01-08-2024 CC Agenda Packet - work session

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RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/8/2022 Elected Officials and Council Structure and Role Chapter 6 | Page 30 V. Citizen boards and commissions One way to increase positive feelings about government is to promote citizen involvement. Citywide or neighborhood committees, special-project-review committees, and even block organizations are some of the committees cropping up in many cities. In many cases, the council has formed or encouraged these citizen committees. The committees have saved time and have made contributions that could only occur through citizen participation. Council members have found that ignoring citizen concerns can result in their removal from office at the next election, or in the defeat of a program or activity as a result of citizen opposition. Although city officials cannot, in most cases, delegate decision-making authority to citizen groups, they can use citizens in advisory roles. This technique only works, however, if the council listens to the advice. If the council does not follow the advice of the committee, it should give understandable reasons for taking other action. When a council forms a citizen-advisory body, it should also establish the ground rules for its activities. The council should also stress that in the absence of clear statutory authority to delegate responsibility, the council must, by law, make the final decisions. State law allows, and in some cases requires, city councils to delegate decision-making power to certain independent boards and commissions. A. Independent citizen boards and commissions A.G. Op. 624a-3 (Nov. 2, 1998). A.G. Op. 1007 (July 8, 1977). A.G. Op. 1001-a (Sept. 15, 1950). A.G. Op. 1001-a (Aug. 27, 1957). See Muehring v. School Dist. No. 31, 224 Minn. 432, 28 N. W.2d 655 (Minn. 1947). Minneapolis Gas-Light Co. v. City of Minneapolis, 36 Minn. 159, 30 N.W. 450 (Minn. 1886). The amount of discretionary power the council can give to independent citizen boards and commissions varies. Absent specific statutory or charter authority, local governing bodies may not delegate their discretionary powers and duties to other persons or bodies, including independent citizen boards and commissions. Minn. Stat. § 412.621. In Plan B cities, with the exception of civil-service boards, there shall be no independent administrative board or commission, except for the purpose of administering a function jointly with another city or political subdivision. The council itself shall perform the duties and exercise the powers of the board of health, and shall govern and administer the library, parks, and utilities as fully as any other municipal function. 33