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HomeMy WebLinkAbout2017_05_03 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Chambers6:00 PMWednesday, May 3, 2017 Special Meeting The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM SPECIAL MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3.ID 2017-0289 Discussion with applicants for the vacant City Council member position. Application - Edward Ballou Application - Nick Schmeichel Applicaiton - Cory Ann Ellis Application - George Hamer.pdf Application - Holly Tilton Byrne Press Release Brookings City Charter Resolution 90-10 Attachments: 4.ID 2017-0293 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor. Action: Motion to enter into Executive Session, voice vote Action: Motion to exit Executive Session, voice vote Page 1 City of Brookings May 3, 2017City Council Meeting Agenda 5. Adjourn. Brookings City Council: Keith Corbett, Mayor Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, and Nick Wendell Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 2 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0289,Version:1 Discussion with applicants for the vacant City Council member position. Summary: The following five Brookings residents have applied for the vacant Brookings City Council member position. 1.Edward Ballou 2.Nick Schmeichel 3.Cory Ann Ellis 4.George Hamer 5.Holly Tilton Byrne The applicants were invited to this special meeting to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment at the May 9, 2017 City Council meeting. Background: A City Council member vacancy was created with the election of Council Member Keith Corbett to the office of the Mayor. Following the April 11, 2017 election, the City issued a press release seeking applicants for the vacant City Council seat. The appointed City Council member would serve until the next regular municipal election, with the term expiring on April 30, 2018. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Any vacancy occurring in the office of Mayor or City Council must be filled pursuant to City Charter, Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies: City Charter Reference - Filling of Vacancy. (d)Filling of Vacancies.Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. The appointment process is further defined in City Resolution No. 90-10. Attachments: Application - Edward Ballou City of Brookings Printed on 4/28/2017Page 1 of 2 powered by Legistar™ File #:ID 2017-0289,Version:1 Application - Nick Schmeichel Application - Cory Ann Ellis Application - George Hamer Application - Holly Tilton Byrne Press Release - Application for City Council Member City Charter Resolution 90-10 City of Brookings Printed on 4/28/2017Page 2 of 2 powered by Legistar™ Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work)(cell)(home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings?□ YES □ NO Are you a registered voter in the City of Brookings?□ YES □ NO How long have you been a resident of Brookings? 1.Please list relevant education or training: Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone; (605) 692-6907 fax sthornes@cityofbrookings.org 2.Work experience: 3.Community Volunteer Service: 4.I would like to serve as a City Council Member because: 5.Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Friday, April 28, 2017 at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 5:00 pm to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on May 9, 2017. Thank you for applying! Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work)(cell)(home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings?□YES □ NO Are you a registered voter in the City of Brookings?□YES □ NO How long have you been a resident of Brookings? 1.Please list relevant education or training: Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone; (605) 692-6907 fax sthornes@cityofbrookings.org Nick Gerald Schmeichel 1313 Yorktown Circle Brookings SD 57006 605.695.3478 nick.schmeichel@gmail.com Sideline Productions Owner x x Since August of 2003 I have a minor in political science from South Dakota State and have been active in politics for over 15 years. 2.Work experience: 3.Community Volunteer Service: 4.I would like to serve as a City Council Member because: 5.Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Friday, April 28, 2017 at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 5:00 pm to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on May 9, 2017. Thank you for applying! I feel that running my own business has given me a vast amount of knowledge that is applicable to the operation of a city. Being a small business owner I have to wear a lot of different hats. I am in charge of the financing in my business, as well as sales, and customer service. The most valuable skill I have learned, which I think is most applicable, is listening. A council person must listen to not only the citizens in town, but also be able to listen to the cities recommendations, and then weigh both sides when making a decision. Started a program through my company to donate books to first graders in the Brookings school system to promote sustainability. Because I am a citizen in this city and care about the community. I have a young son that I want to grow up loving the place he is from. I feel my business experience can be a valuable asset to the council, and I am ready to serve our community. After the election, I received numerous calls, texts, and emails urging me to apply for this open seat. I want to honor those who supported me through the election by getting to work for them and the rest of the city. Applicant Information Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone; (605) 692-6907 fax sthornes@cityofbrookings.org Name: First Middle Last Cory Ann Harbour Ellis Address: Street 1610 Derdall Drive City State Zip Brookings SD 57006 Phone: (work) (cell) (home) See Cell 605-610-9770 None Email:acellis@mac.com Employer:Montgomery’s and AC Ellis Inc. Occupation:Marketing Professional Is your residence located within the city limits of Brookings? Are you a registered voter in the City of Brookings? How long have you been a resident of Brookings?13 Years √ √ YES YES NO NO Cory Ann H. Ellis Application for Appointment for Brookings City Council 1 of 6 1. Please list relevant education or training: Master of Science Indiana State University As a Graduate Coaching Assistant at DePauw University, I was able to gain valuable work experience while earning my MS in Physical Education with extended study in the field of Recreation and Sport Management. Bachelor of Arts University of Sioux Falls As a student at USF I obtained my BA in Wellness as well as participating as a goalkeeper on the soccer team. Associate of Arts Cosumnes River College As the first in my family to attend college, the California Community College system was the perfect place for me to start and to learn the demands of college. I had an excellent mentor and support staff who were influential in my development as a student, athlete, and person. I am fortunate enough to have many of these people in my life today. 2. Work experience: Brand & Marketing Manager 2014 - present Montgomery’s Lead collaborative brand and marketing operations across all departments of a multi- channel home fashions retail company. Identify and prioritize areas for marketing growth potential while developing the processes and infrastructure for execution. Recruit, build, and coach the marketing team to become an in-house agency that produces and leads all initiatives. Create a yearly strategic plan and budget that is adaptable and regularly reported to the executive team. Built and launched new company website in 2015 and currently working toward the launch of an eCommerce system in 2017. Accomplishments: • Built department and brought on new employees • Research, design, and built company website. (Launched in 2015) • Developed Employer’s first strategic marketing plan • Implement infrastructure for project management and accountability tracking • Design and publish company magazine in 2014 • Created social media accounts and guidelines • Established media buying plan and procedures Cory Ann H. Ellis Application for Appointment for Brookings City Council 2 of 6 National C License US Soccer Federation The US Soccer Federation governs soccer in the United States and provides coaches training licensing. Through a scholarship I was able to attend, complete, and pass the training and testing to be awarded my National C license. 