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03/08/22
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03/08/22
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3/14/2025 11:54:19 AM
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3/11/2022 2:26:34 PM
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City Clerk
City Clerk Document Type
City Update
Document Date
12/31/2022
Document Title
03/08/22
Retention Date
12/31/2026
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RELEVANT LINKS: <br />Minn. Stat. § 412.201. <br />Jewell v. Bertha, 97 N.W. <br />424 (Minn. 1903). Plymouth <br />Foam Products, Tnc. v. City <br />of Becker, 944 F. Supp. 781 <br />(D. Minn. 1996). <br />Minn. Stat. § § 412.601 - <br />.751. <br />Similarly, a majority of charter cities have a weak -mayor form of <br />government, in which the mayor's powers generally do not exceed those <br />of other councilmembers. A few charter cities give the mayor limited <br />additional powers, such as control over the police department. However, <br />three charter cities —St. Paul, Duluth, and St. Cloud —follow a strong - <br />mayor format where the mayor has administrative authority over city <br />matters, including city personnel. Mayors of these cities probably could <br />investigate and remove employees without council approval. Mayors in <br />charter cities should review their charters to determine the extent of their <br />authority over employees. <br />E. Negotiating employee severance packages <br />In the liquor store scenario, did the councilmember lawfully negotiate a <br />severance package? No, individual councilmembers may not <br />independently negotiate contracts or agreements, such as a severance <br />package with the liquor store manager. State law provides the "council" <br />must authorize contracts. Minnesota case law not only states that this <br />power cannot be delegated, it also prevents a city from being bound by a <br />contract made by an individual councilmember. Councilmembers from <br />charter cities should consult their charters, but most charters probably do <br />not authorize an individual councilmember to execute contracts. <br />The full council could later ratify the contract. If the council does not <br />ratify the contract, the individual councilmember potentially could bear the <br />personal liability for claims raised by the contracting party, such as <br />detrimental reliance or promissory estoppel. Accordingly, all <br />councilmembers should make clear to individuals interested in contracting <br />with the city that the city can only enter into a contract with the vote of <br />council. <br />V. Councilmembers and employees in Plan B <br />cities <br />Plan B cities have a council-manager form of government. A number of <br />charter cities also use this structure. Like Standard Plan and Plan A cities, <br />the council exercises policy -making and legislative authority. However, <br />for Plan B cities, Minnesota's statutes grant city managers additional, <br />administrative duties. For example, the council appoints the manager who, <br />in turn, appoints and supervises the city staff. Therefore, in a Plan B city, <br />the city manager makes initial hiring and firing decisions, with later <br />approval of the council needed still being required. Additionally, regarding <br />expenditures, a city manager in a Plan B city serves as the city's <br />purchasing agent for contracts under $20,000, unless the city council <br />provides for a lower limit, which provides the city manager some <br />discretion in spending. <br />League of Minnesota Cities Information Memo: 4/14/2020 <br />Role with It: Individual Versus Council Authority Page 6 <br />
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