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

Home

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