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<br />. <br /> <br />. <br /> <br />. <br /> <br />Mayor Stephanie Klinzing and City Council <br />August 17, 1999 <br />Page 2 . <br /> <br />Among the powers expressly granted to the Commission under Minnesota Statutes and the City <br />Code is the "power to enter into agreements with the council for . . . compensation for the use by <br />either the commission or the city of . . . personnel under the control of the other. . . ." Minn. <br />Stat. ~ 412.361 subd. 5; City Code, ~ 210.08.5. This augments the expressly granted right of the <br />Commission to "employ all necessary help for the management and operation of the public <br />utility.". Minn. Stat. ~ 412.361, subd. 2~ City Code ~ 210.08.2 <br /> <br />Thus, sharing personnel with. the City for the' "'management and operation" of the utility is an <br />expressly granted power to the Commission. The sharing of personnel must be by agreement and <br />not by the unilateral action of either the City or the Commission. See, ()p.Atty. ~en:,,?24-A-6, <br />, Aug;16; T~55- (opinil1giliadbe vilhtge cQuld.not .compel 'the transferoffunds',froxl;l"Hid:.:.oubl!ci, <br />utilities commission); Op. Atty: . Gen., 469-E-6, Feb.18, 1957 (opIning that the village council <br />had no unilateral authority to discontinue payments to the public utilities commission for street <br />lighting). <br /> <br />The agreement between the City and the Commission should delineate the reporting duties of the <br />employee to make clear that the employee is under the jurisdiction of the appropriate body, <br />depending on the work performed. A properly-drafted job description can result in the <br />contemplated savings in taxpayer money without creating any infringement on the Commission's <br />authority to "do anything it deems necessary for (the water system's) proper and efficient <br />operation" and "to employ all necessary help for the management and operation of the public <br />utility. . ." Minn. Stat. ~ 412.361 subd. 2; City Code ~ 210.08.1. Through such an agreement <br />the City would gain no power to manage or unilaterally dictate matters within the jurisdiction of <br />the Commission. In my opinion, the law not only allows this type of agreement for this position, <br />it contemplates it in Section 412.361 as an efficient use oftaxpayer funds. <br /> <br />If you have any questions, please call. <br /> <br />Very truly yours, <br />~R'WEN'CI:IARUlRED <br />~~ <br /> <br />James M. Strommen <br />JMS:sms <br /> <br /> <br />cc: Peter Beck <br /> <br />JMS-167431 <br />EL185-4 <br />