Loading...
02-12-02 Charter Commission Regular MeetingCITY OF HOPKINS CHARTER COMMISSION AGENDA February 12, 2002 6:30 p.m. Conference Room 227 1. Call to Order 2. Roll Call 3. Approval of the Minutes of the Previous Meeting 4. Reports 5. Consideration of Communications 6. Old Business • Police Review Committee • Elimination of 20 day period for ordinances to become effective 7. New Business 8. Adjournment ATTACHMENTS: • Minutes of the February 5, 2002 Charter Commission meeting. • Commission Resolution 2002-1 recommending approval of Ordinance 2002-867 establishing a Police Review Committee • Commission Resolution 2002-2 recommending approval of Ordinance 2002-869 eliminating the 20 day period for ordinances to become effective • Ordinance 2002-867 • Ordinance 2002-869 • Draft of Ordinance 2002-868 establishing the procedures of a Police Review Committee 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 ALTERNATIVE 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 of a Hopkins Police Department employee, review, and sustain, overhun 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 ofbooks, papers and documentary evidence. The hearing shall be conducted pursuant to the standards and procedures established by the City Council by ordinance." Severability. Every section, provision or part of this Ordinance is declared severable from 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: Second reading: Date of Publication: "I NEW CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-868 AN ORDINANCE FOR THE PURPOSE OF REPEALING HOPKINS CITY CODE SECTION 320.01 ET SEQ. AND IN ITS PLACE ESTABLISHING THE PROCEDURES AND STANDARDS FOR THE OPERATION OF A POLICE DEPARTMENT REVIEW COMMITTEE TO PROVIDE AN ALTERNATIVE 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 CODE SECTION 320 IS REPEALED IN ITS ENTIRETY AND THE FOLLOWING LANGUAGE IS ADOPTED IN ITS PLACE: SECTION 321-HOPKINS POLICE DEPARTMENT REVIEW COMMITTEE STANDARDS AND PROCEDURES. 321.01 Establishment. Pursuant to the Hopkins Charter, there is a Hopkins Police Department Review Committee with the powers and duties provided in the Charter and in this Section. 321.03 Definitions. (1) "Covered Positions" means full time employment positions with the Hopkins Police Department which are subject to the terms of a collective bargaining agreement as of the date this Section becomes law. (2) "Covered Employees" means persons employed in a Covered Position. (3) "Committee" means the Hopkins Police Department Review Committee. (4) "CBA" means collective bargaining agreement. (5) "Discharge" means termination of a Covered Person's employment with the Hopkins Police Department. (6) "Discipline" means any of the following actions taken by the Department against a Covered Employee: suspension, with or without pay, written reprimand and demotion, except 1 demotions caused by a reduction in force. (7) "Service" or "Served" means personally delivered. Service by mail or certified mail shall not constitute adequate service. (8) "Documents" means all written documents, copies of written documents, computer hard drives, computer disks, e-mails or other electronic communications. (9) "Department" means the Hopkins Police Department. 321.05 Purpose. The purpose of this Section is to establish the procedures and standards to be utilized by the Committee when it is requested to conduct a review of a Discipline and Discharge decision affecting a Covered Employee. The Committee shall be an alternative to any other method or procedure available to a Covered Employee for the review of a Discipline or Discharge decision, whether such method or procedure is provided for by a CBA or other state or federal law. The Committee shall not operate in any way that prevents or limits a Covered Employees' legal right to a hearing arising from the Covered Employee's status as a military veteran. 321.07 Application. This Section applies to all Covered Positions as of the date this Section becomes law. 321.09 Membership. The Committee shall consist of three (3) members who are citizens of Minnesota and residents of Hopkins. No Committee member shall, at the time of appointment, hold any other office or employment with the City of Hopkins. Committee members shall serve without pay, except that the City Council shall allocate funds to pay expenses incurred by the Committee to perform its duties. 321.11 Duties of Committee. The Committee shall, upon a request pursuant to this Section, review any Discipline or Discharge decision affecting a Covered Employee. 321.13 Meetin . The Committee shall, at its initial meeting, elect a Chairperson who shall preside over the Committee's meetings. The Committee shall not meet unless all three members are present. The Committee's decisions do not require a unanimous vote. All decisions, including the Committee's final decision, maybe by simple majority. The Committee shall, at its initial meeting, establish the time and place of its future meetings. 321.15 Request For Review. A Covered Employee may request review by the Committee of any Discipline or Discharge decision. The request must be served in Writing to the Chief of Police with a copy to the City Manager and City Attorney. 2 DRAFT 321.17 Alternative Review. Review by the Committee shall be lieu of any arbitration process established by a CBA according to the provisions of the Public Employment Labor Relations Act, except the Committee shall not operate in any way that prevents or limits a Covered Employee's right to a hearing arising from the Covered Employee's status as a military veteran. 321.19 Hearings. The hearings shall be open to the public and shall be transcribed. The Committee shall have the power to issue subpoenas to compel the attendance and testimony of witnesses and the production of documents relevant to the case. Witnesses shall be entitled to the same fees and mileage as for attendance at District Court, except that any officer, agent or employee of the City of Hopkins who receives compensation for attendance shall not be entitled to fees or mileage. The Covered Employee shall have the right to be represented by a third party at the hearing, shall be entitled to present evidence on his or her behalf, shall be entitled to Subpoenas from the Committee to compel attendance of witnesses and shall be entitled to examine any witnesses testifying on behalf of the Department. 