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

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RELEVANT LINKS: Handbook,city People often confuse city managers with city administrators, but the Administrative Staff. statutes treat these two positions very differently. Minnesota statutes Minn.Stat.412.651. define the duties of the city manager position and recognize the position as integral to the Statutory B city. The city administrator position, on the other hand, is a position created by council, not by statute. The duties of the administrator vary from city to city, with some administrators also serving as city clerk. A statutory city council cannot delegate any discretionary authority to a city administrator. A charter city council may do so only if the charter allows delegation. VI. Potential personal liability for councilmembers Minn.Stat.§466.07. Subject to certain limitations, state law generally requires cities to defend and indemnify councilmembers (and employees) for lawsuits arising out of their official duties, as long as the councilmember or employee did not act in bad faith, malfeasance, or willful neglect of their duties. See Handbook,Liability, The doctrine of official immunity protects public officials from suits based Section II-E,Official Immunity. upon discretionary actions performed in the course of their official duties. For example, a councilmember, acting in good faith, likely would not have liability over the question of calling for special assessments. Neither official immunity nor the statute applies when a councilmember acts with malice or in bad faith. In the liquor store manager scenario above, immunity may not protect the councilmember because she acted outside the scope of her duties. See Handbook,Liability, The liquor store scenario highlights other possible issues, such as Section III-B,Protection from Defamation. providing a basis for the employee to allege defamation, intrusion upon seclusion, harassment, retaliation, or data practices violations. For example, the law states that a defamatory statement is one that is false, made to a third party, and harms the reputation of the subject. In the scenario provided, depending on what was said, a councilmember's Minn.Stat.§13.08. exaggerated rendition of the termination and severance to her friends may Minn.Stat.§13.09. rise to the level of defamation. A councilmember has protection through immunity from claims of defamation if the councilmember made statements, in good faith, during a proper occasion and based on probable cause. Here, none of these factors apply. Also, the councilmember in the scenario likely disclosed private personnel data in retelling the events surrounding the termination and severance to her friends, possibly subjecting the city to civil liability for the disclosure. League of Minnesota Cities Information Memo: 4/14/2020 Role with It:Individual Versus Council Authority Page 7