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HomeMy WebLinkAbout1995-229 CCR1 1 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 1 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.