2. Work experience: Founder & Director 2004 - present AC Ellis Inc. Establish, evaluate, and evolve the brand, products, and services through research and development. Direct all operations and employees. Create strategic brand and marketing plans that implement traditional and digital marketing options for clients. Provide the goods and services for all marketing initiatives, which closely involves each customer. Develop content through photography, graphic design, and website design and management. Accomplishments: • Built a successful marketing and photography business from the ground up • Recruited and trained three additional photographers • Recruited and trained one marketing assistant • Created recognizable brands for clients • Guided rebranding efforts for five clients • Created and launched over ten small business websites • Trademarked logos Head Women’s Soccer Coach & Physical Education Instructor 2002-2003 Central College Coordinated game schedule, travel, pre-season, and development for the soccer program. Developed and advised team goal-setting and evaluation processes. Created a team atmosphere and sense of belonging for student-athletes. Researched and purchased equipment and services to maintain the program budget. Conducted player evaluations. Accomplishments: • Created and executed Methods of Teaching Health & Elementary Education • Created and executed Sports Psychology course syllabus • Successfully recruited student-athletes • Doubled the number of students participating in the program in one year • Incrementally increased winning record each season • Developed junior varsity team • Recruited the most diverse team on campus • Coached teams that broke ten school records • Coached individuals that were awarded three IIAC All-Conference honors • Coached individuals that were awarded six IIAC Academic All-Conference honors • Created recruitment tracking process • Created summer training manual Soldier 1997 - 2005 United States Army Reserve Upon entering the US Army Reserve, I was first trained as a light-wheel mechanic. This included routine maintenance and inspections of 2.5-ton, Humvee, and 5-ton vehicles. After some years, I also became trained as an administrative specialist. I was tasked with preparing, proofing and submitting documents for soldier support and tracking. Accomplishments: • Voluntarily completed additional training • Received multiple promotions; reaching the rank of Sergeant • Was honorably discharged after serving eight years rather than my contracted six Cory Ann H. Ellis Application for Appointment for Brookings City Council 3 0f 6 3. Community Volunteer Service: Grassroots Effort Hidden Figures Field Trip 2017 Organizer In an effort to expose students to examples of successful strong women and people of color I organized a fundraiser, negotiated scheduling and pricing, and worked with our school administrators to offer the entire eighth-grade class the opportunity to view “Hidden Figures” at our local movie theater. Brookings Makers Market 2013 - present Creator & Organizer As a local maker who is active in the community, I identified a need for makers without a retail outlet to sell their goods. The Makers Market brings together dozens of area makers every December at a temporary location to sell their products to the public. I worked with other makers to secure the location(s), create sign-up forms and market the event. LEAD South Dakota Brookings Chapter 2017 Co-Founder Leaders Engaged and Determined (LEAD), Brookings, SD is a chapter of LEAD South Dakota that mobilizes people to advocate for women and girls and organize for change in Brookings and throughout South Dakota. Various Organizations Over the years Guest Speaker/Educator I have had the opportunity to engage with many members of our community through guest speaking and educator experience. These have included some of the following. • South Dakota State University Marketing Course, Honors Course, Entrepreneur Club, Journalism Club, and Education Course • Great Plains Writers Conference • Brookings High School • Mickelson Middle School • Camelot Intermediate School • Prairie Elementary School • Hillcrest Elementary School • Dress for Success • 1 Million Cups Various Events & Organizations Over the years Community Involvement as an Active Citizen Engaging and supporting my fellow citizens is important and I do my best to attend a wide variety of events while also donating my time, talents, and financial support when possible. Some of these include: • South Dakota Poets Society -Graphic Design • SDSU Armed Forces Association -Volunteer • SDSU Veterans Club -Volunteer • Brookings Softball Association -Player Rep • Domestic Abuse Shelter -Food Drive Organizer • Feeding South Dakota -Food Drive Organizer • Breast Cancer Fundraising -Organizer • CASA Fire & Ice -Donor, Volunteer, & Attendee • Ducks Unlimited -Donor & Attendee Cory Ann H. Ellis Application for Appointment for Brookings City Council 4 of 6 4. I would like to serve as a City Council Member because: Cory Ann H. Ellis Application for Appointment for Brookings City Council 5 of 6 Serving on the Brookings City Council and therefore serving the citizens of Brookings would be an honor and great responsibility that I would fill with devotion. As an interim council member, I would work to bring energy, stability, and a diverse perspective to the team. I look forward to working with my peers to find creative solutions and inclusive initiatives in our efforts for the community. If granted the position, I would strive to bridge the generational gap with respect and understanding for the young and young at heart. If on council I would address concerns while advocating equally for gender, faith, sexual orientation, and socio-economic groups. My personal goal would be to serve the citizens as a member of a team who solicits input, remains accessible, conducts her actions with transparency, and embraces accountability while working for them and not myself. I would seek to continue the ground work already laid before us to make Brookings the best place to call home in South Dakota and to set an example that other communities will look up to and seek to accomplish. 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: While work experience, volunteer activities, and education play a part in qualifying a candidate for this position, I would feel that other areas such as my intrinsic values, soft skills, and management skills make me uniquely qualified to work on a broad range of topics and challenges. I hope that you will consider me as an individual who embraces her faults and leverages them to become a better person, willing and able to serve her fellow citizens for the betterment of our community. Thank you very much for your time and consideration. Intrinsic values: • Caring • Open-minded • Desire to learn • Diverse experiences • Desire to advocate equally • Perseverance • No personal agenda • No conflict of interest or ulterior motives Soft Skills: • Strategic & Compound Thinker • Challenge the status quo • Analyze and interpret data • Research and ask questions • Strive to be accountable, accessible, and transparent • Collaboration within team, organization, and outside partners • Problem Solving: Seeks out long-term solutions to current problems • Communicate through a variety of methods to best work with others • Adaptability: Ability to learn new processes and skills quickly and execute proficiently Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy - The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process - Applications will be accepted until Friday, April 28, 2017 at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 6:00 pm to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on May 9, 2017. Thank you for applying! Cory Ann H. Ellis Application for Appointment for Brookings City Council 6 of 6 Management Skills: • Challenge, motivate and inspire employees • Strategic planning • Project management • Work force recruitment • Budget development and reporting • Provide coaching, direction, and leadership to employees • Process research, development and implementation • Introduce efficiency processes and initiatives • Improve communication systems • Develop and deliver educational training to employees and co-workers 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: For additional information and to learn more about me professionally and personally please visit: www.coryannellis.com Applicant Information    Name: George Hamilton Hamer   First Middle Last  Address:  321 8th St.   