CR 2000-029 Chemical Health Commission Bylaw Changes
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March 21, 2000
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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
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Staff Liaison, Chemical Health Commission
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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:
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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,
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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,
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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.
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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
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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.
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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.
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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.
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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.
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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
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