1999 Communication on Charter Commission

Home

Driscoll, Margaret From: Joel J. Jamnik [Joel@ck-law.com] Sent: Tuesday, October 19, 1999 11:48 AM To: 'Steve Sarkozy' Cc: 'Driscoll, Margaret' Subject: Material for LWV speech on Plan B Steve The following statutory provisions constitute the legislative framework for the Plan B city and its management. Major points: 1) Express separation of legislative power and policy matters (Council) and administration or execution of that policy (manager). (.611) 2) Specific appointment/removal provision (.641) and specific powers (.651, .691) for manager, and specific limitation on council intervention in administrative matters (.661). 3) Substantial attention to budgeting responsibilities and apportionment of fiscal responsibilities between council and manager (.701-.751). Of course, there are practical aspects of the Plan B city which enhance or temper the legislative framework. In other words, there's the statute and there's the real world. Call me if you need any further information. Plan B City Government--Minnesota Statutes (1999) 412.601 Applications of sections 412.601 to 412.751. Sections 412.601 to 412.751 shall apply only to statutory cities operating under Optional Plan B. 412.611 Council-manager plan. The form of government provided in Optional Plan B shall be known as the council-manager plan. The council shall exercise the legislative power of the city and determine all matters of policy. The city manager shall be the head of the administrative branch of the government and shall be responsible to the council for the proper administration of all affairs relating to the city. 412.621 Boards and commissions. Subdivision 1. Limit on boards; powers of council. In any such city there shall be no board of health as defined in section 145A.02, subdivision 2, library board, park board, public utilities commission, or any other administrative board or commission, except for the administration of a function jointly with another political subdivision. The council shall itself be and perform the duties and exercise the powers of the board of health and shall govern and administer the library, parks, and utilities as fully as other municipal functions for the administration of which no independent boards are authorized by statute for cities generally. The council may, however, create boardsr.or commissions to advise the council with respect to any municipal function or activity or to investigate any subject of interest to the city. Subd. 2. Transition to city manager; civil service commission. Any such boards and commissions in existence in any city when Optional Plan B is adopted shall continue to operate in all respects as formerly until the qualification of the first city manager, at which time they shall cease to exist and their powers shall be vested in the city council. Any existing civil service commission shall not be affected by the change. After abandonment of the plan in any such city and the establishment of the standard plan or Optional Plan A, any board or commission authorized by statute in cities generally may be established in the same manner as in other cities. 412.631 Composition of council. In any city operating under Optional Plan B, the council shall, except as provided in repealed sections 412.023,