Agenda - Charter Commission - 08/15/2002 - Joint with CC

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Minn. ,Stat. § 412.11] Minn. Stat. § 412.111 Jewell B¢lti.g Co. v. Bertha, 91 Mimh 9 (1903) elected body to oversee day-to-day operations. In a step to move towards delegating many of these day-t0~day functions, many city have chosen to create the position of city administrator. ~A key issue in the creation of the city administrator position is the level of authority, particularly supervisory authority of other city staff, that will be vested in the position. In some cities, the responsibilities may be an expansion of the city clerk's duties. In other cities, the powers may be almost as broad as those of a city manager, with the exception that the council cannot delegate its final authority for hiring and firing city staff. However, some city councils give deference to the administrator's recommendations on appointments and removals. A. Form of government The administrator position is not a required position for any type of city but city councils may choose to have such a POsition. It is more common to see an administrator in a Plan A city. The position is usually created by ordinance or resolution Sometimes the administrator position exists in addition to a separate city clerk position, but often the duties are merged into a combined clerk- administrator position. Because a Plan B city has a city manager, it would be unlikely to also have a city administrator position. Home rule charter cities should check their city charters for provisions dealing with their city administrator. B. Powers and duties Since the city administrator is not a position that is created by state statute, its duties can vary greatly from city to city. Generally, the position is one to which the city council delegates some of its responsibilities for the day-to-day administration of the city. When the position is combined with that of the city clerk, however, it will include all the duties of the city clerk. But the council is not able to delegate hiring and firing decisions to the administrator. Statutory city councils that wish to delegate this responsibility might consider adopting the council-manager plan under Optional Plan B. Home rule charter cities, however, may be able to delegate such responsibility with a proper charter provision. The Minnesota Supreme Court found that a city council could not delegate its legislative power to an administrator. Nor could it delegate may administrative power that calls for judgment and discretion to an administrative officer, such as the authority to enter into a contract to purchase a fire pumper. 2O League of Minnesota Cities -37-