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CR 99-213 Chemical Health Commission By-Law Changes \ "\ y 0 V k November 28, 1999 Council Report 99-213 o P K CHEMICAL HEALTH COMMISSION BY-LAW CHANGES Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve the chanoes to the Chemical Health Commission by-laws. Approval of these changes will update the Chemical Health Commission by-laws in regard to staffing changes, membership clarification, current duties and objectives of the Commission and bring the Amendment to By-laws 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 by-laws 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 by-law changes. SUPDortino Information . Current Chemical Health Commission By-laws . Approved By-law Changes Connie Kurtz Staff Liaison, Chemical Health Commission 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 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 { and for the City Council in the performance of duties as may be directed by the< ( City Council froin time to time and as more specifically outline a 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 promote 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: (a) recommend community policies for retail dealers, (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, 11 ( (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 the 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 ( 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 shali be appointed on July 1 st of each even numbered year. Members appointed to complete a current term of office shall be consid- ered 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. Mem- bers shall serve no more than two consecutive terms of office. iThe 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 12 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 T.itles. 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. 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 Secretarv. 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. ( 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 (9) shall be declared duly elected. 6.4 Date of Office. Newly elected officers shall take office immediately upon election. "- 13 6.5 Vacancies. Vacancies occurring in offices of the Commission shall be filled forthwith by regular election procedures. ARTICLE VII MEETINGS 7,,1 '. 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~1I be sent to all Commission members at least five days in advance of such me t- 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 ~ 9.1 Rules of Order. Unless otherwise specifically designated, Roberts RuldS 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. 14 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 before 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 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. I 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 (6) of the entire membership. 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 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 ~ 15 allowed to vot~ l?y 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:' L1 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. . . A~RTICL.E XI EFFECTIVE DATE' 11.1 These by-laws shall take _effect .on pecember 6, 1988 . / : ~ 16 " , Hopkins Chemical Health Commission By-law Changes **Highlighted wording indicates new 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 ranging from liquor, tobacco and other drug violations and licensing, to the establishment of programs directly related to chemical health. 3.2 Change to read, "The objectives of the Commission are to assess alcohol, tobacco and other drug abuse problems in the community as well as encourage 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 polici s and ordinances pertaining to reducing the use and abuse of alcohol, tobacco and other drugs, (b) promote chemical health education in cooperation with government, community, schools, parents, students and other organizations, (c) furnish advice and recommendations to the City pursuant to liquor and tobacco licensing, (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) up to 9 persons appointed by the Mayor who need not be a resident of the City of Hopkins to qualify for appointment; (ii) a 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. ADD: ""The Commission may have ex-officio members serve on the Commission in an advisory capacity. Ex-officio members are non-voting members. The Commission may choose to have members of the health community to 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 X Amendment to By-laws 10.1 Amendment Procedure. DELETE last sentence of paragraph - "All such amendment shall be submitted to the City Council for final approval."