Agenda - Council - 03/23/2010 - Laserfiche WebLink

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• It can be confusing and administratively burdensome to have different agreements in place for different employees or groups of employees. Minn. Stat. § 465 72, subd . Different levels of benefits for highly compensated employees can 1. sometimes violate Internal Revenue Service regulations. 0 Provisions in the agreement can become outdated when state and federal laws change.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 See Part III - City clerk State statutes outline many of the duties that may be delegated to a city See Pan V - City manager administrative officer. In some cases, the various duties of a clerk, administrator or manager may be delegated to another city staff member. 2. Authority for paying certain claims Minn. Star. § 412.27 1. The statutory city council may delegate authority - for paying certain claims Sued. s. to a city administrative official. In order to do this, the city must have See information memoo, , P rocedures jot internal accounting and administrative control procedures to ensure the P Paying City claims. 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. CrrY ADMINISTRATION 23 1. General duties Minn. Stal. § 4 12.1 1 1 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. Jewell Beltin Co. v. The courts have ruled a city council is without the authority to delegate Bertha, 91 Minn 9, 97 N.W. 424 (1903). council l powers or an administrative po wer that calls for � P �' di ti � Minn. Stat. § 412.661 judgment and discretion. The statutes provide, however, that certain (hups: / /www.revisor.leg.sta responsibilities, such as the hiring and firing of city employees, are taken te.mn.us/statutes/ ?id =412.6 from the council and assigned to the city manager in Plan B cities. 61). Home rule charter cities should consult their charters regarding the ability to re- assign and delegate duties. 2. Authority for paying certain claims Minn. Star. § 412.27 1. The statutory city council may delegate authority - for paying certain claims Sued. s. to a city administrative official. In order to do this, the city must have See information memoo, , P rocedures jot internal accounting and administrative control procedures to ensure the P Paying City claims. 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. CrrY ADMINISTRATION 23