Brookings    SD 57006   City State ZIP Code  Phone: 605-688-5721 605-690-9660   605-690-9660  (work) (cell) (home) Email: hamerg@mchsi.com  Employer: South Dakota State University  Occupation: Assoc. Prof. and Asst. Dept. Head EE and CS  Is your residence located within the city limits of Brookings? □X YES  □ NO Are you a registered voter in the City of Brookings? □ X YES  □ NO How long have you been a resident of Brookings? 28+ years     1. Please list relevant education or training:    Ph. D.  Computer Science  North Dakota State University    Fargo ND 2006  MS Computer Science  Moorhead State University  Moorhead MN 1992  BS Construction Mgmt. North Dakota State University  Fargo ND 1980                Application for Appointment for Brookings City Council City Clerk’s Office  520 3rd Street, Suite 230 / PO Box 270  Brookings, SD 57006  (605) 692‐6281 phone; (605) 692‐6907 fax  sthornes@cityofbrookings.org        2. Work experience:  Jan2011 to present South Dakota State University Assoc. Prof. and Asst. Dept. Head EE & CS  Aug 1997 to Jan 2011 South Dakota State University Assoc. Prof. of Computer Science  Aug 1989 to July 1997 South Dakota State University Asst. Prof. of Computer Science        3. Community Volunteer Service:  Member Brookings Human Rights Committee/Commission 2006 – present (Past chair of the Committee  and current Vice‐Chair)          4. I would like to serve as a City Council member because:  I would be honored to serve the city of Brookings as a council member. I feel I can give back to the city I  have called home for almost 28 years. Brookings is a wonderful place to live and being on the city  council will give me the opportunity to ensure that it continues to grow, thrive and stay the welcoming  community it is. I believe I have the ability to listen to all sides of an issue and carefully weigh all facts  brought forward. I would rely heavily on all inputs and not make quick judgements. I know I serve the  people first and know I can put aside any bias and be part of the discussion and ultimately the decision. I  am a gracious loser and a humble winner as I know that I am representing others at all times.      5. Any other information you feel is important to the City Council Members as it considers your  appointment for City Council:  In my current position as Asst. Dept. Head I believe I have gained the needed leadership experience that  will be invaluable as a member of the city council. I have been recognized as the Academic Advisor of  the Year, College of Engineering, in 2005 and Teacher of the Year in the college in 2015. I was also  recognized in the Electrical Engineering and Computer Science Department with an Outstanding  Teaching Award in 2011.        Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the City Council  vacancy. Notification  of vacancies will consist of a press release to local media at least two weeks prior to the appointment.    Appointment Process – Applications will be accepted until Tuesday, May 2, 2017 at 5:00 pm.  All  applications for appointment will be provided to the City Council for consideration. City Council action is  required to approve the appointment and is scheduled to occur on May 23, 2017.  Thank you for  applying!  Applicant Information Name: First Holly Middle Marie Last Tilton Byrne Address: Street 104 5Th St City Brookings State SD ZIP Code 57006 Phone: (work) (cell) 605-690-4757 (home) Email: hmtilton@gmail.com Employer: Dakota Rural Action Occupation: Community Organizer Is your residence located within the city limits of Brookings? □ YES □ NO Are you a registered voter in the City of Brookings? □ YES □ NO How long have you been a resident of Brookings? 21 years 1. Please list relevant education or training: • High School Diploma – 2004 – Brookings High School • B.S. degree in Interdisciplinary Studies, Minor in History – 2009 – South Dakota State University Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone; (605) 692-6907 fax sthornes@cityofbrookings.org • Advanced Campaign Management Training – 2010 – Wellstone, Billings, MT This in-depth, multi-day training hosted by the Wellstone organization teaches individuals how to effectively impact political campaigns. Attendees are taught leadership and management techniques, message development, campaign budgeting, and how to directly contact voters. • Principles of Community Organizing (POCO) Training – 2010 – Western Organization of Resource Councils, Billings, MT The POCO training hosed by the Western Organization of Resource Councils (WORC) is a leadership development workshop dedicated to training community leaders how to build strong organizations and develop winning issue campaigns. The course covers topics such as how to strategically plan campaigns, basics of leadership, fundraising, and other organizing techniques. • Continuing Education for Organizers (CEO) Training – Annually 2011-2014 – Western Organization of Resource Councils, Billings, MT This training is targeted for individuals who have taken POCO, and have been working as Community Organizers for less than five years. The class digs deeper into techniques taught at POCO and offers a more advanced look at issue campaign development. 2. Work experience: Dakota Rural Action (DRA), Brookings, SD Lead Organizer, Apr. 2016 – present; Organizer, May 2010 – Apr. 2016; Intern, Feb. 2009 – May 2010 Dakota Rural Action is a 501(c)3 non-profit community organizing group. As Community Organizer my duties include: • Event Planning o Serve on Planning Committee for the annual statewide South Dakota Local Foods Conference o Coordinate and procure speakers, foods to be served, and other logistics for various events throughout the year including local meetings, educational workshops, and other events • Fundraisings and membership outreach o Develop and execute annual giving plans o Help write and execute grant proposals and develop grant reports • Training community leaders, new staff, and offer ongoing support o Help individuals develop their leadership skills • Serving as the Farm to School State Lead for South Dakota o Lead the SD Farm to School Taskforce, a group made up of representatives from various state agencies, SDSU Extension, non-profit groups, school food service directors, farmers, and more dedicated to advancing Farm to School in South Dakota o Connect food producers with schools to facilitate local food procurement, farm tours, presentations and hands-on learning o Give Farm to School presentations to schools, food service directors, the School Nutrition Association, and the National Farm to School Network o Serve as the South Dakota Core Partner for the National Farm to School Network • Participating in the development of the SD Local Foods Directory • Managing and operating the SD Local Foods Co-op o Train and manage volunteer staff o Coordinate delivery logistics o Work with a leadership committee to help plan for long-term co-op success • Working collaboratively with the Western Organization of Resource Councils (WORC) o Work on national issue campaigns through a seven state network • Organizing and facilitating meetings with various chapters and committees • Working with a Board of Directors • Writing and publishing stories, fact sheets, informational materials for Dakota Rural Action • Working with various SD state agencies on the writing, development, interpretation, and implementation of state level laws and regulations SDSU International Affairs Office, Brookings, SD Peer Advisor/Student Sustainability Coordinator, August 2008 – August 2009 Duties included: • Informing students about study abroad options • Organizing events dealing with environmental sustainability • Researching advertising options and developing outreach materials • Filing, scheduling appointments, and other general office work • Evaluating study abroad programs 3. Community Volunteer Service: City of Brookings Sustainability Council, Brookings, SD Chair, 2015 – Present; Committee Member 2014-2015 As a member of the Sustainability Council I participate in Sustainability Council meetings, help organize the City of Brookings annual Earth Day event, help coordinate and host the monthly Green Drinks presentation, provide recommendations to the Brookings City Council on issues relating to sustainability, and serve on sub-committees focusing on urban agriculture and renewable energy. I have served as Chair since 2015, for which the duties include working with City staff, leading Sustainability Council meetings, and representing the Sustainability Council when necessary. 