2006-12-18
MOUND CITY COUNCIL MEETING
DECEMBER 18, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
special session on Monday, December 18, 2006 at 7:30 p.m. in the council
chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers David Osmek, Mike
Specht, and John Beise.
Members Absent: Councilmember Bob Brown
Others Present: City Attorney Mary Tietjen, City Manager Kandis Hanson, City
Clerk Bonnie Ritter, Parks Director Jim Fackler, Greg & Janie Skinner, Christin
Ebert, Chryl Martin, Bruce & Patti Dodds, Paula Larson, Jim Funk, John Babler,
Mark Hanus, Shirley Hawks, Jeff Anderson.
1. Call meeting to order
Mayor Meisel called the meeting to order at 7:30 p.m.
2. Review of Attorney General opinion regarding auestion of
incompatibility of offices, and consideration of possible follow-ua
City Attorney Mary Tietjen, of Kennedy & Graven, stated that by direction of the ----
City Council, she sent an Attorney General Opinion Request on November 21,
2006, as to the question if public works superintendent and Councilmember are
incompatible. A response was received from the Attorney General stating that no
clear conclusion was reached and put the City Attorney in the position to render
an opinion.
Ms. Tietjen referred to her letter to the City Manager of December 15, 2006,
conveying that it is the opinion of the City Attorney that these offices are not
incompatible. In order to find these offices incompatible it has to be first
determined if the public works superintendent job is a public office and if not a
public office, the courts say that there is no incompatibility and the employee can
also hold the office of Councilmember. She sited a court decision from 1974
where "public office" was defined as one in which the employee "has
independent authority under the law, either alone or with others of equal
authority, to determine public policy or to make a final decision not subject to the
supervisory approval of disapproval of another". They have determined that
Mound's Public Works Superintendent's duties are subject to supervisory
approval of the Public Works Director (the department head) and the City
Manager.
Mayor Meisel asked if anyone in the audience had any comment, and received
none.
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Mound City Council Minutes- December 18, 2006
MOTION by Osmek, seconded by Beise to accept the opinions of the Attorney
General and City Attorney. All voted in favor. Motion carried.
3. Adjourn
MOTION by Osmek, seconded by Beise to adjourn at 7:40 p.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel