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�'��� RRTW1� ROSZAK MALONEY ! <br />Mr. Neal Beets <br />September20,2004 <br />Page 2 of 5 <br />they should be interpreted in conjunction with one anotherand with other relevant statutes, i.e, <br />sections412.691 and �71.382. <br />s1_ �• �.L ! � <br />Section 412.691 states that a city manager is the chief purchasing agent for a city and <br />grants the manager authority to make all purchases for a city that are under $20,000, unless the <br />city council sets a lower limit. The Roseville City Council has set the limit at $S,Q00.� Section <br />412.691 requires that all claims resulting from purchases by the city manager be audited and <br />approved by the city aouncil as required in Minnesota Statute Section4l 2,271. We believe <br />that the designation of the City Manager as the "chief purchasing agent indicatesthat the <br />Manager may delegate the statutorypurchasingauthority to subordinates. <br />Minnesota Statute � �1,� <br />Section 412,271 is entitled "Disbursements." It has two subdivisions that are relevant in <br />addressing the question addressed in this letter. Subdivision 1��section412.271 has two <br />provisions; the first is that a disbursementof funds can only be made when an order is drawn <br />by the mayor and clerk (Manager) upon the treasurer (Finance Director) and the second is that <br />all orders have to first be audited and allowed (approved) by the council unless, among other <br />reasons, the requirements of subdivision 8 are met. Subdivision 8, allows a city council to <br />delegate to a city administrative official the council's authority to pay certain claims. <br />While subdivision 8 clearly means that certain claims do not have to be approved by the <br />city council before pa�ment, it appears to conflict with the requirement that the mayor and <br />manager jointly draw an order on the finance director to pay a claim. This apparent conflict is <br />resolved by the fact that subdivision 1 was enacted in 1949 and subdivision8 was enacted in <br />1993. Under the rules of statutory interpretation, when two provisions of a law conflict, the <br />most recently adopted provision pre�aila� Therefore, a delegation by a city council under <br />subdivision 8 allows � city administrative official to individually authorize payment of a claim <br />against the city without council approval as might be indicated in subdivision 1, but subj ect to <br />council review as discussed below. <br />The requiremants for a delegation under subdivision 8 are a resolution authorizing the <br />paymentof claims th�t meet the standards establishedby the council, that the city have internal <br />accountingand administrative control procedures, including frequent review by the council, <br />and that the city has � annual audited financial statement. In addition, a list of claims paid <br />under the delegation � be presented for the council's information at the next regular <br />meeting after the payment. <br />a Roseville City Code �[RQ,�d. <br />� Miva. Stat. 8645.26, subd, 2. <br />