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Home My WebLink About10A (1) Appointment of Acting Mayor~` 0~ PRIG ~~ ,, ~/ r• ~~ \ ,~ ' 9 u' '. x '~ ~ \_ _ -/ ~~INNESO`tP~< 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: CITY COUNCIL AGENDA REPORT January 5, 2009 10A (1) l Frank Boyles, City Manag CONSIDER APPROVAL OF APPOINTMENT OF ACTING (DEPUTY) MAYOR DISCUSSION: Introduction The purpose of this agenda item is to have the City Council choose an Acting (Deputy) Mayor from among its members for the year 2009. HiHi tOrV Every year at the annual meeting, in accordance with Minnesota Statutes 412.121 and City Council bylaws, the Council chooses an Acting (Deputy) Mayor from among its members. Minnesota Statutes Section 412.121 ACTING MAYOR states in part: "At its first meeting each year the council shall choose an acting mayor from the council members..." (See attached excerpt.) the City Council bylaws echo this statutory language. Over the years, the Mayor has made a recommendation directly (through his/her own motion) or indirectly (through the motion of another councilmember) and following a second the Council has confirmed the choice. Current Circumstances councilmember LeMair has acted as Deputy Mayor for the last two years based on his seniority as a council member. The Mayor proposes that Acting (Deputy) Mayor for 2009 be Chad LeMair for the same reason. Conclusion The Council should ratify the Mayor's recommendation through adoption of the attached resolution. ISSUES: The question has been raised regarding whether the Council should "elect" the Acting (Deputy) Mayor. This would involve taking nominations from the floor and voting upon one candidate or another. If two or more candidates were proposed, the election process would be difficult. I believe that is the reason the statutory language uses the word "choose" rather than "elect." The Mayor recommends that the Bylaws and Compensation Committee meet in the first quarter of 2009 to modify Council bylaws regarding the appointment process to clearly define how this should work in 2010 and beyond. FINANCIAL There is no financial impact. IMPACT: ALTERNATIVES: 1. Adopt the attached resolution choosing Chad LeMair as Acting (Deputy) Mayor. 2. Adopt the attached resolution with modifications. RECOMMENDED As determined by the City Council. MOTION: www. cityofpriorlake. com ,z~z~~«. Phone 952.447.9800 ' / Fax 952.`447.4245 13106 ~ 13107 STATUTORY CITIES 412.15} e time, or at a subsequent time find ~r in part, all bonds and claims ftle~ auditor of the county in which the nary tax levies, pay the bonds and e city, and generally to liquidate the ;nt to the county auditor. reading of a tax levy on all the tax- ~ears, not exceeding 30, as the court claims and the total taxable net tax county auditor shall spread a levv i the order of the court. The county. ~Ilected, in a special account inthe roceedings, the county auditor shall ;nt to the payment of principal and ends and interest thereon shall have ly the proceeds of the tax after each rtion to their several claims untilall 1 be allowed and paid only from the ll city property and all rights of the zccessor to the city. If the city lies in ;d to the respective towns in propor- g in each; and the court shall deter- ;h cases. Bbd 2; 1986 c 444; 1988 c 719 art 412.121 ACTING MAYOR. At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or ab- sence of the mayor from the city or, incase of vacancy in the office of mayor, until a successor has been appointed and qualifies. History: 1949 c 119 s IS; 1969 c 9 s 83; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 412.13 [Repealed, 1949 c 119 s 110] 412.131 ASSESSOR; DUTIES, COMPENSATION. The city assessor, if there is one, shall assess and return as provided by law all property taxable within the city, if a separate assessment district, and the assessor of the town within which the city lies shall not include in the return any property taxable in the city. Any assessor may appoint a deputy assessor as provided in section 273.06. The assessor may be compen- sated on a full-time or part-time basis at the option of the council but the compensation shall be not less than $100 in any one year, if fixed on an annual basis, or not more than $20 per day, if fixed on a per diem basis. If the compensation is not fixed by the council the assessor shall be entitled to compensation at the rate of $20 per day for each days service necessarily ren- dered, and mileage at the rate paid other city officers for each