Home / City Council / Council Handbook

view printable version

Introduction

As a Mankato City Council Member, you are one of a seven-member board of a public entity with a budget of $69 million. Council members jointly establish policies for the community, establish spending limits, and provide leadership for the community. Policies are established through City Council action by resolution, ordinance or motion. A Council member’s scope of duties, responsibilities and services are extensive. Countless hours of discussion at work sessions, staff research and public input from neighborhood meetings and public hearings demands the Council member’s time.

There are resources available to assist Council members in defining their duties and responsibilities. This handbook is one; the League of Minnesota Cities Handbook for Minnesota Cities, the Mankato City Charter, the City of Mankato Policy and Procedure Manual, and the Mankato City Code are others. These publications are available for review in the City Manager’s office. This document contains a glossary of terms (Chapter 13) which may be useful to you as you read this document and for future reference.

The League of Minnesota Cities (LMC) is an organization which assists cities by lobbying, providing training and serves as a resource for issues and questions a city may have. The LMC Handbook is a comprehensive document available to all prospective and current Council members. The LMC Handbook provides information on the roles and responsibilities of Council members, laws regulating Council action and special requirements of the Council. All new members would find it beneficial to review the handbook and clarify any unclear issues. The LMC Handbook is a very extensive document; however, you may review the City’s copy by making arrangements through the City Manager’s office.

Sources of City Authority

The United States Constitution does not mention cities. However, cities are influenced by the Federal Government, indirectly through the state governments and directly through participation in federal funding of programs.

The Minnesota State Constitution authorizes the Minnesota Legislature to provide for the “creation, organization, administration, consolidation, division and dissolution of local government units and their functions, for the change of boundaries thereof” (Minnesota Constitution Article XII, Section 3). Hence, legislature provides for the general formation of cities but more specific details are included in the City Charter and Code. Additional powers of the City may be broadened or restricted by state statute. The legislature does provide cities some discretion over policy areas as long as they are consistent with state statutes.

Mankato is a charter city, as authorized by Minnesota Statutes Chapter 410. A charter is the constitution of the city and is approved by the local citizens. Through charters, citizens are able to design their city’s form of government. The gauge of a good city charter is one that is easy to understand, is responsive to the organization and also assists the city to operate in an efficient manner. The charter is limited in its scope by state statutes. The authority of the council to act on behalf of the citizens is derived from the charter. The charter establishes the form of government for cities and Mankato is organized in the council/manager form. The council/manager form of government is explained further in Chapter 2.

The Charter Commission is responsible for maintaining a responsive and effective charter. The Chief Judge of District Court appoints charter commission members, who meet periodically to review the city charter, discuss issues affecting the charter, and make recommendations for changes to the City Council and the public.

The City Code is a collection of ordinances that establishes the City of Mankato’s laws and regulations. Chapter 2 of the Mankato City Code describes Administration, City Organization and Management of the City. Section 2.01 addresses the roles of the officers and administrative departments; Section 2.20 of the Code establishes the Mayor and Council member salaries; and Section 2.23 describes Council meeting procedures. The roles and responsibilities of the various committees within the city organization are described beginning with Section 2.40. In addition the Mankato City Code addresses utility rates, licensing requirements and regulations, public safety, planning and zoning and City financing.

Mankato City Charter and Code is also available for review at the Minnesota State University, Mankato Library, the Minnesota Valley Regional Library and on the City’s website, Mankato-MN.gov. If you have any questions about the Charter, please consult the City Manager.

Form of Government

The form of government established by the Charter is the “Council-Manager Plan.” The Council-Manager form of government is the most widely used organizational form. About one-fourth of the cities in Minnesota are organized in the Council-Manager form. The Council-Manager form of government combines the political leadership of the elected officials with the managerial experience of an appointed professional. The discretionary powers of the city are vested in and executed by the City Council, but are subject to initiatives, referendums, and recall powers of the people. The City Council has control over the City administration but exercises this power through the City Manager. Under the Council-Manager form of government the Council is the policy making and legislative body, and the administration of the city is left to the City Manager. The City Manager is responsible for the day-to-day operations of the City and is directly responsible to the City Council. The Council must remember the clear delineation between the City Manager’s obligations and responsibilities and the City Council’s function as policy makers.

Mayor and Council

The Council is composed of a Mayor and six Council members. The Mayor and one Council member are elected at large and the remaining five are elected from five wards. Council members must reside in the ward they represent. The At-Large Council Member position is elected by voters citywide and holds the title of President of the City Council.

The Mayor serves as the Chair at any Council meetings. If the Mayor cannot participate at a meeting the At-Large Council Member assumes the Mayor’s duties. At any meeting where the Mayor and the At-Large Council Member are not present the most senior council member will be appointed by the remaining members of the Council to preside at the meeting.

The terms of the Council members are staggered so that only three Council members are on the ballot at any one time. The term for a Council member is four years and expires the first Monday in January after the November election. The number of terms a Council member chooses to participate in is unlimited. The position of Mayor is also a four-year term. Candidates may file for election or reelection in the even numbered years. If at any time the Mayor is unable to complete a term, the At-Large Council Member will become Mayor Pro Tem and possess the power and duties of the Mayor.

