31. ORGANIZATIONS

CHAPTER 31: ORGANIZATIONS

Section

General Provisions

31.01 City boards, general administration

31.02 General administration

Organizations

31.15 Planning Commission

31.16 Sheriff’s Office

31.17 Fire Department

31.18 Emergency Management Department

31.19 First Responders Department

31.20 Administration Department

GENERAL PROVISIONS

§ 31.01 CITY BOARDS, GENERAL ADMINISTRATION.

(A) Authority. Unless otherwise specified by state statutes, all city boards shall act only in an advisory capacity to the City Council. The Council shall have final authority on all matters.

(Prior Code, § 204.1)

(B) Bylaws and the city code. If there is a conflict between the bylaws of the advisory board and the city code, then the city code shall take precedent. If there is a conflict between the city code and state statutes, then the state statute shall take precedent.

(Prior Code, § 204.2)

(C) Board seats. The general public should be made aware of the availability of open seats on the advisory boards. A general notice of upcoming open seats for all advisory boards shall be posted at City Hall for at least ten calendar days during the month of October or November each year. For the purposes of this chapter, an OPEN SEAT shall be considered any advisory board member’s term that is ending, regardless of whether the member wishes to serve another term or not.

(Prior Code, § 204.3)

(D) Removal of office. Members of all city boards serve at the pleasure of the City Council. Any member of any board may be removed for cause by a majority vote of the Council at a public meeting.

(Prior Code, § 204.4)

(E) Compensation. All members of all boards shall serve without compensation.

(Prior Code, § 204.5)

(F) Sudden vacancies. Sudden vacancies during any board term shall be filled by the Council for the unexpired portion of the term.

(Prior Code, § 204.6)

§ 31.02 GENERAL ADMINISTRATION.

The City Council has final authority over the activities of city departments. Department heads are appointed to assist in carrying out the will of the Council. All department heads are responsible for the enforcement of the city code and city policies, as well as state and federal laws.

(Prior Code Ch. 206)

ORGANIZATIONS

§ 31.15 PLANNING COMMISSION.

(A) General. A City Planning Commission is hereby continued. The Commission shall be a City Planning Agency authorized by M.S. § 462.354, as it may be amended from time to time.

(Prior Code, § 205)

(B) Membership. The Planning Commission shall consist of seven members. The Council may select two Council representatives of the Planning Commission from its own membership. The members shall be appointed and may be removed by the Council.

(Prior Code, § 205.1)

(C) Terms, vacancies, oath. Each member of the Board shall serve for three years. Appointees shall hold their offices until their successors are appointed and qualified. Every appointed member shall, before entering upon the discharge of his or her duties, take an oath that he or she will faithfully discharge the duties of his or her office.

(Prior Code, § 205.2)

(D) Organization, meetings, and the like. The Commission shall elect a Chairperson and Vice Chairperson from among its appointed members for a term of one year. The Commission may create and fill the other offices as it may determine. The Commission shall hold at least six regular meetings each year. It shall adopt rules for the transaction and findings, which records shall be a public record. On or before the second regular City Council meeting in January of each year, the Commission shall submit a report to the Council of its work during the preceding calendar year. Expenditures shall be within the amount appropriated for the purpose by the Council.

(Prior Code, § 205.3)

(E) Powers and duties. The Planning Commission shall have the powers and duties given planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by the city code and by the Council. After the Commission has prepared and adopted a comprehensive plan, the Commission shall periodically, but at least once every five years, review the plan, as well as any ordinances and any capital improvement program the Council has adopted to implement the plan. After the review, it shall, to the extent it deems necessary, revise the Comprehensive Plan, adopt the amendments or the New Comprehensive Plan, and recommend it to the Council in accordance with law. Similarly, after the review, it shall recommend to the Council any amendments it deems desirable to the capital improvement program and any ordinance implementing the plan.

(Prior Code, § 205.4)

(F) Zoning ordinances, public hearings. No zoning ordinance or amendment shall be adopted by the Council until a public hearing has been held thereon by the Planning Commission upon notice as provided in M.S. § 462.357, subd. 3, as it may be amended from time to time.

(Prior Code, § 205.5)

(G) Approval. Any subdivision plat, conditional use permit, or variance submitted to the Council for approval shall be referred to the Planning Commission for review and recommendation as required by state statutes.

