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NEW ULM -- The city's Charter Commission considered amendments to the anti-nepotism language to include a definition of immediate family and consider a code of ethics for elected officials.
New Ulm is a Home Rule Charter City and the charter functions like the city's constitution. New Ulm's Charter Commission is expected to meet once a year to review the charter but can meet if the need arrives.
Within the last year, section 24 of the charter has become an issue of concern. This section contains anti-nepotism language that prohibits city employment of immediate family members of elected officials.
The anti-nepotism language has been in the charter since 1973, but few city officials were aware of the language until 2020. Since then, three incidents forced individuals to resign or to not be considered for a position because of a family connection working with the city.
City attorney Roger Hippert presented the commission with different options for amending the anti-nepotism provision. The first option was to delete the provision for section 24. The second option was to retain the provision, but define the immediate family to prevent the provision from being too broad.
Another option was to include a new section in the charter establishing a Code of Conduct or Ethics for an elected official. The conducts or ethics code could be broad enough to cover a variety of situations that the nepotism language does not currently cover.
A provision from Minneapolis' code stated: "a local official or employee of the city shall not influence or attempt to influence the hiring, transfer, suspension, promotion, discharge, reward, discipline or the adjustment of grievances of a related person."
The benefit of an ethics code is it allows family members of an elected official to work for the city, but requires the elected official to recuse themselves if a family member is involved.
The commission was leaning toward placing a code of ethics for elected officials in the charter, but also wanted to define "immediate family." Currently, Immediate family could be broadly defined and could include extended cousins. The commission agreed by consensus they wanted an immediate family definition to include parents, spouses, siblings, children, grandparents and in-laws. Cousins, aunts, uncles, nieces and nephews would not be included.
The commission also considered limited anti-nepotism regulation to department head positions. The commission was not concerned if an elected official's child was working in a part-time entry-level position for the city.
Hippert agreed to a draft amendment to the next commission. The anti-nepotism line would be removed and replaced with a code of ethics for elected officials in regards to family working for the city and include the definition of the immediate family.
The commission also discussed identifying additional city departments in the charter. Currently, the appointment and removal of all city department head positions are subject to the approval of the City Council. The city manager has discretion over other positions. The commission could identify additional city departments that would require their approval to hire or dismiss.
Hippert also agreed to bring draft language for a potential amendment. Currently, the charter only recognizes the Board of Health, Public Utilities Commission, Fire Department, Police Commission and Human Rights Commission. The amendment is expected to add Engineering Department, Human Resources director and Finance director.
The charter made only a single recommendation to change the charter during the meeting. A change to section 214A was recommended for amendment. This section covers lien for utility charges. Currently, the charter does not allow the PUC to place a utility lien for water or gas. The recent state legislature will allow local utilities to place liens on water or gas utilities. The recommended language change to the charter would give the Public Utilities Commission (PUC) authority to collect payment through liens.
The next commission meeting will be scheduled for late April. The Tuesday, March 29, meeting was postponed as multiple commissioners will be unable to attend.