Question: How does a council pick an “acting mayor” or “mayor pro-tem”
and what do they do?
Answer: It’s not theatrics. It’s city government. Even if you have
a local Shakespeare expert on council, state law simply requires that city
councils designate a council person to step in if the mayor is out of town or
unable to attend meetings.
Let’s go with the statutory term of “acting mayor” found in state law since 1949.
At its first meeting each year the council chooses an acting mayor from the
council members. The acting mayor must perform the mayor’s duties—like run
meetings—if the mayor is unable to do so or off the grid for a family vacation.
Handily, if there’s a vacancy in the office of mayor, the
acting mayor steps in, but just until the council appoints a qualified person to
the office of mayor. So the acting mayor does not become mayor for the
remainder of the term—unless the council chooses to appoint the person to
that vacant office.
This is not a high paying temp job. An opinion issued by the
Attorney General in 1954 finds that an acting mayor is not entitled to pay for
‘acting as mayor’ because the law does not specify any salary related to this
position. Most likely, the council person appointed as acting mayor continues
to receive his or her council pay, salary, or other compensation, if any.
Because I’ve always wanted to study Latin I looked it up, and the term ‘pro
tem’ means “for the present time but not
permanently.” Many cities do use this term to refer to the stand-in for the
mayor. But if you’re searching the League website for this topic, go with
‘acting mayor’ for many helpful hits.
Written by Jeanette Behr, research manager with the League of Minnesota Cities. Contact: jbehr@lmc.org or (651) 281-1228.
Written by Jeanette Behr, research manager with the League of Minnesota Cities. Contact: jbehr@lmc.org or (651) 281-1228.
This blog post conveys general information. It’s not
legal advice. Please check with your city attorney before acting on this
information.