4. I would like to serve as a City Council Member because: I have been proud to call Brookings my home since I was a young child. I deeply value being involved in this community and offering my time and energy to making Brookings a thriving, vibrant, sustainable, and welcoming place. I believe that Brookings is a leading example for the state and the region. I would love to help continue to grow that leadership and help make Brookings the community that others strive to be like. I also believe I have the skills necessary to work with other members of the City Council to collectively achieve any goals that are set. I would consider it an honor to have the opportunity to serve the people of Brookings by acting as a City Council Member. Thank you for considering me for the position. 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Friday, April 28, 2017 at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 5:00 pm to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on May 9, 2017. Thank you for applying! Shari Thornes City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 605.692.6281 sthornes@cityofbrookings.org April 12, 2017 FOR IMMEDIATE RELEASE For more information contact: Shari Thornes, City Clerk Phone: (605) 697-8641 APPLICATIONS FOR BROOKINGS CITY COUNCIL MEMBER The City of Brookings is now accepting applications for the City Council Member position that will be vacated by Council Member Keith Corbett, who was elected as Mayor. The appointment term would be from May 9, 2017 – April 30, 2018. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Applications are available on the city website (www.cityofbrookings.org) or at the City Clerk’s Office, 520 3rd Street, Suite 230, Brookings, SD 57006, (605) 692-6281. The completed application and other required documents must be submitted to the City Clerk no later than Friday, April 28, at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 5:00 pm to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment on May 9, 2017 at 6:00 pm. Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work)(cell)(home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings?□ YES □ NO Are you a registered voter in the City of Brookings?□ YES □ NO How long have you been a resident of Brookings? 1. Please list relevant education or training: Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone; (605) 692-6907 fax sthornes@cityofbrookings.org 2. Work experience: 3. Community Volunteer Service: 4. I would like to serve as a City Council Member because: 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Friday, April 28, 2017 at 12:00 pm. All applicants will be invited to attend a special May 3, 2017 City Council Meeting at 5:00 pm to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on May 9, 2017. Thank you for applying! Brookings City Charter City of Brookings Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Election 11-05-02 - Passed; Canvassed on 11-12-02. Amended: May 23, 2006 TABLE OF CONTENTS Page Preamble ............................................................................................................................................ .......... 1 ARTICLE I – POWERS OF THE CITY .............................................................................................. .......... 1 Section 1.01 – Powers of the City ......................................................................................... .......... 1 Section 1.02 – Construction .................................................................................................. .......... 1 Section 1.03 – Intergovernmental Relations ......................................................................... .......... 1 Section 1.04 – Limitations ..................................................................................................... .......... 1 Section 1.05 – New Taxes .................................................................................................... .......... 1 ARTICLE II – CITY COUNCIL............................................................................................................ .......... 1 Section 2.01 – General Powers and Duties .......................................................................... .......... 1 Section 2.02 – Composition, Eligibility, Terms, Bond Required Designation of Areas of Responsibility, Powers and Duties ......................... .......... 2 Section 2.03 – Mayor ............................................................................................................ .......... 2 Section 2.04 – Compensation; Expenses ............................................................................. .......... 2 Section 2.05 – Prohibitions ........................................................................................................ 2 & 3 Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies .................................... .......... 3 Section 2.07 - Judge of Qualifications .................................................................................. .......... 3 Section 2.08 – Clerk .............................................................................................................. .......... 3 Section 2.09 – Investigations ................................................................................................ ....... .. 4 Section 2.10 – Independent Audit ......................................................................................... .......... 4 Section 2.11 – Procedure ..................................................................................................... .......... 4 Section 2.12 – Action Requiring an Ordinance ..................................................................... .... 4 & 5 Section 2.13 – Ordinances and Resolutions in General ....................................................... .......... 5 Section 2.14 – Emergency Ordinances ................................................................................ .......... 5 Section 2.15 – Codes of Technical Regulations ................................................................... .......... 5 Section 2.16 – Authentication and Recording; Codification; Printing ................................... .... 5 & 6 ARTICLE IIA – CITY MANAGER ....................................................................................................... .......... 6 Section 2A.01 – Appointment; Qualifications; Compensation .............................................. .......... 6 Section 2A.02 – Removal...................................................................................................... .......... 6 Section 2A.03 – Acting City Manager ................................................................................... .......... 6 Section 2A.04 – Powers and Duties of City Manager ........................................................... .... 6 & 7 ARTICLE III – DEPARTMENTS, OFFICES AND AGENCIES ........................................................... .......... 7 Section 3.01 – General Provisions ........................................................................................ .......... 7 Section 3.01(b) – Supervision ............................................................................................. .......... 7 Section 3.02 – Legal Officer .................................................................................................. .......... 8 ARTICLE IV – FINANCIAL PROCEDURES ...................................................................................... .......... 