Minutes - Council Work Session - 08/23/2021 - Special

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Mr. Langel stated it depends on the nature of the Executive Order, which is based in State statute, granting the Governor broad authority with respect to emergency authority. He added a review of other Executive Orders gives a good idea of where the State stands in terms of their authority, and the City’s authority, and potential impacts to the City. He noted cities have passed Resolutions expressing disagreement with Executive Orders. He stressed the importance of ensuring that the City does not get into potential legal difficulties based on a disagreement with an Executive Order. The City of Minneapolis has chosen not to enforce certain laws such as marijuana laws and immigration laws, and recently schools in Texas have countermanded Executive Orders related to school safety. How do these examples reinforce or contradict your stance on the last question related to Executive Orders? Mr. Langel stated it is his understanding that Minneapolis prosecutors have chosen not to force certain laws and that is persecutorial discretion, which does not have an impact on the law itself th which still exists and is valid. He added, regarding immigration law, that is a 10 Amendment issue, and the feds cannot force local governments to assist them in enforcing federal law. He noted Minneapolis has instructed City employees not to cooperate with federal officers in enforcing immigration laws, and they have the right to do that. Mr. Schafer stated, with regard to the issue in Texas, he works with many School Districts, and they can be in a precarious situation with these types of decisions and could risk losing their funding. He added there may be requirements attached to a source of funding. Under Minnesota Statute (216B.36), cities can impose a fee on utility companies that use the public rights-of-way to deliver service. What advice or caution would you give the city in regard to the use of franchise fees? Mr. Langel stated franchise fees can be contentious, although some cities find that they are a straightforward funding mechanism to raise funds for roads or building improvement purposes. He added there are arguments that it is an unfair tax that hits certain demographics harder than others and is not appropriate, but those are policy issues. He noted, from his perspective, this is a matter of knowing what arguments are out there and having a policy discussion at the City Council level. Mr. Langel stated there are other ways besides the franchise fee to find money for roads, including raising taxes. He added the role of the City Attorney is to frame it in terms of legal requirements. He reiterated it is a policy issue. How would you describe the role and relationship the City Attorney has with individual City Council Members? Mr. Langel stated the City Attorney should respond to communications from the City Council and City Staff as quickly as possible. He added they do not get much communication directly from the City Council, as most contact is through City Staff. He noted Councilmembers have very limited individual authority, and the City Council acts as a group to direct the City Attorney’s actions. City Council Special Work Session / August 23, 2021 Page 4 of 22