In a city that has adopted a council-manager form of governance, either operating under the Optional Municipal Code or independently, does a city manager hold the authority to appoint or remove library trustees at will?

Modified on 2020/11/19 16:30 by Jeremy Stroud Categorized as FAQ

<p>AGO Opinion <a href="https://www.atg.wa.gov/ago-opinions/council-manager-plan-relationship-between-city-manager-and-library-board" target="_blank" class="externallink">AGO 49-51 No. 274 (1950)</a> states:</p>
<blockquote>&ldquo;The city manager has authority to appoint library trustees and employees, subject to any civil service regulations&hellip; Although the city manager has authority to appoint library trustees and employees, subject to civil service requirements, and to generally supervise operations, it is equally clear that he cannot abolish the board or shift its functions to other city agencies.&rdquo;</blockquote>
<p>An informal AGO Opinion issued 6/15/1972, signed by Assistant Attorney General Wayne L. Williams and addressed to Maryan E. Reynolds, states:</p>
<blockquote>&ldquo;In <nowiki>[previous]</nowiki> opinions, we concluded that although a city manager could appoint or remove, at will, the library trustees, he could not abolish the position… The same considerations and conclusions would apply in the case of a city which has elected to adopt the optional municipal code. <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=35A.13.080" target="_blank" class="externallink">RCW 35A.13.080</a> is the controlling statute, and it contains similar, if not the exact, language of <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=35.18.060" target="_blank" class="externallink">RCW 35.18.060</a>&hellip; The former statute deals with the powers of a city manager in an optional municipal code city and the latter section deals generally with the powers of a city manager in a council-manager form of government.&rdquo;</blockquote>
<p>The opinion is consistent with <a href="https://www.atg.wa.gov/ago-opinions/council-manager-plan-relationship-between-city-manager-and-library-board" target="_blank" class="externallink">AGO 49-51 No. 274</a> and <a href="https://www.atg.wa.gov/ago-opinions/appointment-members-city-planning-commission-and-other-committees-commissions-and" target="_blank" class="externallink">AGO 55-57 No. 196</a>.</p>

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In a city that has adopted a council-manager form of governance, either operating under the Optional Municipal Code or independently, does a city manager hold the authority to appoint or remove library trustees at will?