HomeMy WebLinkAboutRoles & Responsiblities (/‘.. Jovanovich
Kadlec
ATTORNEYS AT LAW
Thomas Jovanovich
Jovanovich, Kadlec & Athmann, PA
1010 West St. Germain, Suite 420
St. Cloud, MN 56301
(320) 230-0203
St. Joseph is a "Weak Mayor-Council"
System
A. "Weak Mayor-Council" most common plan in
Minnesota.
B. Administrative as well as legislative authority is the
ultimate responsibility of the Council .
C. Mayor's powers are no greater than those of any
other member of the Council.
*Exception — Mayor has additional
responsibility in his/her role as presiding
officer at Council meetings.
Mayor
A. Presiding officer and a regular member of the City
Council .
B. Mayor has all the powers and duties of the office of
Council members in addition to those of Mayor.
1 . Mayor usually serves as the City's
representative before the Minnesota
legislature, federal agencies and other local
governments.
2 . Mayor performs ceremonial duties on behalf
of the community.
Power to Make Appointments
1. Power to appoint usually resides with the Council.
2. Mayor of a statutory city may not hire or fire City employees.
3. Mayor has no special supervisory duties over the department apart from
membership on the Council.
4. Mayor has authority to make the following appointments subject to Council
approval:
* park board members
* public library board members
* civil defense director
* hospital board members
* some police civil service commission members
* the Mayor also fills vacancies in elective offices without Council
confirmation if the Council, in filling the vacancy, casts a tie vote.
Presiding Officer at Council
Meetings
- Mayor recognizes speakers for debate and
motions.
- Mayor rules on questions of Council
procedure.
- Mayor can vote on all motions put before
the Council , but does not have the right to
veto Council actions .
- Mayor has an obligation to be impartial and
objective in conducting the meetings.
City Council and Its Powers
1 . Council members (including Mayor's) duties are to be
performed by the Council as a whole.
2. The Council, not individual members or Mayor, must:
- supervise administrative officers
- formulate policies
- exercise City powers
3. Duties of City employees are responsibility of the Council as a
whole.
4. As individuals, Council members and Mayor cannot give orders
or otherwise supervise City employees unless specifically
directed to do so by the Council.
5. As a Council, Council members have complete authority over
all administrative affairs in the City.
Delegation of Council Power
1 . City Council may not delegate legislative or quasi-judicial
power unless authorized to do so by the legislature.
2. Council may not delegate any administrative power of a
discretionary nature to:
- council committee
- administrative officer
- advisory board or commission
- individual Council member
3. Councils may delegate to others only those functions that
do not involve the exercise of discretionary administrative
power.
Independent Citizens Boards and
Commissions
1 . Council may give discretionary powers to certain
boards and commissions based on statute statutes.
2. Power of these independent boards is defined by
state statutes.
3. Examples:
- civil service board
- housing and redevelopment authority (HRA)
- intergovernmental boards and commissions
- park board
- economic development authority (EDA)
.Advisory Boards and Commissions
1 . Council may create and dissolve these advisory
boards by resolution.
2. Council may not delegate legislative or
discretionary powers to advisory boards.
3. Differences between independent boards and
advisory boards:
a. State statutes establish the power of
independent boards.
b. Advisory boards conduct studies and submit
reports and recommendations for Council
consideration .
Administrators and m toY ees
1 . Council may appoint employees for the City as deemed necessary for the
proper management and operation of City.
2. City may assign coordinating duties to the City Administrator or City Clerk.
3. Council may delegate the following duties to administrators:
- supervision of workers
- accounting
- preparation of reports
- factual determinations
- execution of Council policies
4. Administrator may not:
- hire and fire employees
- make purchases and let contracts
- unless the Council sets standards governing this action.
Questions following this seminar:
Thomas Jovanovich
Jovanovich, Kadlec & Athmann, PA
1010 West St. Germain, Suite 420
St. Cloud, VIN 56301
(320) 230-0203