City is aldermanic. I was presented a question as to who signs the CLEET
commission cards on behalf of officers of the city. As long as I have been
City attorney it has been the City Marshal who is also the police chief who
signs these. The question i have been presented is whether the mayor should
sign these as opposed to the city marshal/police chief.
There is no ordinance on point.
I’ve seen it done both ways (signed by the chief or signed by the executive authority). 34-101(b) certainly implies that the chief appoints Police Officers and Reserve Police Officers. Obviously for paid employees that would also require approval from the executive authority vested by statutes with the authority to appoint new employees. The commission evidences that the municipality has granted the person certain authority to act on its behalf. Once the appointment is official (and legal), doesn’t the signature become a ministerial task? So my thought would be - there needs to be a signature but whether it’s the chief or the CM/Mayor is a local issue.
Sent from Matt’s iPhone
On Apr 19, 2023, at 3:58 PM, Phillip Morton mortonlawoffice@gmail.com wrote:
City is aldermanic. I was presented a question as to who signs the CLEET commission cards on behalf of officers of the city. As long as I have been City attorney it has been the City Marshal who is also the police chief who signs these. The question i have been presented is whether the mayor should sign these as opposed to the city marshal/police chief.
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