321.21 Committee Authority. The Committee, after receiving the evidence, may sustain the Discipline or. Discharge decision or overturn the Discipline or Discharge decision and impose whatever lesser sanction the Committee deems appropriate, if any. In reviewing a Discipline or Discharge decision, the Committee shall uphold the decision unless the Committee determines that the decision was not reasonable, after giving due consideration to all evidence presented to the Committee. The Committee may consider all evidence it deems relevant to the matter, including but not limited to the Covered Employee's work history with Hopkins or other employers, including any previous discipline, the length of the Covered Employee's employment with Hopkins, the nature and severity of the Covered Employee's actions for which the Discipline or Discharge was imposed and the nature and extent of Discipline or Discharge actions taken by the Department for other Covered Employees alleged to have committed similar violations. A Covered Employee reinstated by the Committee's decision is entitled to all back pay lost as a result of the Discipline or Discharge decision. 321.23 Findings and Decision. The Committee shall, upon completion of the hearing process, render a decision within five (5) business days. The decision shall be in writing and shall set forth factual findings upon which the Committee's decision is based. 321.25 Appeal. Either the Department or the Covered Employee or both may appeal the Committee's decision to Hennepin County District Court. The appeal must be in the form of a District Court Complaint and must be served and filed within five (5) days of the Committee's decision, excluding the day the Covered Employee or Department received the decision. Copies of the Covered Employee's decision must be served on the Department, the City Manager and City Attorney at the time the appeal is filed with the District Court. Copies of the Department's appeal must be served on the Covered Employee or Covered Employee's legal representative at the time the appeal is filed with the District Court. If both the Covered Employee and Department appeal, the appeals shall be consolidated by the District Court. The Committee Chair shall provide the District 3 DRAFT Court with a copy of the record of the hearing, including the hearing transcript and any documentary evidence submitted. The appeal shall be heard by a Judge of the District Court without a jury. The question to be determined by the District Court shall be: "Was the Committee's decision supported by a preponderance of the evidence?" The District Court's decision shall be subject to appeal pursuant to the rules governing Minnesota's appellate courts. 321.27 Severability. Every section, provision or part of this Ordinance is declared severable from 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. First reading: Second reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Terry Obennaier, City Clerk Mayor El Minnesota State Rules on the hiring of police officers 6700.0700 MINIMUM SELECTION STANDARDS. Subpart 1. Selection standards. A person eligible to be licensed shall meet the following minimum selection standards before being appointed to the position of peace officer. The appointing authority may affirm that the applicant has already completed certain of these standards, but the affirmation must be documented pursuant to subpart 2. A. The applicant shall be a citizen of the United States. B. The applicant shall possess a valid Minnesota driver's license; or in case of residency therein, a valid driver's license from another state; or eligibility to obtain either license. C. The applicant shall complete a comprehensive written application. D. The applicant shall submit to a thorough background search, including searches by local, state, and federal agencies, to disclose the existence of any criminal record or conduct which would adversely affect the performance by the applicant of peace officer duties. E. No applicant may be appointed to the position of peace officer who has been convicted: (1) of a felony in this state or in any other state or federal jurisdiction; (2) of any offense in any other state or federal jurisdiction which would have been a felony if committed in Minnesota; (3) under Minnesota Statutes, section 609.224, 609.2242, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.324, 609.465, 609.466, 609.52, or 609.72, subdivision 3; or convicted under any state or federal narcotics or controlled substance law irrespective of any proceeding under Minnesota Statutes, section 152.18, or any similar law of another state or federal law; or (4) of any of the crimes listed in this item in another state or federal jurisdiction, or under a local ordinance that would be a conviction if committed in Minnesota. F. The applicant shall be fingerprinted for the purpose of disclosure of any felony convictions. Fingerprint cards shall be forwarded to the appropriate divisions of the Bureau of Criminal Apprehension and the Federal Bureau of Investigation. The chief law enforcement officer shall immediately notify the board if a previous felony conviction is discovered. G. A licensed physician or surgeon shall make a thorough medical examination of the applicant to determine that the applicant is free from any physical condition which might adversely affect the performance of peace officer duties. H. An evaluation, including an oral interview, shall be made by a licensed psychologist to determine that the applicant is free from any emotional or mental condition which might adversely affect the performance of peace officer duties. I. The applicant shall pass a job -related examination of the applicant's physical strength and agility to demonstrate the