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183 University Ave.East <br /> St.Paul,MN 55101.2526 <br /> League of Minnesota Cities (612)227.5600(FAX:221-0986) <br /> February 15, 1989 <br /> To: City officials and agents <br /> From: Peter Tritz <br /> Re: Workers compensation for elected and appointed officials <br /> City officials and LMCIT agents received a memo dated December <br /> 29, 1988, which discussed how the workers compensation law <br /> applies to city council members. That memo generated a number <br /> of questions from cities, which we'll try to answer here. <br /> 1. Which positions does this apply to ? <br /> The December 29 memo focused on coverage for city council <br /> members. Several cities have inquired about other positions, <br /> such as planning commissions, utilities commissions, park <br /> • boards, hospital or nursing home boards, etc. Unfortunately, <br /> the wording suggested for the ordinance or resolution in the <br /> December 29 memo - referring to "'those municipal officers <br /> appointed for a regular term of office° - leaves this question <br /> open. It's not clear .if these other positions are "officials" <br /> or "officers" under M.S. 176.011, subd. 9, clause 6. <br /> It would be. preferable for the resolution or ordinance to <br /> specifically list the positions the city intends to bring within <br /> the workers compensation coverage. That is, if the city wishes <br /> to extend coverage only to the mayor and council, the ordinance <br /> or resolution would refer only to elected officials. If the <br /> city also wishes to extend coverage to members of other boards <br /> and commissions, the ordinance could be worded this way:. <br /> "Pursuant to Minnesota Statutes 176.011, subd. 9, clause <br /> 6, elected officials and members of the following boards, <br /> commissions, and committees are included in the coverage <br /> of the workers compensation act: planning commission, <br /> park board, utilities commission. . ., <br /> It is extremely important also to note that the workers <br /> compensation statute excludes all elected officials and <br /> appointed officials who are ap ointed for a specific term of <br /> office, unless the city has passed an ordinance or resolution <br /> • extending coverage. Without that ordinance or resolution, then, <br /> an elected city clerk or elected city treasurer would apparently <br /> not be entitled to workers compensation benefits if injured on <br /> the job. Also, some charters provide specific terms of office <br />