Mayor’s Power: What Minnesota Law Actually Says

“Mosquito Heights mayor vetoes a measure…”

“Snowfield mayor breaks tie to…”

Headlines like these can cause confusion. News stories about mayors in other cities vetoing council actions or breaking ties may lead cities to raise these questions:

• Does our mayor have the same powers?
• Can the mayor vote all the time or only in certain situations?
• Can the mayor make or second motions?

For Minnesota statutory cities, the answers are simpler than they may seem.

The Bottom Line: Mayors are Council Members

Minnesota law defines the position of mayor as being part of the city council. In statutory cities, mayors are council members and possess the same powers as other council members. The powers of the mayor are no greater and no less than those of any other member of the city council.

What About the “Weak Mayor” System?

The term “weak mayor” can also cause confusion. Cities with a weak mayor-council form of government sometimes believe the mayor only votes in certain instances, such as breaking a tie. However, no power is taken from the mayor in a weak mayor-council.

Again, their powers are the same as any other member of the council, with a few additional duties set forth in state law, such as acting as presiding officer at meetings and signing official documents.

Additionally, statutory cities cannot strip the mayor of their voting power through ordinance, rules of order, or bylaws, or any other mechanism. Voting power is prescribed to all city council members by state law, and cities cannot remove powers state law grants.

Motions: Yes, the Mayor Can Make and Second

The mayor in a statutory city has the same power to make and second motions as any other council member. Some confusion may arise regarding how adopted rules of order or bylaws apply to mayors. For example, Robert’s Rules of Order states that a chairperson has specific limited powers that do not include activities such as participating in debate.

The rules state that if the chairperson chooses to participate in a debate, they must temporarily step down from their position as chair. However, Minnesota law pre-empts these procedural rules by granting the mayor the same power as council members. In addition, Robert’s Rules are intended for large legislative bodies and acknowledges that meetings of small boards or entities may not always find every rule applicable or appropriate.

Debate: The Mayor Should Participate

The mayor should exercise their right to debate unless they have a legitimate reason to abstain, such as a conflict of interest. As noted above, it is not appropriate for the mayor to refrain from debate in general based on rules of order or bylaws, as the authority granted by state law pre-empts those.

Voting: Yes, the Mayor Votes

The mayor in a statutory city has the same power to vote as any other council member. Mayors do not have the authority to cast an “extra” vote or break a tie vote (other than in the specific instance discussed below). Similarly, the mayor should not abstain from voting and then cast a vote only if there is a tie.

In other words, the mayor votes as part of the council – not above it.

Tie Votes: One Narrow Exception

A statutory mayor is only authorized to “break a tie” in the event of a vote to fill a vacant council seat. When such a vote results in a tie, the mayor may appoint someone to the seat. This is not truly “breaking a tie” since they have the power to appoint any person they choose who is otherwise eligible for the office.

Aside from this one instance, the mayor does not have authority to break ties votes. A tie vote of the council results in a failed motion.

How this Applies to Charter Cities

This information applies to statutory cities. Charter cities vary in how they address mayoral voting power. Some city charters may simply mimic the voting powers granted to mayors in statutory cities, and thus everything discussed above would apply.

Other city charters may restrict or remove a mayor’s power to vote but give the mayor the power to veto council actions. Additionally, there are city charters that may remove the mayor’s power to vote except in circumstances where the council’s vote on a specific matter is tied, in which case the mayor is given the power to vote to break the tie.

As city charters vary widely in the specific voting powers they grant to the mayor, it is important that charter cities consult their charters to determine the specific voting powers granted to the mayor.

For more information about the powers of statutory city mayors, review:

• Handbook for Minnesota Cities Chapter 3: The Statutory City
• Handbook for Minnesota Cities Chapter 6: Elected Officials and Council Structure and Role
• Minnesota Mayors Handbook

Key Takeaway

In Minnesota statutory cities, the mayor is not above the council – they are part of it. Their authority is equal to every other council member, with a few added responsibilities, but no extra voting power.