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e Duties and powers of a statutory mayor CARrA HEYL hat is the role of the mayor in the city? Some believe it's more limited than regular councilmembers, others believe the mayor's power is almost authoritarian. This article will explore the role of the mayor in statutory cities. Home rule charter cities may more freely define the mayor's role. The mayor of a statutory city is the presiding officer and a regular member of the city council. Therefore, the mayor a has all of the powers and duties of any _ other councilmember as well as those of mayor. This includes the right to vote on all issues. Additionally, if the council casts a tie vote in filling an elective office, the mayor may, without council confirma- tion, fill the vacancy. (Minn. Stat 412.02, subd. 2) The mayor of a statutory city must perform the ministerial duties of signing ordinances, contracts authorized by the council, and written orders for payment of claims audited and allowed by the council. The mayor has the authority to appoint, subject to council approval, the following: . Park board members (Minn. Stat. 412.501) . Library board members (Minn. Stat. 134.09) . Civil defense director (Minn. Stat. 12.25) . Hospital board members (Minn. Stat. 412.211) . Some police civil service commissions (Minn. Stat. 44.04, but see Minn. Stat. 419.02) a . Housing and redevelopment authority - members (Minn. Stat. 469.003) The mayor does not have the power to unilaterally appoint or replace an acting 42 \~: >~~ , ~ ...:...~. '0,\ "'. I: .~" : /o.,",....~....../ -:~ ~";."'~~. "'.... -'~ .J'~ _;: ~~r;j, . mayor to serve as mayor during the elected mayor's absence. The entire council has this responsibility (Minn. Stat. 412.121). At elections where citizens will vote on a question, if the mayor receives a written petition signed by at least 25 eligible voters, the mayor must appoint one voter from each precinct to act as challenger of voters in the polling place (Minn. Stat. 204C.07, subd. 2). In cities without fire departments, the mayor is obligated to investigate or have investigated fires which cause damages in excess of $100 (Minn. Stat. 299F.04-.34). Other duties of the mayor include declaring local emergencies (Minn. Stat. 12.29) and submitting notices to the city council when the mayor receives notice of "The mayor has all the powers and duties of any other councilmember as well as those of the mayor." proceedings which affect any body of water within or adjoining the city boundaries (Minn. Stat. 378.03). The only way a statutory City may change the mayor's term is by ordinance. In non-standard plan statutory cities, the ordinance must be adopted at least four weeks before the closing date for the filing of affidavits of candidacy for the ma oral election (Minn. Stat. 412.022). What are e mayor s duties in presiding at council meetings? The mayor does not have the authority to arbitrarily adjourn a city council meeting without approval from the council. Several arguments support the mayor lacking the authority to individually adjourn a council meeting. First, if the city adopts Rnbert s Rules of Order, it is very clear that the mayor cannot adjourn a meeting without at least implied consent from the council. Under Rnbert's Rules, there are two ways that a mayor can adjourn a meeting. The most common method is for a motion calling for adjournment. This motion must be seconded and voted on. Ap- proval requires a simple majority. The other method is less formal. Mter the council has addressed all scheduled business, the mayor may ask if there is any further business. If nobody speaks up, the mayor can announce, because there is no further business, that the meeting is adjourned. The council's consent is implied by members' failure to raise any additional issues for discussion. The problem with Robert's Rules, however, is that they are binding on the council only if they have been formally adopted by resolution. If the city has not adopted them, the procedures set out in its bylaws becomes binding. If no formal procedures are in the bylaws, common practice could become binding. (Please note that the city does not need to adopt Rnberts Rules. It may use others. Roberts is most common.) Finally, and perhaps most importantly, the attorney general has issued an opinion that absent specific authority, a mayor does not have the power to unilaterally adjourn a meeting. In this particular opinion, the attorney general based the decision on the absence of such authority in the inquiring city's charter. Additionally, the statues do not specifi- cally grant such authority. While the mayor is the presiding officer at a council meeting, there is no indication that this position grants the mayor the authority to adjourn a meeting without the council's consent. (Minn. Stat. 412.191, subd. 2.) Any action taken by the rest of the council following such an attempt by the mayor would appear to be valid. As a presiding officer, however, the mayor does have the authority to rule on whether a particular motion is proper for consideration at the time it is raised. The council can, however, appeal that decision and reverse it by a majority vote. This authority to rule on a motion gives the mayor some additional power. II SPecial thanks to Darin Teske and Kent Sulem for researching and writing a vast majority of this column. MINNESOTA CITIES I JANUARY 1994