8 Section 4.01 – Fiscal Year .................................................................................................... .......... 8 Section 4.02 – Submission of Budget and Budget Message ................................................ .......... 8 Section 4.03 – Budget ........................................................................................................... .......... 8 Section 4.04 – City Council Action on Budget ...................................................................... .......... 8 Section 4.05 – Appropriation and Revenue Ordinances ....................................................... .... 8 & 9 Section 4.06 – Amendments After Adoption ......................................................................... .......... 9 Section 4.07 – Lapse of Appropriation .................................................................................. .......... 9 Section 4.08 – Administration of Budget ............................................................................... .......... 9 Section 4.09 – Overspending of Appropriations Prohibited .................................................. .. 9 & 10 Section 4.10 – Public Records .............................................................................................. ........ 10 ARTICLE V – ELECTIONS ................................................................................................................ ........ 10 Section 5.01 – City Elections ................................................................................................ ........ 10 Section 5.02 – Initiative and Referendum ............................................................................. ........ 10 ARTICLE VI – BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL ........ 10 Section 6.01 – Management and Control of Brookings Municipal Utilities and Brookings Municipal Hospital .................................................................. 10 & 11 ARTICLE VII – GENERAL PROVISIONS .......................................................................................... ........ 11 Section 7.01 – Conflicts of Interest, Board of Ethics ............................................................. ........ 11 Section 7.02 – Prohibitions ................................................................................................... 11 & 12 ARTICLE VIII – CHARTER AMENDMENT ........................................................................................ ........ 12 Section 8.01 – Proposal of Amendment ............................................................................... ........ 12 Section 8.02 – Election ......................................................................................................... ........ 12 Section 8.03 – Adoption of Amendment ............................................................................... ........ 12 ARTICLE IX – TRANSITION/SEPARABILITY PROVISION .............................................................. ........ 13 Section 9.01 – Officers and Employees ................................................................................ ........ 13 Section 9.02 – Departments, Offices and Agencies ............................................................. ........ 13 Section 9.03 – Pending Matters ............................................................................................ ........ 13 Section 9.04 – State and Municipal Laws ............................................................................. ........ 13 Section 9.05 – Schedule ....................................................................................................... ........ 14 Section 9.06 – Separability ................................................................................................... ........ 15 1 05-23-2006 Amended PREAMBLE We the people of the City of Brookings, in order to establish a more representative and effective city government, do adopt this Charter in accordance with the Home Rule power granted in Article IX, Section 2 of the South Dakota Constitution and the procedural requirements of SDCL Chapter 6-12. ARTICLE I POWERS OF THE CITY Section 1.01 – Powers of the City. The City shall have all powers possible for a city to have under the Constitutions of this State and of the United States. It is the intention of this Charter to confer upon the City every power it may have under law, as fully and completely as though the power was specifically mentioned. Section 1.02 – Construction. This Charter shall be construed liberally in favor of the City and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the City to those so mentioned. Section 1.03 – Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or more states or any state division or agency, or the United States or any of its agencies or any township, county or municipality. The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth in SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement entered into by virtue of that power under any prior City organization or form of government. Section 1.04 – Limitations. Nothing in this Charter shall be construed to permit the City to do any of the following: 1. Levy a personal or corporate income tax, 2. Issue more liquor licenses, 3. Permit increased gaming, or 4. Incur additional debt, unless and except to the extent otherwise authorized to any City established as a SDCL Title 9 authorized form of City government. Section 1.05 – New Taxes. Any tax which is approved by the City Council may be submitted by the City Council to a vote of the people for approval or disapproval before it becomes effective. Any tax which is approved by the City Council may also be referred to a vote of the people by referendum for approval or disapproval. 2 05-23-2006 Amended ARTICLE II CITY COUNCIL Section 2.01 – General Powers and Duties. All powers of the City shall be vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. The Council shall act as a part-time, policy making and legislative body, avoiding management and administrative issues which are hereafter assigned to a City Manager. Section 2.02 – Composition, Eligibility, Terms, Powers and Duties. a. Composition. There shall be a City Council composed of the Mayor and six (6) Council Members to be elected by the voters of the City at large. b. Eligibility. Only the registered voters of the City who have resided in the City for at least six months immediately prior to the date of election shall be eligible to hold the office of Council Member or Mayor. c. Terms. The terms of Council Members and the Mayor shall be for three (3) years following the completion of the terms as provided in Section 9.05. d. The Council by resolution shall establish the powers and the duties of the Council and of the Mayor in addition to those assigned by the Charter. Section 2.03 – Mayor. The Mayor shall have the powers and duties as a Council Member, including the power to vote, and in addition, shall preside at the meetings of the Council, represent the City in intergovernmental relationships, appoint with the advice and consent of the Council the members of citizen advisory boards, committees, and commissions, present an annual state of the City message, and perform other duties specified by the Council. The Mayor shall be recognized as head of the government for all ceremonial purposes and by the Governor for the purpose of military law. The Mayor shall have no administrative duties. The Council shall elect annually, from among its members, a Deputy Mayor who shall act as Mayor during the absence or the disability of the Mayor, or until a vacancy in the office of Mayor is filled. Section 2.04 – Compensation; Expenses. The initial annual salary for Council Members of the City Council shall be $3,600 and shall be $4,800 for the Mayor. The Council, by resolution approved by at least five Council Members, may increase the salaries of the Council Members and of the Mayor provided that no such resolution shall become effective until the date of commencement of the term of the Council Member or Mayor elected at the next regular election. The Mayor and Council Members shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05 – Prohibitions. (a) Holding Other Office. Except where authorized by law, no Council member shall hold any other elected public office during the term for which the member was 3 05-23-2006 Amended elected to the Council. No Council member shall hold any other City office or City employment during the terms for which the member was elected to the Council. No former Council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the Council. Nothing in this section shall be construed to prohibit the Council from selecting any current or former Council member to represent the City on the governing board of any regional or intergovernmental agency. (b) Appointments and Removals. The City Council or any of its members shall not in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint, however the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officer or employee. (c) Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.09, the Council or its members shall deal with the City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the person’s death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth in SDCL Title 9. (c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor or Council Member: 1. Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law. 2. Violates any expressed prohibition in Section 7.02 of this Charter. 3. Fails to maintain residency within the city limits. 4. Is convicted of a felony. 5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during a fiscal year, or three consecutive regular meetings of the Council, without being excused by the Council. 4 05-23-2006 Amended (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. Section 2.07 – Judge of Qualifications. The City Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The Council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the Council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least 7 days in advance of the hearing. Decisions made by the Council under this section shall be subject to judicial review. Section 2.08 – Clerk. The City Council shall appoint an officer of the City who shall have the title of Clerk. The Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this Charter or by the Council or by state law. Section 2.09 – Investigations. The City Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Council shall be a misdemeanor punishable by a fine and/or jail sentence to be established by resolution of the Council. Section 2.10 – Independent Audit. The City Council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the Department of Legislative Audit makes such an audit, the Council may accept it as satisfying the requirements of this section. 5 05-23-2006 Amended Section 2.11 – Procedure. a. Meetings. The Council shall meet regularly at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of 4 or more members and, whenever practicable, upon no less than twenty-four (24) hours notice to each member. Except as allowed by state law, all meetings shall be public. b. Rules and Journal. The City Council shall conduct all meetings under the provisions of Roberts Rules of Order with the exception of any conflict with this Charter, City Ordinance, State or Federal statute, determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. c. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the Charter or the preceding sentence and in Section 2.06, shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the Council. Section 2.12 – Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which: 1. Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency; 2. Levy taxes; 3. Grant, renew or extend a franchise; 4. Regulate land use and development; 5. Amend or repeal any ordinance previously adopted; 6. Establish and regulate the conduct of elections; Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13 – Ordinances and Resolutions in General. City ordinances and resolutions shall be introduced, published, enacted, recorded, and codified as provided in state law; however, the City Council may by ordinance amend such requirements. 6 05-23-2006 Amended Section 2.14 – Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in Section 4.06(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least 5 members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.15 – Codes of Technical Regulations. The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: 1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance. 2. A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to Section 2.16(a). Copies of any adopted code of technical regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.16 – Authentication and Recording; Codification; Printing. a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the City Council. b. Codification. Within three years after adoption of this Charter and at least every ten years thereafter, the City Council shall provide for the preparation of a general codification of all City ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of South Dakota, and such codes of technical regulations and other rules and 7 05-23-2006 Amended regulations as the Council may specify. This compilation shall be known and cited officially as the Brookings City Code of Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council. The term “City Council” or “Council” shall replace and mean the term “City Commission” or “Commission” in the Code of Ordinances. c. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the Council. Following publication of the first Brookings City Code of Ordinances and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addition to the provisions of the Constitution and other laws of the State of South Dakota, or the codes of technical regulations and other rules and regulations included in the code. ARTICLE IIA CITY MANAGER Section 2A.01 – Appointment; Qualifications; Compensation. The City Council by the affirmative vote of four (4) or more members of the Council shall appoint a City Manager for an indefinite term and fix the manager’s compensation. The City Council shall conduct a review of the performance of the City Manager at least annually. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and professional employment experience as a city manager or assistant city manager. The Manager need not be a resident of the City or state at the time of appointment but may reside outside the City while in office only with the approval of the Council. Section 2A.02 – Removal. The City Manager may be suspended by a resolution approved by the affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager’s removal. After the public hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total membership may adopt a final resolution of removal. The City Manager shall continue to receive full salary until the effective date of a final resolution of removal. Section 2A.03 – Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate a City officer or employee to exercise the powers and perform the duties of City 8 05-23-2006 Amended Manager during the manager’s temporary absence or disability. The City Council may revoke such designation at any time and appoint another officer of the City to serve until the City Manager returns. Section 2A.04 – Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City, responsible to the Council for the administration of all city matters placed in the manager’s charge by or under this Charter. The City Manager shall: 1. Appoint and, when necessary in their discretion, suspend or remove all city employees and appointive administrative officers provided for by or under this Charter. The City Manager may authorize any administrative employee or officer subject to the manager’s direction and supervision to exercise these powers with respect to subordinates in that employee or officer’s department, office or agency; 2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; 3. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion but shall not vote; 4. See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the manager’s direction and supervision, are faithfully executed; 5. Prepare and submit the annual budget and capital program to the City Council; 6. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the Council may require; 7. Submit updates annually on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the Council may require; 8. