Docs re Amendments Ch 4, 6, 8 and 12

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Chapter 7 With the written approval of the council, the direct the work load, report to the council and the treasuer may destroy certain financial records. 33 general public, and prepare and execute the (See Part VII.) budget. Deputy Treasurer Manager • - The provisions authorizing appointment and Plan B cities and most charter cities have a city removal of a deputy treasurer are the same as manager. The functions of governing the city are those for a deputy clerk except that the treasurer clearly divided in city manager cities. The makes the appointment and is responsible for the manager performs all of the administrative duties deputy's actions. 34 Since the deputy may handle (such as hiring employees, enforcing city or- money, the council should require a deputy dinances,and budget preparation),while the coun- treasurer to file an official bond. cil makes all policy and legislative decisions. Administrator B. Qualifying for Office Standard Plan and Plan A city councils may, by "Qualifying for office" means that an elected or ordinance, establish a position much like that of appointed official takes the official oath and files city manager in Plan B cities. The city may assign a bond if necessary for the position. It is not the coordinating duties of the city administrator to the same as "qualifications for office" which refers to city clerk, deputy clerk, or a special administrative an individual's abilities and charateristics. officer. The duties must be ministerial . The courts will not permit the delegation of legislative The act of qualifying for office should take place discretion. The duties which the council may within the statutorily prescribed time limit. delegate are the supervision of workers, account- Failure to do so creates, upon declaration of the ing, preparation of reports, factual determination, council, a vacancy in the office for which the offi- and execution of council policies. The ad- cial should qualify. ministrator may not hire and fire employees nor make purchases and let contracts unless the coun- Oath of Office cil sets standards governing this action. 35 Whether or not officials need a bond,they must Some problems arise when the duties of this take and sign an oath of office before exercising position are not clear. The city should have a any of their powers or duties.This includes mem- detailed job description for this position. 36 bers of councils, boards, commissions, and ad- ministrative officers.38 This applies to appointive A new concept in city administration involves as well as elected officials. The oath is as follows: the "circuit riding" administrator. Several small cities may agree to share the benefits of a profes- "I(name) do solemnly swear to support the Con- sional administrator by sharing the financial bur- stitution of the United States, the Constitution of den as well as the time of the administrator. 37 the State of Minnesota, and to discharge faithfully the duties of the office of!insert brief description Except in Plan B and charter cities, department of office) of the City of Minne- managers are directly responsible to the council. sota, to the best of my judgment and ability, so help While they may make decisions of a daily, routine me God." nature, all questions of major policy must go to the council. If the officer objects to an oath on religious grounds, the word "affirm" can substitute for the In Plan B cities, however, the department head word "swear" and the phrase "and this I do under is directly responsible to the city manager, and as the penalties of perjury" for the phrase "so help a result,must make the reports, submit the budget, me God." Such an affirmation has the same legal and be directly subordinate to the manager. effect as an oath. 39 In fulfilling their supervisory functions, ad- Any person with authority to take and certify ministrative officials should oversee long and acknowledgments may administer the oath.There- _ . short-term departmental planning, organize and fore,the city clerk, a justice of the peace, a notary Handbook for Minnesota Cities Page 129