SF 3378

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing for a public hearing and public testimony
before making an appointment to fill a vacancy on a county board or city council;
changing the time period in which an appointment may be made; amending
Minnesota Statutes 2006, sections 375.101, by adding a subdivision; 412.02,
subdivision 2a, by adding a subdivision; Minnesota Statutes 2007 Supplement,
section 375.101, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4,
is amended to read:

Subd. 4.

Option for filling vacancies; appointment.

Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. deleted text begin If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
two years remain in the unexpired term, a special election shall be held in conjunction
with the county general election. The appointed person shall serve until the qualification
of the successor elected to fill the unexpired part of the term at that special election. If
the vacancy occurs on or after the first day to file affidavits of candidacy for the county
general election, or when less than two years remain in the unexpired term, there shall be
no special election to fill the vacancy and the appointed person shall serve the remainder
of the unexpired term and until a successor is elected and qualifies at the county general
election. deleted text end new text begin If more than one year remains until the next county general election, a special
election must be held under subdivision 1. If one year or less remains until the next
county general election, the board may appoint a person to fill the vacancy until a qualified
successor is elected at the next county general election.
new text end

Sec. 2.

Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin County boards. new text end

new text begin Before making an appointment to fill a vacancy under
subdivision 4, the county board must hold a public hearing not more than 30 days after
the vacancy occurs with public notice given in the same manner as for a special meeting
of the county board. At the public hearing the board must receive public testimony from
persons residing in the district in which the vacancy occurs relating to the qualifications
of prospective appointees to fill the vacancy. Before making an appointment, the board
also must notify public officials in the affected district on the appointment, including town
board and city council members, and must enter into the record at the board meeting in
which the appointment is made the names and addresses of the public officials notified. If
after the public hearing, the board is unable or decides not to make an appointment under
subdivision 4, it must hold a special election under subdivision 1, but the time period in
which the election must be held begins to run from the date of the public hearing.
new text end

Sec. 3.

Minnesota Statutes 2006, section 412.02, subdivision 2a, is amended to read:

Subd. 2a.

Vacancy.

Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment. deleted text begin If deleted text end
deleted text begin the vacancy occurs before the first day to file affidavits of candidacy for the next regular
deleted text end deleted text begin city election and more than deleted text end deleted text begin two years remain deleted text end deleted text begin in the unexpired term, a deleted text end deleted text begin special election shall
be held at or before the next regular city election and the appointed deleted text end deleted text begin person shall serve until
the qualification of a successor elected at a special election to fill deleted text end deleted text begin the unexpired portion of
the term. If the vacancy occurs on or after the first day to file deleted text end deleted text begin affidavits of candidacy for
the regular city election or when less than deleted text end deleted text begin two years remain deleted text end deleted text begin in the unexpired term, there
need not be a special election to fill the vacancy deleted text end deleted text begin and the appointed person shall serve until
the qualification of a successor deleted text end new text begin If more than one year remains until the next regular city
election, a special election must be held within 90 days of the vacancy to fill the vacant
position. If one year or less remains until the next city general election, the council may
appoint a person to fill the vacant position until a successor is qualified at the next city
general election new text end . The council must specify by ordinance under what circumstances it will
hold a special election to fill a vacancy other than a special election held at the same
time as the regular city election.

Sec. 4.

Minnesota Statutes 2006, section 412.02, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin City council. new text end

new text begin Before making an appointment to fill a vacancy under
subdivision 2a, the city council must hold a public hearing not more than 30 days after the
vacancy occurs with public notice given in the same manner as for a special meeting of
the city council. At the public hearing the council must receive public testimony from city
residents relating to the qualifications of prospective appointees to fill the vacancy. Before
making an appointment, the council also must notify the county auditor. If after the public
hearing, the council is unable or decides not to make an appointment under subdivision
2a, it must hold a special election, but the time period in which the election must be held
begins to run from the date of the public hearing.
new text end