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DID YOU KNOW ? Changing City Council Salaries By Susan Naughton ity councils have authority under prohibited by Minn. Stat. § 43A.17, Minn. Stat. § 415.11 to set their _/ subd. 10 from including a provision for salaries by ordinance at an amount \ vacation or sick leave in the compensa- they deem reasonable. However, tion plan for councilmembers. However, if an ordinance is adopted to statutory cities. However, if a home this statute also prohibits cities from change council salaries, it will not rule charter provides for a referendum reducing the salaries of councilmembers take effect until after the next city on ordinances, those referendum pro- because of absences from official duties election. visions do apply to an ordinance chang- because of vacation or sickness. This is the only method by which a ing council salaries. Could v. City of Time off. Employers are required by statutory city can change council sala- Bloomington, 394 N.W.2d 149 (Minn. Minn. Stat. § 211B.10, subd. 2 to allow ries. Home rule charter cities, except App. 1986). councilmembers to take time off from for Minneapolis, St. Paul, and Duluth, How to receive pay. State law does their regular employment to attend also can change council salaries under not specify how councilmembers are to council meetings. The time off may this statute. Some home rule charters be without pay, with pay, or made up may provide a procedure for changing with other hours as agreed to between council salaries. Presumably, thoseelections the employee and employer. When the home rule charter cities can use either time is taken as time without pay, the the statute or the charter procedure. in even years and your council employer must make an effort to allow Changing salaries. If your city is the employee to make up the time with holding an election this year, it is does not pass an or, other hours when the employee is important to review council salaries available. No retaliatory action may now so changes can be made if neces- making salary changes before be taken by an employer for absences nary. If your city holds its elections in taken to attend council meetings. even years and your council does not the Nov.7 election,any subsequent LMC and AMM salary surveys. pass an ordinance making salary changes For comparison purposes, the League before the Nov. 7 election, any subse- of Minnesota Cities annual salary quent salary changes will not be survey shows council salaries for effective until after the 2002 election. until after the 2002Greater Minnesota cities. The Associa- To change salaries, the council must tion of Metropolitan Municipalities pass the ordinance and publish it in the collects salary data for metro-area cities. official newspaper before the Nov. 7 receive pay. Some cities establish a For more information about these election. per-month or per-year lump sum, salary surveys please contact the League The ordinance should specify the while others pay a certain amount per of Minnesota Cities at (651) 281-1200 date when the salary changes will take meeting, or for each day's service. or the Association of Metropolitan effect. The most common practice is Some cities use a combination of Municipalities at (651) 215-4000. r for the salary changes to take effect on approaches; for example, so much per the first Monday in January following month plus an additional amount for the election, when the new terms of any special meetings. Iron Range cities office begin. However, the statute have specific authority under Minn. allows salary changes to take effect Stat. § 415.10 to make per diem any time after the next city election, payments to councilmembers not to so the ordinance could provide that the exceed$25 per day or$250 per year salary changes will take effect as soon for absences from the city while on as Nov. 8. city business. There is no provision in state law Vacation and sick leave. Statutory Susan Naughton is research attorney with for a referendum on council salaries in and home rule charter cities are the League of Minnesota Cities. SEPTEMBER 2000 MINNESOTA CITIES 43