(Prior Code, § 205.6)

§ 31.16 SHERIFF’S OFFICE.

The County Sheriff’s office is responsible for the protection and safety of the community through crime prevention, preserving peace, investigating crimes, and providing emergency services.

(Prior Code Ch. 207)

§ 31.17 FIRE DEPARTMENT.

(A) General. The Fire Department is responsible for the health and safety of the community through providing emergency fire response services and shall not consist of less than 12 nor more than 30 firefighters.

(Prior Code, § 208)

(B) Membership. The officers of the Fire Department shall consist of the Fire Chief, Assistant Chiefs, Fire Marshal, Secretary, Maintenance, and Training Officers. The officers and the firefighters shall be approved by the Council upon recommendation by the Fire Department. Each officer and every other member of the Department shall serve during good behavior and may be removed by the Council only for cause. A firefighter’s absence from three consecutive drills or meetings, unless excused by the Chief, shall forfeit membership in the Department.

(Prior Code, § 208.1)

(C) Duties of the Fire Chief. The Fire Chief has sole responsibility for the organization, administration, and operation of the Fire Department and its members. The Fire Chief shall be responsible for the proper training and discipline of the members of the Fire Department. Every member of the Fire Department is subordinate to the Fire Chief. The Fire Chief is responsible for the day-to-day administration of the Fire Department. The Fire Chief is also charged with the enforcement of all ordinances aimed at fire protection. The Fire Chief shall have full authority to inspect all premises and to cause the removal or abatement of all fire hazards. The Fire Chief shall have control over all firefighting apparatus and shall be ultimately responsible for its care and condition. She or he shall make a monthly report to the Council, at its meeting, as to the condition of the equipment and needs of the Fire Department. She or he may submit additional reports and recommendations at any meeting of the Council, and she or he shall report each suspension by her or him of a member of the Fire Department at the first meeting of the Council following the suspension.

(Prior Code, § 208.2)

(D) Assistant Chiefs. In the absence or disability of the Chief, the Assistant Chiefs shall perform all the functions and exercise all of the authority of the Chief. The Assistant Chiefs shall be responsible for training, safety, and maintenance.

(Prior Code, § 208.3)

(E) Secretary. Minutes of monthly meetings will be on file at the Fire Department within 30 days of the last meeting.

(Prior Code, § 208.4)

(F) Firefighters.

(1) Officers and firefighters shall be able‑bodied and not less than 18 years of age. The Council may require that each candidate must satisfy certain minimum requirements and any other qualifications which may be specified by the Council.

(2) Some of these qualifications include:

(a) Newly appointed firefighters shall successfully complete a physical examination, 12-month probation, and training in essentials of firefighting; and

(b) All members of the Fire Department shall have physical examination every year. If a firefighter does not pass the physical examination, a decision will be made by the Fire Chief as whether he or she can remain a member of the Department and, if so, whether there should be a restriction as to his or her duties.

(Prior Code, § 208.5)

(G) Training. It shall be the duty of the Training Officer to hold a monthly practice drill of at least one hour’s duration for the Fire Department and to give the firefighter instruction in approved methods of firefighting and fire prevention. All firefighters will have classes in firefighting from state or sectional schools or colleges, one class every two years, minimum. The training records of all firefighters will be on file and up to date.

(Prior Code, § 208.6)

(H) Records. The Fire Chief shall keep in convenient form a complete record of all incidents. The records shall include the time of the alarm, location, cause, if known, type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the Department responding to the alarm, and the other information as she or he may deem advisable or as may be required from time to time.

(Prior Code, § 208.7)

(I) Relief Association. The members and officers of the Fire Department may organize themselves into a Firefighter’s Relief Association in accordance with law. All members must abide by the Relief Association bylaws.

(Prior Code, § 208.8)

(J) Interference with Department. It shall be unlawful for any person to give or make, or cause to be given or made, a fire alarm without probable cause or to neglect or refuse to obey any reasonable order of the Fire Chief at a fire or interfere with the Fire Department in the discharge of its duties.

(Prior Code, § 208.9)

(K) Compensation.

