5.2. SR 05-10-2010 - Laserfiche WebLink

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Option B (This option would folloav more inline with state .rtatute.r) Removal; Hearing Notice Economic Development Authority and Housing & Redevelopment Authority Commissioner The City Council may remove an EDA or HRA commissioner when in its judgment the public welfare will be promoted by removal. Causes for removal include, but are not limited, to inefficiency, neglect of duty, or misconduct in office. The commissioner must be given a copy of the charges at least 10 days prior to a hearing at which the commissioner has an opportunity to be heard in person or by counsel. The Council may temporarily suspend a commissioner until the hearing process. The commissioner shall immediately be reinstated if the charges have not been substantiated. When a commissioner is removed, a record of the proceedings shall be filed with the city clerk (MN Statutes 134.09, 412.111, 469.010). All Other Commission/Board Members The Council may remove any commission/board member when in its judgment the public welfare will be promoted by the removal. Causes for removal include, but are not limited to, misconduct ox neglect. All commission and board members should be aware that criminal penalties may apply depending on the nature of the violation. Below are the various state law sections that reference consequences and the city's authority for removal: 134.09 LIBRARY BOARDS. Subd. 3.Removal of members. The mayor with the approval of the council, or the board of county commissioners may remove any member for misconduct or neglect. 412.111 DEPARTMENTS, BOARDS. (Under Statutory Cities Chapter) The council may create departments and advisory boards and appoint officers, employees, and agents for the city as deemed necessary for the proper management and operation of city affairs. The council may prescribe the duties and fix the compensation of all officers, both appointive and elective, employees, and agents, when not otherwise prescribed by law. The council may require any officer or employee to furnish a bond conditioned for the faithful exercise of duties and the proper application of, and payment upon demand of, all moneys officially received. Unless otherwise prescribed by law, the amount of the bonds shall be fixed by the council. The bonds furnished by the clerk and treasurer shall be corporate surety bonds. The council may provide for the payment from city funds of the premium on the official bond of any officer or employee of the city. The council may, except as otherwise provided, remove any appointive officer or employee when in its judgment the public S:\Public Bodies\Council\Council RCA\Boards\Review of Guidelines.doc