcohol, tobacco 3nd other drugs abuse problems in the community as well as encourage and promote chemical he 31th education. To bring about the achie':ement of these objectives, the Commission shall: . faj revie'.?/ and recommend to the City Council for 3doption statutes, city policies and ordinances pertaining to reducing the use and abuse of alcohol, tobacco and other drugs, fbj W promote chemical health education in cooperation with government, community, schools, parents, students and other organizations, furnish ad'lice and recommendations to the City pursuant to liquor and tobacco licensing, fGt pro':ido a fnrum for community discussion of chemic31 health issues. 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; (ii) designated Police Officer and City Council member a desionated 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 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 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. Members shall serve no more than two consecutive terms of office. The Council member shall serve for a term of one yem and m3Y 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 e 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. 5.3 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 Nominating 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 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 VII 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 bylaws acted upon. 7.2 Reoular 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 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 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 Aoenda. The agenda for each meeting of the Commission may be provided in writing 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. . 9.3 Conflict of Interest. Whenever 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 with 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 action shall be taken on any agenda matter except at public, annual, regular or special meetings. 9.6 Non Aoenda 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 Continuino. A continuing motion, if passed, has the effect of laying the matter over until the next regular meeting unless otherwise specified. 9.8 Tablino. A tabling motion, if passed, has the effect of laying the matter over in definitely or until removed from the table. e e 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 will receive at least 15 days written 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_ ,A.l1 such amendments shall be submitted to the City Council for final appro'.'al. ARTICLE XI EFFECTIVE DArE 11.1 These bylaws shall take effect on March 21, 2000 . e