Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 384-H.F.No. 1503 
           An act relating to local government; providing for the 
          duties and bonds of city clerks; amending Minnesota 
          Statutes 1982, sections 412.151; and 418.25, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 412.151, is 
amended to read: 
    412.151 [DUTIES OF CLERK.] 
    Subdivision 1.  The clerk shall give the required notice of 
each regular and special election, record the proceedings 
thereof, notify officials of their election or appointment to 
office, certify to the county auditor all appointments and the 
results of all city elections.  He shall keep (1) a minute book, 
noting therein all proceedings of the council; (2) an ordinance 
book in which he shall record at length all ordinances passed by 
the council; and (3) an account book in which he shall enter all 
money transactions of the city including the dates and amounts 
of all receipts and the person from whom the money was received 
and all orders drawn upon the treasurer with their payee and 
object.  Ordinances, resolutions, and claims considered by the 
council need not be given in full in the minute book if they 
appear in other permanent records of the clerk and can be 
accurately identified from the description given in the 
minutes.  The clerk shall act as the clerk and bookkeeper of the 
city, shall be the custodian of its seal and records, shall sign 
its official papers, shall post and publish such notices, 
ordinances and resolutions as may be required and shall perform 
such other appropriate duties as may be imposed upon him by the 
council.  For certified copies, and for filing and entering, 
when required, papers not relating to city business, he shall 
receive the fees allowed by law to town clerks; but the council 
may require the clerk to pay such fees into the city treasury.  
With the consent of the council, he may appoint a deputy for 
whose acts he shall be responsible and whom he may remove at 
pleasure.  In case of the clerk's absence from the city or 
disability, the council may appoint a deputy clerk, if there is 
none, to serve during such absence or disability.  The deputy 
may discharge any of the duties of the clerk, except that he 
shall not be a member of the council.  
    Subd. 2.  The council by ordinance may delegate all or part 
of the clerk's bookkeeping duties to another officer or 
employee.  The officer or employee who by ordinance is made 
responsible for the clerk's bookkeeping duties shall furnish a 
fidelity bond conditioned for the faithful exercise of his or 
her duties.  The council may provide for the payment from city 
funds of the premium on the official bond.  If the bookkeeping 
functions of the clerk are delegated to the city treasurer, the 
council shall provide for an annual audit of the city's 
financial affairs in accordance with the minimum procedures 
prescribed by the state auditor.  A copy of the ordinance shall 
be provided to the state auditor.  
    Sec. 2.  Minnesota Statutes 1982, section 418.25, 
subdivision 1, is amended to read: 
    Subdivision 1.  When an officer or employee of any 
statutory or home rule charter city, however organized, is 
required to furnish a fidelity or faithful performance bond, the 
governing body of the city, or the board or commission to whom 
the officer or employee is responsible, may provide for the 
payment of the premium on the bond from city funds.  In lieu of 
individual bonds, the governing body, board or commission may 
provide for blanket position bonds furnished by a surety company 
to cover any officer or employee required to furnish a bond if 
all of the obligations required by law, charter, or ordinance to 
be assumed by the principal and his sureties by an individual 
bond are included in the blanket position bond. 
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 17, 1984