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Mr. Neal Beets Members of the Council January 9,2003 Page 4 of 6 Confidential: Subject to Attorney-Client Privilege Dealing with and controlling the administrative service solely through the Manager, and refraining from giving orders to any subordinate of the Manager, either publicly or privately. Minn. Stat. § 412.661. Preparing, in conjunction with the Manager, a complete administrative code for the city and enacting it in the form of an ordinance, which lnay be amended from time to time by ordinance. Minn. Stat. § 412.671. A System of Checks and Balances: The Council Establishes Positions and the Manager Appoints Persons to Fill the Positions The Uniform Municipal Government Act and the Roseville City Code ("RSC") establish a system of checks and balances between the administrative branch (the Manager) and the legislative branch (the Council). Weaving the relevant provisions of the Act and the RSC together, we believe tha� the Council has the power to create positions, but the City Manager has �he exclusive power to fill positions. More specifically, the Act and the RSC envision the following process for establishing and filling positions. The Manager prepares the budget estimates and advises the Council on the City's needs, including any need for new departments, divisions, bureaus, or positions. Minn. Stat. $412.651, subd. 7. In response to the Manager's advice or on its own initiative, the Council may establish departments, divisions, and bureaus as it sees fit. Minn. Stat. § 412.671. Similarly, in response to the Manager's advice or request for additional positions, the Council may provide or withhold approval for new full-time and part-time positions in the city. RSC § 104.01(D). The Council must fix the compensation for any positions it approves. Minn. Stat. § 412.111. In a city operating under the Optional Plan B form of government, the manager does not have the power to fix compensation. Id.; Op. Att'y Gen. 120 (June 6, 1958). Once the Council has approved positions, the Manager makes all employment-related decisions and has the exclusive authority to appoint persons to fill the positions on the basis of merit and fitness and subject to any applicable civil service provisions. Minn. Stat. § 412.651, subd. 3; RSC § 104.01(E). Neither the Council nor any of its members may dictate the Manager's appointment of any person to office or employment. Minn. Stat. § 412.661. The Council is also prohibited from interfering in any manner with the Manager or preventing the Manager from exercising his judgment in the appointment of officers and employees. Id. The Manager directs and controls the City's officers and employees. Minn. Stat. § 412.651, subd. 4; RSC § 104.01(E). If dissatisfied with an employee's performance, the Manager may suspend, demote, or dismiss the employee. RSC § 104.01(E). In tum, if the Council is not satisfied with the adzx�inistration's direction and control, the Council may abolish "offices" and may alter the powers and organization of the departments, divisions, and bureaus that it has