Residency Requirements

Q: Can a city require council members, staff, and other board or commission members to live in the city?

LMC: Council members must be residents. Candidates for office must live in the city for at least 30 days prior to the election. City employees generally cannot be subject to residency requirements. However, some positions may require job-related response times imposed as a condition of employment. For example, public works employees, police officers, and firefighters may need to live close enough to respond quickly in emergencies. Cities may define what constitutes a “reasonable area” or “reasonable response time” if they can show a job-related necessity, such as firefighters reaching a scene in less than 10 minutes.

Certain boards and commissions, including civil service commissions and housing redevelopment authorities, require that appointed individuals be residents by state statute. Others, including planning, zoning, or parks boards, allow the city to decide whether residency is a qualification for board or commission membership.

For more information, see the League’s Handbook for Minnesota Cities, Chapter 6: Elected Officials and Council Structure and Role at lmc.org/handbook6.

Answered by summer 2025 Local Government Law Clerk Vera Barkosky: [email protected].

Employee Complaint Process

Q: My city received a complaint from an employee about another employee’s conduct. What initial steps should be taken when responding to the complaint?

LMC: Remember that a complaint represents one side of the story. The city will almost always need to conduct an inquiry into the facts surrounding the complaint before deciding how to resolve it. In most cases, that means conducting either an internal or external investigation.

The extent of the investigation depends on the seriousness of the allegation and whether city policy outlines a required process. Start by carefully reviewing the nature of the complaint and identify the type of alleged conduct violation. Next, check your city policy for any prescribed investigation steps and be sure to follow them.

Cities should also consult legal counsel regarding:

• Whether the city should hire an outside investigator.
• When to use a Tennessen notice or other required notices.
• Preserving evidence and providing supportive measures for workplace safety.
• Mandatory reporting requirements, if applicable, depending on the conduct alleged.

For more, see the League’s HR Reference Manual, Chapter 3: Discipline & Termination at lmc.org/discipline.

Answered by LMC HR Member Consultant Elise Heifort: [email protected].

Liability Insurance

Q: In contracts, what does it mean if a contractor’s insurance must be “primary and noncontributory,” and why does it matter?

LMC: “Primary” means the contractor’s insurance pays first for any claim arising from their work, before the city’s coverage through the League of Minnesota Cities Insurance Trust (LMCIT) is used. “Noncontributory” means the contractor’s insurer cannot require LMCIT to share in the costs.

This distinction is important. Without that language, the city’s LMCIT coverage might have to pay alongside the contractor’s insurance, even if the contractor caused the loss. This can lead to higher insurance premiums and increased liability exposure for the city.

Simply naming the city as an additional insured on the contractor’s liability insurance is not enough. Being an additional insured gives the city some coverage under the contractor’s policy, but if the contractor’s policy isn’t primary and noncontributory, the city’s coverage could still be forced to contribute.

Ultimately, requiring a contractor’s insurance to be primary and noncontributory helps ensure that the party responsible for the work — the contractor — bears the financial risk first, reducing the likelihood that taxpayer-funded coverage will be used to cover contractor-related claims.

For contract review assistance, LMCIT offers a free Contract Review Service. Contact Chris Smith, assistant general counsel – LMCIT programs, at (651) 281-1269 or [email protected].

Answered by Assistant General Counsel – LMCIT Programs Chris Smith: [email protected].