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• <br />• <br />• <br />CITY COUNCIL <br />AGENDA ITEM 3C <br />STAFF ORIGINATOR: Jeff Karlson <br />MEETING DATE: January 14, 2013 <br />TOPIC: Defining Council Members as Employees for MGDPA <br />VOTE REQUIRED: 3/5 <br />INTRODUCTION <br />The Council is being asked to adopt a resolution defining council members as employees for <br />purposes of the Minnesota Government Data Practices Act (MGDPA). <br />BACKGROUND <br />The term employee is not defined by the MGDPA, but the Commissioner of Administration has <br />issued a series of advisory opinions on how to classify elected officials. The Commissioner <br />opined that the classification of data about elected officials depends on whether the entity <br />considers the elected official to be an employee. <br />Council members are generally not city employees under Minnesota law. The City Charter <br />prohibits council members from being paid employees with the City, but does not address the <br />status of council members under the MGDPA. All that is needed to designate council members <br />as employees for purposes of the MGDPA is passage of a resolution. Included in the resolution <br />for your consideration is a provision that this designation does not confer employment status <br />upon the council members for any other purposes. <br />RECOMMENDATION <br />Adopt Resolution No. 13 -04, "Defining Council Members of Employees for Purposes of the <br />MGDPA." <br />ATTACHMENTS <br />Resolution No. 13 -04 <br />