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2004_0223_Packet
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2004_0223_Packet
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Mr. Neal Beets <br />February 6,2004 <br />Page 2 <br />2. With respect to each Advisory Committee, City Code� indicates simply that the <br />Council shall appoint Commission members; Code does not define the process <br />by which the appointment will occur. <br />3. As we understand, the City Council has, from time to time, adopted resolutions <br />that have, in some respect, defined a Commission appointment process. <br />4. Most recently, in 1997, the City Council adopted Resolution 9372. Resolution <br />9372 purports to establish a policy for filing vacant Commission seats. The <br />Resolution generally describes the application, interview, and selection <br />procedures used to fill vacancies. The Resolutzan also contains a provision on <br />Advisory Commission term limits. <br />5. It appears that the Council has, on occasion, since 1997, varied from the terms of <br />Resolution 9372. <br />Based on the above, you raised the following questions: <br />What is the current policy in place concerning Commission appointments? <br />2. Have the Council's actions since adoption of Resolution 9372 modified the "in- <br />effect" appointment procedure? <br />3. To what extent is the sitting Council obligated to follow Resolution 9372? <br />The general proposition that is relevant in the context of your questions is the fact that a <br />council does not have the authority to in-perpetuity bind the hands of future councils. Of <br />course, exceptions to this general proposition, such as approving contracts, do exist. <br />In the context of procedural-type rules, a Council does have the authority to adopt <br />procedural rules that govern the conduct of council business. It is, moreover, not uncommon <br />for organizations to have bylaws, i.e., rules that relate to the city itself rather than to the <br />parliamentary procedures and the conduct of business. <br />Resolution 9372 is something in the nature of a bylaw: it purports to establish rules for <br />the Council to follow in filling Advisory Commission vacancies. Since the Resolution was <br />validly adopted, it is and should be treated as the current policy of the Council absent contrary <br />Council action as discussed below. The fact that the Council has not followed Resolution 9372 <br />' In the case of the Police Civil Service Commission, Minn. Stat. Ch. 419 indicates that the Council shall appoint <br />Commission members. <br />
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