Duties and Responsibilities

The Mayor is recognized as the head of City Government for ceremonial purposes. All powers of the City are vested in the Council, except as otherwise specified by law or the Mankato City Charter.

The Council’s duty is to ensure that all obligations and duties imposed on the City by law are implemented. The administrative duties of the City are the responsibility of the City Manager. The Council must make any inquiries or investigation through the City Manager. Neither the Council nor any single Council member can or should give orders to any officer, or employee of the City. Individual Council members cannot act on behalf of the City. The Council can exercise its authority or take action only as a body.

The Council is the legislative body of the organization. The members of the Council approve the tax rate, the budget and determine the vision of the City. The Council provides leadership for the community by identifying issues and then implementing goals and strategies to solve the issues. The focus of the Council member should be on the policy of the City and the Council’s vision for the City, enforcement of ordinances, managing of the City’s financial affairs, and conducting the City’s intergovernmental affairs. Some of the ways the Council focuses on these goals is land use development, comprehensive planning, capital improvement projects, capital financing and strategic planning. In order to implement their plans, the Council gives the City Manager the authority and direction to execute the plans.

A good way for any citizen, and particularly you as a prospective Council member, to gain insight and information about the City Council and the City, is to attend Council meetings or watch them on Public Access Television (CCTV). Once you are elected be prepared to spend time reading about current issues, past issues, legislation and any other information which would assist you in your new position. Council members receive a lot of information from a variety of sources. A key to your success would be to organize a place in your home just for City information, start a filing system and keep the information in an organized manner. It is important for the Council members to know what the City does and how it performs its duties. It is essential that Council members make an effort to attend the many City functions and events to which you will be involved.

Communication and Information

There are several ways a Council member can receive information from the Intergovernmental Center. City Council members can be connected to the Intergovernmental Center via computer, faxes and telephone. The Internet can be used for email and other related services.

Intergovernmental Center, 10 Civic Center Plaza, Mankato Minnesota

Mankato’s web page can be found at http://mankato-mn.gov. Information is keyword searchable.

City of Mankato Council Meetings

The Mankato City Council convenes at least once every month. At the first meeting of the year, the Council takes the following actions:

• Designates an official newspaper.
• Assigns Committee duties to the members.
• Establishes the regular meeting dates for the year.
• Reviews operational policies and guidelines and makes necessary changes.

The Council decides the times and the places of their public meetings. Currently, the Council meets the second Monday at 7 p.m. and the fourth Monday at 6 p.m. with a work session immediately following. Meetings are held in the Minnesota River room on the first floor of the Intergovernmental Center, 10 Civic Center Plaza. If a legal holiday should occur on one of these Mondays the Council meeting will be held on the next business day. All meetings are held in compliance with the Minnesota Open Meeting Law.

Special meetings of the Mankato City Council may occur. The Mayor and three Council members can call them. These meetings could be to address additional business, budgets, or other pending issues, which the Council was unable to discuss at a regular meeting or needs to be addressed before the next regular meeting. Any special meeting must be held in conformity with the Minnesota Open Meeting Law and all other state or local laws that apply. (More information in Chapter 6 about the Minnesota Open Meeting Law.)

The Mankato City Council may meet in a closed meeting to discuss labor negotiations, threatened or pending litigation and to evaluate the performance of the City Manager. The City Council must follow the procedure to close meetings according to the Open Meeting Law.

Work sessions of the City Council are called by the City Manager. Work sessions are scheduled on an as needed basis. They are typically on the opposite Monday of the regular Council meeting or any other day agreeable to the Council. The purpose of a work session is to give the City Council information on an issue, which may be a future agenda item. These sessions are conducted for informational purpose, only and are open to the public.

The Council also has the authority to hold emergency meetings because of special circumstances. The procedure for notifying Council members is the same as special meetings; however, the public notice is different. The Council must notify the media and public by telephone or any other good faith method.

When holding meetings the Council needs to have a quorum in order to conduct business. A quorum is the number of Council members needed to legally transact business. A majority of the Council is at least four members, which constitutes a quorum. If the membership of the Council would be less than four members, the Council may appoint members to fill the vacant positions. (See Chapter 11 on vacancies.)

For operational purposes the Council can decide its own rules and order of business for its meetings. The City Clerk keeps a permanent record of the proceedings which is available to the public. The official proceedings of the Council can also be found on the Internet at: http://mankato-mn.gov under the heading City Council.

All regular and special meeting dates and times will be posted at the Intergovernmental Center outside of the Minnesota River Room and other locations designated by the City Council or City Clerk.

Also, all regular and special Council meetings and the Truth-In-Taxation meeting will be videotaped and broadcast on CCTV.

