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<br />Regular City Council Minutes - 1/27/03 <br />Page 5 <br /> <br />Mr. Anderson further opined that Minnesota Statute <br />419.02 provided that the Council appoints Police Civil <br />Service Commission members; and that with the recently <br />created the City Housing and Redevelopment Authority <br />(HRA), Minnesota Statute 469.03, subd. 6 provided that <br />the Mayor appoint HRA Board members with the approval <br />of the Council. <br /> <br />E. Legal Opinion - Fire Department Reorganization <br />Mayor Kysylyczyn asked City Attorney Anderson about <br />his previously-presented legal opinion dated January 9, <br />2003, regarding the powers of the City Manager and the <br />City Council. <br /> <br />Mayor Kysylyczyn questioned whether the Council's legal <br />authority to create and abolish positions, officers and city <br />departments applied to the Fire Department. <br /> <br />Mayor Kysylyczyn further questioned whether "Assistant <br />to..." positions required Council approval. <br /> <br />City Attorney Anderson responded that an answer would <br />be determinate on numerous considerations that weren't <br />addressed in his January 9, 2003 opinion. Mr. Anderson <br />clarified that his January 9 opinion was not specifically <br />written with the Fire Department in mind, and advised that <br />it should not automatically be assumed that the January 9 <br />opinion was applicable to the Fire Department. <br /> <br />Councilmember Klausing asked what specifically the <br />question was that the City Attorney was supposed to <br />answer. <br /> <br />Mayor Kysylyczyn ausing asked, if the Council were <br />dissatisfied with a department or position, did they have <br />the authority to reorganize or abolish that position or <br />office, or reorganize the department. <br /> <br />Mr. Anderson responded that the answer would depend on <br />how certain key terms in Statutes and City Code were <br />defined. <br /> <br />Legal Opinion - <br />Fire Department <br />Reorganization <br />