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02-09-26-WS
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02-09-26-WS
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• Hiring and terminating employment. For example, the city council may <br />make the decision to lay off classes of employees or terminate <br />employment for misconduct. <br />Elwood v. Rice County, 423 <br />N.w.2d 671 (Minn. 1988). <br />Attempts to directly supervise or direct employees, without city council <br />Rico v. state, 472N.w.2d 100 <br />consent or direction, may create unintended legal liability for a mayor. <br />(Minn. 199 <br />toJ'F b. 8, 1994, 561ia <br />Accident of Feb. $ 1994, 561 <br />General) the doctrine of official immunity protects public officials from <br />y� y p <br />N.w.2d 543 (Minn. Ct. App. <br />lawsuits based upon discretionary actions taken in the course of their official <br />1997) (snowplow driver). Kari <br />v. City of Maplewood, 582 <br />duties. Additionally, state statute requires cities to defend and indemnify <br />N.w.2d 921 (Minn. 1998) <br />council members for any suit arising from their official duties. However, these <br />(emergency vehicle). Kelly v. <br />City of Minneapolis, 598 <br />doctrines may not protect a mayor if they are found to be acting outside the <br />N.w.2d 657 (Minn. Ct. App. <br />scope of their duties. In addition, it is important to note that neither official <br />1999) (police officer). <br />immunity nor the statute applies when a mayor or council member acts with <br />Minn. Stat. § 466.07. <br />malice or in bad faith. <br />Aside from legal liability, attempting to directly supervise staff may also have <br />the effect of creating confusion for staff, who may receive conflicting direction <br />from multiple sources. This confusion may delay important city actions, create <br />unnecessary expense, or itself be a source of legal liability. <br />1. Access to employee records <br />Minn. Stat. § 13.43, subd. 1. <br />Most employee data is defined as private data that is not accessible to the <br />Minn. Rule 1205.0400. <br />general public. As a result, access to employee files is limited to individuals <br />whose job duties reasonably require access to private data. Since the mayor or <br />individual council members do not have individual authority over city <br />personnel, they cannot generally access this private information on their own <br />initiative. However, the council could authorize the mayor or an individual <br />council member to view the data for job -related reasons. For example, if the <br />mayor is assigned to an employee review team. <br />VI. Conclusion <br />The Minnesota Mayors Handbook is a starting point for all you need to learn to <br />be a successful mayor. The handbook is designed to highlight key areas of <br />knowledge without being an exhaustive guide. Some sections pinpoint <br />potential legal pitfalls for mayors or advise caution on common areas of <br />liability. The purpose of this guide is to give you just enough information in <br />these critical areas to help you recognize these situations and to know where <br />to turn for more resources and assistance. <br />Minnesota <br />Mayors Chapter 1-42 <br />Association <br />
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