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; 9. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City Manager’s direction and supervision; 10. Keep the City Council fully advised as to the financial condition and future needs of the City; 9 05-23-2006 Amended 11. Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, but no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; 12. Be the personnel director of the City; 13. Make recommendations to the City Council concerning the affairs of the City; 14. Provide staff support services for the Mayor and Council members; and 15. Perform such other duties as are specified in this Charter or as may be required by the City Council. ARTICLE III Departments, Offices and Agencies Section 3.01 – General Provisions. a. Creation of Departments. The City Council may establish City departments, offices or agencies in addition to those created by this charter and may prescribe the function of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. Section 3.01 (b) – Supervision. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer or employee appointed by and subject to the direction and supervision of the City Manager. With the consent of Council, the City Manager may serve as the head of one or more of such departments, offices or agencies or may appoint one person as the head of two or more of such departments, offices or agencies. Section 3.02 – Legal Officer. There shall be a legal officer of the City appointed by the City Council. The legal officer shall serve as chief legal advisor to the Council and all City departments, offices and agencies; shall represent the city in all legal proceedings and shall perform any other duties prescribed by state law, by this Charter or by ordinance. Section 3.03 - Copying of Public Records. Any officer or public servant required to keep or preserve any record, document, or other instrument subject to the provisions of SDCL 1-27-1 shall keep the records open to inspection and copying by any person during normal business hours. A reasonable fee established by the City Manager may be charged for copying the record. 10 05-23-2006 Amended ARTICLE IV Financial Procedures Section 4.01 – Fiscal Year. The fiscal year of the City shall begin on the first day of January and end on the last day of December. Section 4.02 – Submission of Budget and Budget Message. On or before the first day of August of each year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message. Section 4.03 – Budget. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Council may require. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the current fiscal year. It shall indicate in separate sections: 1. The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organization unit, and program, purpose or activity, and the method of financing such expenditures. 2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus the fund balance carried forward, exclusive of reserves. Section 4.04 – City Council Action on Budget. a. Budget Hearings. The City Council may schedule public hearings at appropriate times and may direct changes in the City Manager’s proposed budget. b. Adoption. The City Council shall adopt the final budget on or before the 30th day of September of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the City Manager shall go into effect. Section 4.05 – Appropriation and Revenue Ordinances. To implement the adopted budget of the ensuing fiscal year, the City Council: a. Shall, no later than its first regular meeting in September of each year or within 10 days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful 11 05-23-2006 Amended expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than the last day of December of each year. b. Shall adopt any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources. Section 4.06 – Amendments After Adoption. a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. b. Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.14. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. c. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the City Manager, shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Council and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. d. Transfer of Appropriations. At any time during the fiscal year the City Council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The City Manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the Council in writing prior to the next Council meeting. 12 05-23-2006 Amended e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 4.07 – Lapse of Appropriations. Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. Section 4.08 – Administration of Budget. The City Council shall provide by ordinance the procedures for administering the budget. Section 4.09 – Overspending of Appropriations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or the City Manager’s designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payments made illegal. A violation of this provision shall be cause for removal of any employee or officer who knowingly authorized or made such payment or incurred such obligation. Such employee or officer may also be liable to the City for any amount so paid. Except where prohibited by law, however, nothing in this Charter shall be construed to prevent the making of improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance. Section 4.10 – Public Records. Copies of the budget, and appropriation and revenue ordinances shall be public records and shall be made available to the public at suitable places in the City. ARTICLE V Elections Section 5.01 – City Elections. a. Regular Elections. The regular city election shall be held at the time established by state law or as established by ordinance of the City Council. b. Registered Voter Defined. All citizens legally registered under the Constitution and laws of the State of South Dakota to vote in the City shall be registered voters of the City within the meaning of this Charter. 13 05-23-2006 Amended c. Conduct of Elections. The provisions of the general election laws of the State of South Dakota shall apply to elections held under this Charter or as set forth in any ordinance adopted by the City Council. All elections provided for by this Charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt ordinances consistent with law and this Charter, and the election authorities may adopt further regulations consistent with law and this Charter and the ordinances of the Council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of City ordinances generally. Section 5.02 – Initiative and Referendum. The powers of initiative and referendum are hereby reserved to the electors of the City. The provisions of the election law of the State of South Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter. ARTICLE VI Brookings Municipal Utilities and Brookings Municipal Hospital Section 6.01 a. Management and Control of Brookings Municipal Utilities. The management and control of the Brookings Municipal Utilities is vested in the Utility Board as established by a vote of the Brookings city voters on April 14, 1970. The Utility Board may take any and all action it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter acquired under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. b. Management and Control of Brookings Municipal Hospital. The management and control of the Brookings Municipal Hospital is vested in a Hospital Board as established by Chapter 18 of the Code of Ordinances of the City of Brookings. The Hospital Board may take any and all action it deems advisable in the furtherance of the hospital or its related facilities under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. 14 05-23-2006 Amended ARTICLE VII General Provisions Section 7.01 – Conflicts of Interest; Board of Ethics. a. Conflicts of Interest. The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official, the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. The appearance of impropriety shall be avoided. Municipal officials shall be, at a minimum, restricted from conflict of interest to the same extent that state public officials are bound by state law; provided however, that the City Council may adopt an ordinance setting a stricter standard. Section 7.02 – Prohibitions. a. Activities Prohibited. 