mile necessarily traveled in going to and returning from the county seat of the county to attend any meeting of the asses- sors of the county legally called by the county auditor, and also for each mile necessarily trav- eled in making the return of assessment to the proper county officer and in attending sectional meetings called by the county assessor, except when mileage is paid by the county. In addi- tion to other compensation, the council may allow the assessor mileage at the same rate per mile as paid other city officers for each mile necessarily traveled in assessment work. History: 1949 c 119 s 16; 1951 c 166 s 1; 1965 c 186 s 2; 1969 c 9 s 84; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 24; 1986 c 444 412.14 [Repealed, 1949 c 119 s 110] EES ~ boards and appoint officers, -ern- the proper management and opera- nd fix the compensation of all ofti- ~, when not otherwise prescribed by furnish a bond conditioned for the and payment upon demand of, all d by law, the amount of the bonds clerk and treasurer shall be corpo- .ent from city funds of the pretriium ~. The council may, except as other- ~ee when in its judgment the public does not modify the laws relating to ;civil service commission or public 123 art 2 s 1 subd 2; 1983 c 359 s 412.141 TREASURER'S DUTIES. The treasurer shall receive and safely keep all moneys belonging to the city, including moneys received in operations of any municipal liquor dispensary maintained by the city, and shall promptly enter in a book provided for the purpose an account of all moneys re- ceived and disbursed as treasurer, showing the source and objects thereof with the date of each transaction. The treasurer shall pay out money only upon the written order of the mayor and clerk, or such other officers of independent boards or commissions as are authorized to issue orders in the case of board or commission operations. Such orders when paid and can- celed shall be retained as treasurer's vouchers. Such accounts and vouchers shall be exhib- ited to the council upon its request. The treasurer shall deliver to a successor all books, papers and money belonging to the city. The treasurer shall immediately after the close of the Galen- :' dar year make out and file with the clerk for public inspection a report of balances, receipts and disbursements by funds for the year. The treasurer may, with the consent of the council appoint a deputy treasurer for whose acts the treasurer shall be responsible and whom the treasurer may remove at pleasure. In case of the treasurer's absence from the city or disabili- - <' tY, the council may appoint a deputy treasurer, if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the treasurer. History: 1949 c 119 s 17; 1951 c 378 s S; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 ' 412.15 [Repealed, 1949 c 119 s 110] 412.151 DUTIES OF CLERK. Subdivision 1. Listed; fees; deputy; absence. The clerk shall give the required notice !f each regular and special election, record the proceedings thereof, notify officials of their °'~ection or appointment to office, certify to the county auditor all appointments and the re- ~~ PRIG ~~ ~'~ ~ ~y U, L~U ?' ~INNESO"~~' f 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xxx A RESOLUTION APPOINTING ACTING (DEPUTY) MAYOR FOR 2009 Motion By: Second By: WHEREAS, State Statute and City Council bylaws provide for the annual appointment of an Acting (Deputy) Mayor at the first meeting of the year; and WHEREAS, The specific statutory authority is found in MS 412.121 ACTING MAYOR which reads in part: "at its first meeting each year the council shall choose an acting mayor from the council members..." and WHEREAS, The Mayor has heretofore made a recommendation for City Council consideration either directly (through a motion by the Mayor) or indirectly (through a motion by another council member); and WHEREAS, The Mayor recommends that Councilmember Chad LeMair be designated Acting (Deputy) Mayor for the Prior Lake City Council for the year 2009. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Councilmember Chad LeMair is hereby designated Acting (Deputy) Mayor for the year 2009. 3. The Acting (Deputy) Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in the case of vacancy in the office of the Mayor, until a successor has been appointed and qualifies. PASSED AND ADOPTED THIS 5t" DAY OF JANUARY 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar Frank Boyles, City Manager unvcv. cityofpriorlake.com Phone 952.447.9800 /Fax 952.447.4245