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Mr. Neal Beets Members of the Council January 9,2003 Page 6 of 6 Confidential: Subject to Attorney-Client Privilege implement any provisions" of Chapter 104 of the Code, which governs the City's personnel policy. However, the Council may prospectively overrule the Manager's interpretation by passing an ordinance amending the RSC to contain the interpretation desired by the Council. See Minn. Stat. § 412.671. The Manager May Promote an Existing Employee by Appointing the Employee to a Vacant Position in the City, But the Manager May not Unilaterally Give An Employee a Pay Raise in the Employee's Current Position As previously discussed, the Manager has the authority to appoint persons to fill positions based on fitness and merit and subject to any applicable civil service provisions. Minn. Stat. § 412.651, subd. 3. Under the Roseville City Code ("RSC"), the Manager also has the authority to make "all employment-related decisions" and may "dismiss, demote, or suspend any employee." RSC § 104.01(E). However, the Council has the authority to fix the compensation of all officers, employees, and agents when not otherwise prescribed by law. Minn. Stat. a 412.111. Interpreting this provision, the Minnesota Attorney General has opined that a city manager operating under the Plan B form of Government does not have the authority to fix compensation. Op. Att'y Gen. 120 (June 6, 1958). Moreover, the Roseville City Council has specifically reserved the power to establish and revise a position classification and pay plan. RSC § l�. �{}��_ Because the Manager has the authority to appoint and make all employment-related decisions, the Manager must have the authority to appoint an existing employee to an existing position that has become vacant, even if the appointment would result in a promotion for the employee. However, because the Manager does not have the power to fix compensation, the Manager may not give an existing employee a raise in the employee's current position. Of course, employees may receive raises pursuant to the "position classification and pay plan" established by the Council. See RSC � 104.04(A). In addition, the Manager may appoint an employee to a higher paying position that has become vacant. Thank you for seeking our opinion on this matter. Please contact us if you have further questions or concerns. Very truly yours, �� Scott T. Anderson Michael J. Waldspurger R]2M: 43902