Agenda - Council - 03/08/2022 - Laserfiche WebLink

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RELEVANT LINKS: A. Role scenario The following employment scenario helps demonstrate how an individual councilmember, who just wants to do the right thing for the city, can overstep his or her role in dealing with employee discipline and termination, potentially exposing the city to liability. Imagine the council has ongoing concerns with the municipal liquor store manager. Citizens complain the store is closed when it should be open and that the staff drinks on the premises. One councilmember decides to address the situation herself. She continuously stops by the store and even drives by the manager's house to make sure he is not home when he should be working. During one visit to the store, the councilmember finds the staff, including the manager, drinking in the back of the store. Knowing the council would agree, she terminates the manager on the spot. To make this situation easier, she negotiates a severance package with him. The councilmember then relates the incident to several friends, making some exaggerated descriptions of what happened. Even though the liquor store manager's actions raise many liability concerns for the city, the councilmember acted beyond the scope of her authority and her actions also present problems for the city. B. Investigating and terminating employees In the scenario above, did the councilmember have authority to investigate or terminate the store manager? No. Minn.Stat.§412.221,listing In Minnesota, state statutes or city charters set forth city council powers. powers of the council. In statutory Standard Plan and Plan A cities, the statutes give the entire Minn.star.§council 201, approval of requiring council approval council control over city matters, including the power to control city contracts for Standard Plan finances, to make contracts, to enact ordinances, and to oversee city and Plan A cities. personnel. The statutes do not allow an individual councilmember to Plymouth Foam Products, independently investigate employees or terminate employment. In the Inc.v. City of Becker,944 F. optional statutory Plan B cities, known as the council-manager plan, the Supp.781 (D.Minn. 1996). council determines all matters of policy, and a city manager heads up the Minn.Stat.§412.611. administrative branch with responsibility to the council for the proper For further discussion of Plan B cities,see discussion III administration of all affairs relating to city. below. Minn.Stat.§410.16. In charter cities, the charter dictates a councilmember's role. State law allows charter cities to adopt any form of government, if it is not inconsistent with state statutes or the state constitution. In almost all charter cities, the charter gives authority to the council rather than to individual councilmembers. However, councilmembers from charter cities should consult their charters to determine their proper roles. League of Minnesota Cities Information Memo: 4/14/2020 Role with It:Individual Versus Council Authority Page 4