(1) (a) The members and officers of the Fire Department shall receive compensation as follows:

$10

Per training/meeting

$25

For training for 4 hours or more

$10

For all fire calls plus $10 per hour after 1 hour

(b) All officers will receive the above, plus:

Assistant Chief

$300 per year

Chief

$500 per year

First Assistant Chief

$100 per year

Secretary

$200 per year

Training Officer

$100 per year

(2) The Chief shall certify and submit a yearly report showing in detail the hours served by each member of the Department and the compensation to which he or she is entitled therefore during the year. Billing will be presented at the November Council meeting payable in December for the period from October 31 of the previous year to October 31 of the current year. No payment of any compensation to firefighters may be ordered until the reports are filed.

(Prior Code, § 208.10)

(L) Collection for charges. There shall be a collection for charges on fire calls, auto accidents, and any other call needing a response, including carbon monoxide calls. The city shall send the insurance companies a bill for expenses incurred and a minimum run charge which is $300.

(Prior Code, § 208.11)

Penalty, see § 10.99

§ 31.18 EMERGENCY MANAGEMENT DEPARTMENT.

(A) General. The Emergency Management Department is responsible for the health and safety of the community through emergency planning preparation and disaster preparedness.

(Prior Code, § 209)

(B) Duties of the Emergency Management Director. The Emergency Management Director has sole responsibility for the organization, administration, and operation of the Emergency Management Department and its members. The Emergency Management Director shall be responsible for the proper training and discipline of the members of the Emergency Management Department. Every member of the Emergency Management Department is subordinate to the Emergency Management Director. The Emergency Management Director is responsible for the day-to-day administration of the Emergency Management Department. The Director shall have direct responsibility for the organization, administration, and operation of the Civil Defense Agency, subject to the direction and control of the City Council.

(Prior Code, § 209.1)

(Prior Code, § 209.2)

§ 31.19 FIRST RESPONDERS DEPARTMENT.

(A) General. The First Responders Department shall be established under the jurisdiction of the city pursuant to its authority and pursuant to the control by City Council.

(Prior Code, § 210)

(B) Composition. The First Responders Unit shall be established and shall consist of a Board of Directors made up of a Director, two Assistant Directors, a Secretary, a Treasurer, a Medical Supervisor, and a member of the City Council. The Unit shall also consist of a general membership of members trained in emergency care and response.

(Prior Code, § 210.1)

(C) Purpose. The First Responders shall be established to provide emergency care and respond to emergency situations in and around the city. The emergency care and response shall be provided by volunteers who have been trained in emergency procedures which have been established and recognized by the American Medical Association, the First Responders Unit, or the State Department of Health Emergency Care Course.

(Prior Code, § 210.2)

(D) Policies and procedures. The organization shall adhere to policies and procedures which are promulgated for the organization and which are approved by the City Council. Any amendments to the policies and procedures shall be approved in writing by the Council prior to taking effect.

(Prior Code, § 210.3)

(E) Expenses. The City Council shall pay from city funds all necessary expenses incurred by the organization in the performance of its duties, unless otherwise subsidized through private donations.

(Prior Code, § 210.4)

(F) Compensation.

(1) (a) The members and officers of the First Responders shall receive compensation as follows:

$10

Per meeting

$10

Per run

(b) All officers will receive the above, plus:

Assistant Director

$300 per year

Director

$500 per year

Secretary

$200 per year

(2) The Director shall certify and submit a yearly report showing in detail the hours served by each member of the Department, and the compensation to which he or she is entitled therefore, during the year. Billing will be presented at the November Council meeting payable in December for the period from October 31 of the previous year to October 31 of the current year. No payment of any compensation to firefighters may be ordered until the reports are filed.

(Prior Code, § 210.5)

§ 31.20 ADMINISTRATION DEPARTMENT.

(A) Responsibility. The Administration Department is responsible for the financial management and record keeping of the city and issuing licenses and permits.

(B) Duties of the City Clerk/Treasurer. The City Clerk/Treasurer has direct responsibility for the organization, administration, and operation of the Administration Department and its members. The Clerk/Treasurer shall be responsible for the proper training of the members of the Administration Department. The Clerk/Treasurer is responsible for the day-to-day administration of the Administration Department.

(Prior Code Ch. 211)