Agenda

The City Clerk physically prepares the agenda for the City Council meetings under the direction of the City Manager. Items are scheduled on the Council agenda with the approval of the City Manager. In preparing the agenda the City Manager holds regular meetings the Tuesday before the Monday Council meeting. At this meeting the staff and City Manager completely review each item on the proposed agenda. After the meeting the City Clerk prepares the agenda, the City Manager approves it and it is then ready for the Council meeting. Agendas are included with each packet. Packets are available via the Internet and intranet the Thursday before the Monday Council meeting. The Council packet will contain the agenda information on each agenda item for you to review before the meeting.

Procedure for Meetings

Order of Business

The Mayor presides over the Council meetings and the President or At-Large Council Member would perform the duties in absence of the Mayor. The following is an outline for Council meetings.

1. Call to Order
   • Mayor calls the meeting to order.
2. Roll Call
   • City Clerk takes the roll of the Council members.
   • The Council, staff and public in attendance recite the Pledge of Allegiance.
3. Approval of the Agenda
   • This action makes the agenda official for the meeting.
4. Approval of the Minutes
   • This is an official action of the Council. A careful reading for accuracy should have been accomplished prior to the meeting and any changes should be made before Council approval.
   • Approved minutes become the official document of record of the Council meeting they address.
5. Public Open Forum
   • The Council allows 15 minutes for members of the public to address any topic that is not on the meetings agenda.
   • Council listens to input and refers questions to City Manager for response at a later time.
6. Consent Calendar
   • These are routine non-controversial items approved with one action.
   • Items can be pulled for further discussion, and separate action.
7. Public Hearings
   • This is the point for public hearings when necessary.
8. Ordinances
   • Ordinances are changes to the Mankato City Code and require a public hearing (see Chapter 9).
9. Variance
   • Variances are requests by property owners for Council approval to do something contrary to the Zoning Ordinance.
10. Planning Commission
    • Advisory report and recommendations for Council action.
11. Traffic and Safety Report
    • This is usually under the consent calendar and contains actions related to parking and traffic control.
12. Licenses
    • Routine approval of licenses may be in the consent calendar portion of the agenda.
    • The Council reviews applications and takes formal action on City licenses.
    • This is also where licenses may be reviewed for possible suspension or revocation.
13. City Manager’s Report
    • City Manager reports progress on authorized actions.
    • City Manager would request authorization to take action.
14. Reports of the City Council Members
    • This may be from other committees a member serves on or a conference or seminar which they have attended.
15. Miscellaneous Business
    • Reminders of upcoming meetings.
16. Public Open Forum
    • The Council allows 15 minutes for members of the public to address additional matters or to comment on actions taken at that nights meeting.
    • Council listens to input and refers questions to City Manager for response at a later time.
17. Adjournment

Voting

Actions of the Council pass or fail by majority vote of the Council. Majority is determined by the number of Council members present at the meeting. Certain actions such as an un-petitioned street project require an extraordinary majority or four fifths of the whole Council. Council members may abstain from voting on a particular agenda item; however, abstentions have the same effect as a “no” vote.

Principal Rules Governing Motions

The following information is from page 110 of the League of Minnesota Cities Handbook on governing motions.

Motions–These are a formal method of bringing business before the Council and for stating propositions on which the council will have to make a decision. The list contains the more common motions. Motions can be made only by the Council members, clerk, or mayor.

Requires a second–Motions which have a “yes” after them in this column must be seconded by a Council member before they can be considered. The maker of a motion may not second his own motion. By seconding a motion, a person does not necessarily indicate that he is in favor of it.

Can interrupt a speaker–Motions which have a “yes” in this column can be made at any time during a council meeting. They may be made even while another has the floor and is speaking.

Debatable–A “yes” in this column means that the Council can discuss the merits of the motion. A “no” in this column means that no discussion is allowed and that the motion must be voted on as soon as it is made and seconded.

Amendable–Motions which an affidavit mark in this column can be changed by amendment. Motions with a “no” in this column must be voted on in the same form as the motion was originally made.

Vote required to pass–This tells whether the motion requires a simple or a two-thirds majority for passage.

Can be reconsidered–This indicates whether or not a motion that was once passed or defeated by the Council can be considered again later in the meeting.

City Manager

The Council-Manager forms of city government became popular at the turn of the century as part of the movement to reform and remove the corruption from city organizations. The model has created a whole new career option and profession in which people dedicate their lives to working in city government.

Many of the City Managers either have degrees in Public Administration, Urban Studies, or other formal training or government employment. A Masters degree is required to be a City Manager in Mankato. Many City Managers belong to the International City Manager Association (ICMA), founded in 1914, and is a professional and educational association for city administrative officers. ICMA’s mission is “to strengthen the quality of local government through professional management.” The City Manager is subject to the professional code of ethics from the ICMA and the 12 ethical principles of personal and professional conduct of the ICMA organization.

The City Manager is appointed by the City Council and serves at the pleasure of the City Council. The Council establishes policy and programs and the City Manager executes the actions of the Council. The role of the City Manager is to serve the Council and the community to bring local government projects and programs to