Agenda - Council - 03/09/2010 - Laserfiche WebLink

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Minn. Stat. § 465.72. subd. 1. See Part III - City clerk. See Part V - City manager. Minn. Stat. § 412.1 1 1. Jewell Belting Co. v. Bertha, 91 Minn. 9, 97 N.W. 424 (1903). Minn. Stat. § 412 661 (https://www.revisor.leg.sta te.mn.us/statutes/?id=412.6 61). Minn. Stat. § 412.271, subd. 8. See LMC information memo, Procedures for Paying City Claims. • It can be confusing and administratively burdensome to have different agreements in place for different employees or groups of employees. • Different levels of benefits for highly compensated employees can sometimes violate Internal Revenue Service regulations. • Provisions in the agreement can become outdated when state and federal laws change. • Allowing the chief administrative officer to operate under a separate contract may cause other levels of supervisors and managers to demand their own contracts. • Future councils may not agree with the contract provisions but may nevertheless be bound by them. D. Delegation of duties State statutes outline many of the duties that may be delegated to a city administrative officer. In some cases, the various duties of a clerk, administrator or manager may be delegated to another city staff member. 1. General duties Since the statutory city council has the power to create positions and define their duties, it would seem to follow that it could delegate almost any responsibility to any city staff. Specific duties, however, must be performed by the city clerk or city treasurer because they are required to perform them by state statute. The courts have ruled a city council is without the authority to delegate council legislative powers or any administrative power that calls for judgment and discretion. The statutes provide, however, that certain responsibilities, such as the hiring and firing of city employees, are taken from the council and assigned to the city manager in Plan B cities. Home rule charter cities should consult their charters regarding the ability to re- assign and delegate duties. 2. Authority for paying certain claims The statutory city council may delegate authority for paying certain claims to a city administrative official. In order to do this, the city must have internal accounting and adiinistrative control procedures to ensure the proper disbursement of public funds. The procedures must include the regular and frequent review of the administrative official's actions by the council. A list of all claims paid under the procedures must be presented to the council for informational purposes at the next regularly scheduled council meeting. CITY ADMINISTRATION 23