1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, sexual orientation, age, handicap, religion, country of origin, or political affiliation. 2. No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. 3. No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with any test, appointment, proposed appointment or proposed promotion. 4. No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription, or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. 5. No city employee shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any City office. The expression of private or personal views concerning candidates for political office is not prohibited hereby. 15 05-23-2006 Amended Violation of this section shall be grounds for discharge or other disciplinary action. b. Penalties. Any violation of this section shall be sufficient cause for the suspension, demotion, or termination of the employment of any City employee found to be in violation of this section. The City Council shall establish by ordinance such further penalties as it may deem appropriate. ARTICLE VIII Charter Amendment Section 8.01 – Proposal of Amendment. Amendments to this Charter may be framed and proposed: a. In the manner provided by law, or b. By ordinance of the City Council containing the full text of the proposed amendment (except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and effective upon adoption, or c. By report of a charter commission created by ordinance, or d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend the Charter by filing with the City Clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed charter amendment. Promptly after the affidavit of the petitioners’ committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners’ committee. The petitions shall contain or have attached thereto throughout their circulation the full text of the proposed charter amendment and must be signed by registered voters of the City in the number of at least ten percent of those individuals actually voting in the City in the preceding gubernatorial election. Section 8.02 – Election. Upon delivery to other City election authorities of the report of a charter commission pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted ordinance proposing an amendment pursuant to Section 8.01(b) or a petition finally determined sufficient to propose an amendment pursuant to Section 8.01(d), the election authorities shall submit the proposed amendment to the voters of the City in an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least 30 days prior to the date of the election. If the amendment is proposed by petition, the amendment may be withdrawn at any time prior to the 13th day preceding the day scheduled for the election by filing with the City Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners’ 16 05-23-2006 Amended committee. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the City Council shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be as specified in the state election law. Section 8.03 – Adoption of Amendment. If a majority of the registered voters of the City voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment, or if no time is therein fixed, 30 days after the initial canvas certifying its adoption by the voters. ARTICLE IX Transition/Separability Provision Section 9.01 – Officers and Employees. a. Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter or any amendment thereof takes full effect a City administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he or she vacate the office or position. c. Personnel System. An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Article III. Section 9.02 – Departments, Offices and Agencies. a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this charter or, if the charter makes no provision, designated by the City Council. b. Property and Records. All property, records and equipment of any department, office or agency existing when this Charter or any amendment thereof is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or 17 05-23-2006 Amended in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the City Council in accordance with this Charter. Section 9.03 – Pending Matters. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the City department, office or agency appropriate under this Charter. Section 9.04 – State and Municipal Laws. a. In General. All City ordinances, resolutions, orders and regulations which are in force when this amended Charter becomes effective shall continue except any ordinance is repealed to the extent it is inconsistent with this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of South Dakota permit, all laws relating to or affecting this City or its agencies, officers or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. Section 9.05 – Schedule. a. Transition and Election Schedule. Three (3) members of the City Council and the Mayor shall be elected at the regular city election in 2003, with two (2) members of the City Council elected to serve until the regular city election in 2004, after which the three (3) year terms of their successors shall begin, and one (1) member and the Mayor elected to serve until the regular city election in 2006 after which the three (3) year terms of their successors shall begin. Three (3) members of the City Council shall be elected at the regular city election in 2005, with one (1) member of the City Council elected to serve until the regular city election in 2006, after which the three (3) year term of their successor shall begin, and two (2) members elected to serve until the regular city election in 2008 after which the three (3) year terms of their successors shall begin. At the regular city election in 2006 and thereafter vacancies shall be filled for three year terms with regular city elections being held annually. b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the City Council shall follow the procedures prescribed in Article II, except that at its first meeting or any meeting held within 60 days after the first City Council meeting of this Charter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective city government. 18 05-23-2006 Amended Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the 91st day following the date on which it was adopted, renewed or otherwise continued except by adoption in the manner prescribed in Article II of this Charter for ordinances of the kind concerned. c. Initial Expenses. The initial expenses of the City Council, including the expense of recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor and Clerk. Section 9.06 – Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. 19 05-23-2006 Amended Amendments • May 23, 2006 – City Council approved Ordinance No. 17-06, an Ordinance Amending Section 7.02 of the Charter of the City of Brookings, SD, and pertaining to Prohibited Discrimination of the City of Brookings, SD. 20 05-23-2006 Amended Resolutions • December 14, 2010 – City Council approved Resolution No. 110-10, a Resolution establishing Special Meeting Compensation for Council Members of the City of Brookings. (see attached Resolution) • April 24, 2012 – City Council approved Resolution No. 69-12, a Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings. (see attached Resolution) Resolution No. I I 0-1 0 Resolution Establishing Special Meeting Compensation for Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that for each special meeting of the City Council, the Council Members shall be paid a stipend of $75.00, in addition to the annual compensation as established in Section 2.04 of the City Charter. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 20 I I. Passed and approved on the 14'h day of December, 20 I 0. CITY OF BROOKINGS Tim Reed, Mayor Resolution No. 69-12 Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that the annual salary for Council Members of the City Council shall be $7,200 and shall be $9,600 for the Mayor. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 2012. Passed and approved on the 24th day of April, 20 12. CITY OF BROOKINGS Tim Reed, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0293,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 4/28/2017Page 1 of 1 powered by Legistar™