possession of physical skills necessary to the accomplishment of the duties and functions of a peace officer. J. The applicant shall successfully complete an oral examination conducted by or for the agency to demonstrate the possession of communication skills necessary to the accomplishment of the duties and functions of a peace officer. Mimiesota Rules Table of Chapters Table of contents for Chapter 6700 6700.0700 MINIMUM SELECTION STANDARDS. Subpart 1. Selection standards. A person eligible to be licensed shall meet the following minimum selection standards before being appointed to the position of peace officer. The appointing authority may affirm that the applicant has already completed certain of these standards, but the affirmation must be documented pursuant to subpart 2. A. The applicant shall be a citizen of the United States. B. The applicant shall possess a valid Minnesota driver's license; or in case of residency therein, a valid driver's license from another state; or eligibility to obtain either license. C. The applicant shall complete a comprehensive written application. D. The applicant shall submit to a thorough background search, including searches by local, state, and federal agencies, to disclose the existence of any criminal record or conduct which would adversely affect the performance by the applicant of peace officer duties. E. No applicant may be appointed to the position of peace officer who has been convicted: (1) of a felony in this state or in any other state or federal jurisdiction; (2) of any offense in any other state or federal jurisdiction which would have been a felony if committed in Minnesota; (3) under Minnesota Statutes, section 609.224, 609.2242, 609_231, 609_2325, 609_233, 609.2335, 609.234, 609.324, 609.465, 609.466, 609.52, or 609.72, subdivision 3; or convicted under any state or federal narcotics or controlled substance law irrespective of any proceeding under Minnesota Statutes, section 152.18, or any similar law of another state or federal law; or (4) of any of the crimes listed in this item in another state or federal jurisdiction, or under a local ordinance that would be a conviction if committed in Minnesota. F. The applicant shall be fingerprinted for the purpose of disclosure of any felony convictions. Fingerprint cards shall be forwarded to the appropriate divisions of the Bureau of Criminal Apprehension and the Federal Bureau of Investigation. The chief law enforcement officer shall immediately notify the board if a previous felony conviction is discovered. G. A licensed physician or surgeon shall make a thorough medical examination of the applicant to determine that the applicant is free from any physical condition which might adversely affect the performance of peace officer duties. H. An evaluation, including an oral interview, shall be made by a licensed psychologist to determine that the applicant is free from any emotional or mental condition which might adversely affect the performance of peace officer duties. I. The applicant shall pass a job -related examination of the applicant's physical strength and agility to demonstrate the possession of physical skills necessary to the accomplishment of the duties and functions of a peace officer. J. The applicant shall successfully complete an oral examination conducted by or for the agency to demonstrate the possession of communication skills necessary to the accomplishment of the duties and functions of a peace officer. Subp. 2. Documentation. The chief law enforcement officer shall maintain documentation necessary to show completion of subpart 1. The chief law enforcement officer is not required to obtain documentation for subpart 1, item I, if the applicant completed part 6700.0500, subpart 3. The documentation is subject to periodic review by the board, and shall be made available to the board at its request. Subp. 3. [Repealed, 18 SR 1961] Subp. 4. More rigid standards. An appointing authority may require an applicant to meet more rigid standards than those prescribed in this part. STAT AUTH: MS s 214.10; 214.12; 626.843; 626.845; 626.8462 to 626.863 HIST: 11 SR 2337; 14 SR 12; 18 SR 1961; 25 SR 1242; 26 SR 209 Current as of 01102102 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE 2002-869 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF HOPKINS UPON RECOMMENDATION OF THE HOPKINS CHARTER COMMISSION PURSUANT TO M.S.A. CHAPTER 410.12, SUBD. 7 The City Council of the City of Hopkins, upon recommendation of and from the Hopkins City Charter Commission does hereby ordain and thus amend and adopt the following changes, deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: Section 1. Section 3.03, Subdivision 1 is amended as follows: Section 3.03. ORDINANCES, RESOLUTIONS AND MOTIONS. Subdivision 1. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The enacting clause of all City Ordinances shall provide either one of the following enacting clauses: "Be it ordained by the Council of the City of Hopkins" or "The Council of the City of Hopkins hereby ordains as follows". Every ordinance shall be presented in writing and every ordinance, other than emergency ordinances, shall have two public readings and at least three days shall elapse between the first and the second readings thereof. Every ordinance passed by the Council shall be signed by the Mayor and the City Clerk, and shall be filed with the City Clerk. Every Ordinance that has been adopted shall be published at least once in the official newspaper of -the City within 30 days after its passage by the Council. All ordinances, except emergency ordinances, shall take effect 20 ays after on the date of their publication, unless a later date is fixed therein, in which event they shall take effect at such later date. Ordinances adopted by the voters of the City shall take effect at the time fixed therein, or, if no such time is designated therein, then immediately upon the adoption thereof. Section 3. The effective date of this ordinance shall be ninety days after publication. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: