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8.11. SR 03-21-1994 rei ----\.J ( )j ~lk AGENDA ITEM 8.11. - MEMORANDUM FROM: MAYOR & CITY COUNCIL PAT KLAERS, CITY ~TRATOR MARCH 17, 1994 \1/ ,- TO: DATE: SUBJECT: MAYOR TERM OF OFFICE Ever since the January, 1994, League of Minnesota Cities magazine included an article on the duties and powers of a statutory Mayor (see attachment), there has been periodic City Council discussion on the Mayor's term of office changing to four years. I am in the process of researching this issue and have received some material from the League of Minnesota Cities on this topic. Attached for your review is the relevant section of the letter I received from the League on this issue and a copy of the State Statutes section that discusses a four year term of office for the Mayor. e If the City is not still governed by the 1881 special law, then the City can simply change the Mayor's term to four years by adopting an ordinance. This change should take place by approximately June 1, 1994 in order for the November election to be for a four year Mayor term of office. The filing for the Council and Mayor positions closes on July 19, 1994. It should be noted that City ordinances are not effective until they are published so the actual ordinance has to be adopted and published prior to mid June so that everything is completed four weeks in advance of the closing date for the filing of the Mayor's office. While a public hearing on this ordinance is not required by law, it may be appropriate. It seems that the main issue for the City Council is the fact that a Mayor cannot do an adequate job on many work projects in only two years, and really, four years is needed for the Mayor to take the lead on issues and see the completion of projects. Offsetting this concern, is the right of the public to have the opportunity to elect a new City Council majority every two years. This currently takes place with the Mayor and two Councilmembers terms expiring every two years. I believe that these two offsetting issues are the main topics of the debate for a four year Mayor term of office. e The City Attorney will be doing some research on how the City can change to a four year Mayor term of office (if at all possible without special legislation) and should have an update for the Council either on 3/21 or in the very near future. P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 ---- -~ -.r- ~ D 2 'S3~ .eague of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 (612) 490-5600 February 8, 1994 Pat Klaers, City Administrator Box 490 Elk River, MN 55330 Dear Mr. Klaers: ~ '" (J First, you had asked about the procedure for changing the mayor's term from that of a two year term to a four year term. Generally speaking, this is done by ordinance in a statutory city (see Minn. stat. 412.022--a copy is enclosed). However, since Elk River was originally incorporated under a special law (Special Laws of Minnesota 1881, Chapter 12), the city may not be able to use the statutory procedure outlined in Minn. Stat. 412.022. I checked the 1881 law and also the special laws that amended the original incorporation (Special Law 1885, Chapter 68; Special Law 1887, Chapter 33; and Special Law 1889, Chapter 74) and found no provision that would empower the council to change the mayor's term from two years to four. 4Ikhi1e one might try to argue that Minn. stat. Chapter 412 was passed to give some uniformity to the way in which statutory cities are run, it would seem that Minn. Stat. 412.018 specifically lists cities that were incorporated under special laws that are now governed by Minn. Stat. Chapter 412. In short, you may want to get the opinion of your city attorney as to whether this chapter of the statutes would supersede the special law that Elk River incorporated under. If Chapter 412 does supersede the special law, the council could change the mayor's term to a four year one simply by passing an ordinance. In order for it to take affect beginning with the January 1, 1995 term, the ordinance must be ~ass7d at least, four weeks before the closing date for filing affldavlts of candldacy for the November 1994 election. However, if Chapter 412 does not supersede the special law that Elk River incorporated under, it is likely that you will need to seek special legislation in order to make a change in the mayor's term. to ".., '* 412.022 COUNCIL MAY PROVIDE FOUR-YEAR TERM. Subdivision 1. Procedure. The council may, by ordinance, establish a four-year term or reestablish a two-year term for the office of mayor commencing with the ensu- ing term, except that in a standard plan city which establishes a four-year term for mayor, the first mayor to serve a four-year term shall be elected at the first election when the clerk is not to be elected. In any case the ordinance shall not affect the term of the mayor elected in the year in which it is adopted unless it is adopted at least four weeks before the closing date for the filing of affidavits of candidacy for such election. Subd. 2. [Repealed, 1976 c 44 s 70] Subd. 3. [Repealed, 1976 c 44 s 70] History: 1967 c 289 s J6; 1969 c 238 s 1; 1973 c 34 s 3; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 22; 1984 c 655 art 1 s 64 I f e Duties and powers of a statutory mayor CARrA HEYL hat is the role of the mayor in the city? Some believe it's more limited than regular councilmembers, others believe the mayor's power is almost authoritarian. This article will explore the role of the mayor in statutory cities. Home rule charter cities may more freely define the mayor's role. The mayor of a statutory city is the presiding officer and a regular member of the city council. Therefore, the mayor a has all of the powers and duties of any _ other councilmember as well as those of mayor. This includes the right to vote on all issues. Additionally, if the council casts a tie vote in filling an elective office, the mayor may, without council confirma- tion, fill the vacancy. (Minn. Stat 412.02, subd. 2) The mayor of a statutory city must perform the ministerial duties of signing ordinances, contracts authorized by the council, and written orders for payment of claims audited and allowed by the council. The mayor has the authority to appoint, subject to council approval, the following: . Park board members (Minn. Stat. 412.501) . Library board members (Minn. Stat. 134.09) . Civil defense director (Minn. Stat. 12.25) . Hospital board members (Minn. Stat. 412.211) . Some police civil service commissions (Minn. Stat. 44.04, but see Minn. Stat. 419.02) a . Housing and redevelopment authority - members (Minn. Stat. 469.003) The mayor does not have the power to unilaterally appoint or replace an acting 42 \~: >~~ , ~ ...:...~. '0,\ "'. I: .~" : /o.,",....~....../ -:~ ~";."'~~. "'.... -'~ .J'~ _;: ~~r;j, . mayor to serve as mayor during the elected mayor's absence. The entire council has this responsibility (Minn. Stat. 412.121). At elections where citizens will vote on a question, if the mayor receives a written petition signed by at least 25 eligible voters, the mayor must appoint one voter from each precinct to act as challenger of voters in the polling place (Minn. Stat. 204C.07, subd. 2). In cities without fire departments, the mayor is obligated to investigate or have investigated fires which cause damages in excess of $100 (Minn. Stat. 299F.04-.34). Other duties of the mayor include declaring local emergencies (Minn. Stat. 12.29) and submitting notices to the city council when the mayor receives notice of "The mayor has all the powers and duties of any other councilmember as well as those of the mayor." proceedings which affect any body of water within or adjoining the city boundaries (Minn. Stat. 378.03). The only way a statutory City may change the mayor's term is by ordinance. In non-standard plan statutory cities, the ordinance must be adopted at least four weeks before the closing date for the filing of affidavits of candidacy for the ma oral election (Minn. Stat. 412.022). What are e mayor s duties in presiding at council meetings? The mayor does not have the authority to arbitrarily adjourn a city council meeting without approval from the council. Several arguments support the mayor lacking the authority to individually adjourn a council meeting. First, if the city adopts Rnbert s Rules of Order, it is very clear that the mayor cannot adjourn a meeting without at least implied consent from the council. Under Rnbert's Rules, there are two ways that a mayor can adjourn a meeting. The most common method is for a motion calling for adjournment. This motion must be seconded and voted on. Ap- proval requires a simple majority. The other method is less formal. Mter the council has addressed all scheduled business, the mayor may ask if there is any further business. If nobody speaks up, the mayor can announce, because there is no further business, that the meeting is adjourned. The council's consent is implied by members' failure to raise any additional issues for discussion. The problem with Robert's Rules, however, is that they are binding on the council only if they have been formally adopted by resolution. If the city has not adopted them, the procedures set out in its bylaws becomes binding. If no formal procedures are in the bylaws, common practice could become binding. (Please note that the city does not need to adopt Rnberts Rules. It may use others. Roberts is most common.) Finally, and perhaps most importantly, the attorney general has issued an opinion that absent specific authority, a mayor does not have the power to unilaterally adjourn a meeting. In this particular opinion, the attorney general based the decision on the absence of such authority in the inquiring city's charter. Additionally, the statues do not specifi- cally grant such authority. While the mayor is the presiding officer at a council meeting, there is no indication that this position grants the mayor the authority to adjourn a meeting without the council's consent. (Minn. Stat. 412.191, subd. 2.) Any action taken by the rest of the council following such an attempt by the mayor would appear to be valid. As a presiding officer, however, the mayor does have the authority to rule on whether a particular motion is proper for consideration at the time it is raised. The council can, however, appeal that decision and reverse it by a majority vote. This authority to rule on a motion gives the mayor some additional power. II SPecial thanks to Darin Teske and Kent Sulem for researching and writing a vast majority of this column. MINNESOTA CITIES I JANUARY 1994