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RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 6/8/2022 <br />Elected Officials and Council Structure and Role Chapter 6 | Page 23 <br /> The courts usually permit delegation when the subordinate has reasonable <br />discretion in administering an established standard or rule. Administration <br />of land-use ordinances, building codes, and many other ordinances are <br />examples. <br /> 3. Making vs. executing the law <br /> Finally, the courts sometimes recognize a distinction between the power to <br />make the law and the authority to execute it. A council cannot delegate the <br />power to make a law, but the council can delegate the authority to execute <br />it. <br /> E. Salaries of mayor and council members <br />Minn. Stat. § 415.11. The city council in Second Class, Third Class, and Fourth Class cities <br />establishes, by ordinance, the salaries of the mayor and council members <br />in an amount that the council deems “reasonable.” Generally, no change in <br />salary shall take effect until after the next succeeding regular city election. <br />An ordinance changing council salaries should specify the date when the <br />changes will take effect. <br />Minn. Stat. § 415.11, subd. 3. A city council, however, may adopt an ordinance to take effect before the <br />next city election that reduces the salaries of the mayor and council <br />members. The ordinance shall be in effect for 12 months, unless another <br />period of time is specified in the ordinance, after which the reduced salary <br />reverts to the salary in effect immediately before the ordinance was <br />adopted. <br /> Salaries may be an annual or monthly sum, or a per-meeting rate. The <br />ordinance should specify whether the per-meeting rate applies only to <br />regular meetings or to both regular and special meetings. <br />Minn. Stat. § 43A.17, subd. <br />10. Cities are prohibited from including provisions for vacation or sick leave <br />in the compensation plan for council members. Cities are also prohibited <br />from reducing the salaries of council members because of absences from <br />official duties because of vacation or sickness. <br />Minn. Stat. § 415.10. Iron Range cities have special legislative authority to make per-diem <br />payments to council members up to $25 per day, not to exceed $250 per <br />year, for absences from the city while on official city business. <br />See IRS Publication 2020- <br />2021 Special Per Diem <br />Rates. IRS Publication 463— <br />Travel, Entertainment, Gift <br />and Car Expenses. IRS <br />Publication 15—Circular E, <br />Employer's Tax Guide. <br />Some non-Iron Range cities have sought to pay their councils using per- <br />diem rates. Cities should be careful in this area. A per diem is an expense <br />allowance or an advanced reimbursement for business travel away from <br />home. The IRS has strict guidelines for per-diem pay, including dollar <br />limits above which the per diem must be treated as wages for tax purposes. <br />26