Agenda - Charter Commission - 01/20/2005

Home

Mitre. Stat. § 412.111. 3. Home ru{e charter cities The role cfa city clerk ill a home rule charter city depends i~pon the provisions in tile city's charter. Home rule charter cities should consult their charters to determine whether there is such an office in their city and if the office is appointed or elected. If the office exists, there may also be a provision that explains how the position is filled and how a person is removed fi'om the office. As with other terminations, the council and the city manager should consult with the city attorney before beginning the process. Part IV, City administrator The city council may appoint employees for the city as deemed necessary for the proper rnanagement and operation of city affairs. Standard Plan and Plan A city councils may establish, by ordinance or resolution, a chief administrative officer, often called the city administrator position. Tile history of the city administrator position is less deftned than the history of the clerk and manager positions. [n Minnesota, the city administrator position has apparently grown out of the city clerk position, As a city's opera.]ions grow more complex, it becomes unrealistic tbr the elected body to oversee day-to-day operations. In a step to move t. oward delegating many of these day-to-day functions, many city councils 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. Other cities may give tile administrator broader powers. Cities must make sure that only ministerial duties are delegated to a city administrator. The'courts will not permit the delegation of any administrative power that calls for judgment or discretion. A. Form of government' No form of government requires an administrator position. It is common, however, to see an administrator ill a Plan A city. Tile position is usually created by ordinance or resolution. Sometimes tile administrator position exists in addition to a separate city clerk position, but often the cluties are merged into a combined clerk-adrninistrator 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 consult their city charters fbr provisions addressing their city administrator. 18 LmlgLle o1' Minnesota Cilic~ -40-