HomeMy WebLinkAboutA004 - Legal Opinion on Appointing authority dated June 5, 2001 p ry , -0 9N01
Memo
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TO: Steve Schainker, City Manager
FROM: John R. Klaus, City Attorne�
DATE: June 5, 2001
SUBJECT: Legal Opinion on Appointing Authority, Chief of Police
This is to confirm that under the laws of the State of Iowa and the ordinances of the City of Ames,Iowa,the
city manager has the authority to appoint the Chief of Police.
The City of Ames has the "mayor-council with appointed manager" form of government. (See sections
372.1 and 372.4 Code of Iowa,and Section 1.8 of the Municipal Code of the City of Ames,Iowa.) The first
paragraph of Section 372.4 Code of Iowa states that:
"The council may,by ordinance,provide for a city manager and prescribe the manager's
powers and duties ..."
The third paragraph of Section 372.4 Code of Iowa states that:
"The mayor shall appoint...the marshall or chief of police,except...as otherwise provided
in Section 400.13."
Section 400.13 states, in its third paragraph, that with respect to the appointment of the Chief of Police in
all cities other than those under"the commission plan"or"a council manager form":
"... the appointment shall be made as provided by city ordinance ..."
Therefore,as a city under the"mayor-council with appointed manager"form of government,the appointing
authority for the position of Ames police chief is determined by city ordinance.
The pertinent Ames ordinance is subsection 2.45(16) of the Municipal Code of the City of Ames, Iowa,
which states that the city manager shall:
"(16) Employ, reclassify, promote, demote, or discharge employees and fix their
compensation ..."
That employment authority encompasses the employment of a person for the position of police chief.