Agenda - Council Work Session - 06/28/2022

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RELEVANT LINKS: b. Appointed clerk Clerks in Plan A and Plan B cities are appointed to their positions. Minn,5tat.§412.59 i. Plan A cities are required to appoint a city clerk,but may,by ordinance, combine the offices of clerk and treasurer into a single clerk-treasurer position. In Plan A cities, the clerk works under the direction of the city council. Since the position is not elected,the clerk's term is indefinite. As such,the council may retain a clerk for many years. Minn.star.§412.58 1. The council appoints the clerk in a Plan A city. Similarly, the council also HR Reference Manual, has power to remove the clerk. The council however, should be aware of Chapter 3. p } LMC information memo possible procedural requirements for termination. For example, if civil Veterans Preference in ' f service rules are in place or if the employee is a veteran, certain procedures Discipline,Discharge or Job must be followed. City councils that are considering removing their city Elimination. clerk should contact their city attorney for guidance. Minn.stat.§412.681. In plan B cities, a clerk is also required. The clerk works under the direction of the city manager. As in Plan A cities,the council in Plan B cities may,by ordinance, combine duties of various officers, such as clerk and treasurer. The manager, however, may not perform the treasurer's duties. Minn.5tat.§415.16. Unlike an elected clerk, an appointed city clerk need not be a resident of the HR Reference Manual,Chapter 2. city. In fact, state law prohibits a city from requiring that the clerk live within city limits as a condition of employment. Minn,star.§4 2.Gs ,subd. The city clerk in a Plan B statutory city is also an appointed office. The city 3. manager,not the council, appoints the clerk. Similarly,the city manager has the power to remove the city clerk. The city attorney should always be consulted before removing a city officer. C. Duties of the clerk The city clerk has numerous responsibilities. Some duties are found in Handbook,Election p Procedures. general areas of law, such as state election laws. Others are scattered x throughout the statutes, setting forth a specific process or procedure the clerk must follow. Statutory city clerks have both duties specific to their type of city as well as general duties that apply regardless of city type. Further, the council may develop other ministerial duties specific to the city's needs. Minn.5tat.§412.151,subd. Standard Plan and Plan A city clerks have several specific duties. By statute, the clerk in a statutory city is required to: League of Minnesota Cities Handbook for Minnesota Cities 8141202 City Administrative Staff Chapter 8(Page 4