HomeMy WebLinkAbout1995-229 CCR1
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Member Debra Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION NO. 95 -229
RESOLUTION ESTABLISHING PROCEDURES FOR DETERMINING WHETHER
ABSENCES FROM COUNCIL MEETINGS ARE EXCUSED
WHEREAS, the Brooklyn Center City Charter, Section 2.05 states "the Mayor or
Council member shall forfeit the office for (4) failure to attend three consecutive regular
meetings of the Council without being excused by the Council and
WHEREAS, the present procedures of the Council do not provide ways and means
establishing unexcused absences under said provision of the Charter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the following provisions for recording and establishing unexcused
absences are set forth:
1. A member of the Council who will not be attending a meeting of the Council, and
who wishes to be excused, shall report to the Mayor, Clerk or Manager, either
verbally or in writing at least two hours prior to the stating the reason
for such absence.
2. If such prior notice is given, the absence will be excused, and the Mayor shall so
declare for recording in the minutes; provided, however, that any member of the
Council who is present at such meeting may move that the absence be declared
unexcused. A majority of the Council members present may declare such absence
to be unexcused if it is determined that there is not sufficient reason to believe
that the absence is for good cause beyond the reasonable control of the absent
Council member.
3. If no such prior notice is given, the absence will be unexcused, and the Mayor
shall so declare for recording in the minutes.
4. The Council may excuse absences previously declared to be unexcused in the
event the Council determines, on the basis of later discovered information or
evidence, that the absence was for good cause beyond the reasonable control of
the absent member.
5. Upon the absence of a Council member from a third consecutive regular meeting
of the Council, the Council shall:
a. direct that written notice be served on the absent member in the manner
provided for service of legal process, stating: i) that the Council intends
to declare a vacancy in the absent Council member's seat pursuant to
section 2.05 of the City Charter at a meeting of the Council on a specified
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Resolution No. 95 -229
date, time and place; ,ii) that the ground for declaring the vacancy is
failure to attend three consecutive regular meetings of the Council without
being excused by the Council; and iii) that the absent member may request
a hearing by written request delivered to the Mayor, Clerk or Manager
prior to the call to order of the meeting referred to in clause i); and
b. call a special meeting of the Council which shall be within ten (10) days
of the meeting at which the third unexcused absence occurred.
6. In the event no request for a hearing is received, the Council shall proceed to
declare a vacancy in accordance with the procedures set forth in the City Charter.
7. In the event a request for hearing is received, the Council shall set a date, time,
and place for a hearing and shall so notify the absent member. The date of the
hearing shall be not less than ten (10) days from the date the notice described in
paragraph 5a) was effectively served.
8. At any such hearing the absent council member may give information and
evidence: a) that one or more of the three consecutive absences was in fact
excused; b) that one or more of the three absences should have been excused
because the absence was for good cause beyond the reasonable control of the
absent member; or c) that there is any other legal reason why the Council should
not declare the position vacant.
9. Following the hearing the Council shall determine whether to declare a vacancy
in the position and, if so, shall proceed in accordance with the procedures set
forth in the City Charter.
10. No member of the Council is eligible to vote on whether his or her absence
should be excused.
October 10, 1995
Date
0 Mayo,
ATTEST: de-
beputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Carmody and upon vote being taken thereon, the following voted in
favor thereof: Myrna Kragness, Debra Hilstrom, and Kathleen Carmody;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.