Minnesota Legislature
HF 448
as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 01:53pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/29/2015 |
Current Version - as introduced
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A bill for an act
relating to the Metropolitan Council; requiring local approval of gubernatorial
appointees to the Metropolitan Council; providing a method for local
governments to remove a member of the Metropolitan Council; amending
Minnesota Statutes 2014, section 473.123, subdivisions 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:
Subd. 3.
Membership; appointment; qualifications.
(a) Sixteen members must be
appointed by the governor from districts defined by this section. Each council member
must reside in the council district represented. Each council district must be represented
by one member of the council.
(b) In addition to the notice required by section 15.0597, subdivision 4, notice of
vacancies and expiration of terms must be published in newspapers of general circulation
in the metropolitan area and the appropriate districts. The governing bodies of the statutory
and home rule charter cities, counties, and towns having territory in the district for which
a member is to be appointed must be notified in writing. The notices must describe the
appointments process and invite participation and recommendations on the appointment.
(c) The governor shall create a nominating committee, composed of seven
metropolitan citizens appointed by the governor, to nominate persons for appointment to
the council from districts. Three of the committee members must be local elected officials.
Following the submission of applications as provided under section 15.0597, subdivision
5, the nominating committee shall conduct public meetings, after appropriate notice, to
accept statements from or on behalf of persons who have applied or been nominated for
appointment and to allow consultation with and secure the advice of the public and local
elected officials. The committee shall hold the meeting on each appointment in the district
or in a reasonably convenient and accessible location in the part of the metropolitan area
in which the district is located. The committee may consolidate meetings. Following
the meetings, the committee shall submit to the governor a list of nominees for each
appointment. The governor deleted text begin is not required to appointdeleted text end new text begin shall select a nominee for each
appointment new text end from the list.
(d) deleted text begin Before making an appointmentdeleted text end new text begin After receiving the list of nominees from
the nominating committee and prior to selecting a nomineenew text end , the governor shall consult
with all members of the legislature from the council district for which the member is to
be appointed.
(e) deleted text begin Appointments to the council are subject to the advice and consent of the senate
as provided in section 15.066deleted text end new text begin After the governor selects a nominee, the governor must
provide written notice of the name of the nominee to each local government in the district
that received written notice pursuant to paragraph (b). The governing body of each
local government in the district has 90 days from the date of the notice to consider the
nominee and pass a resolution in support of or in opposition to the nominee. A copy of the
resolution must be transmitted to the governor within 90 days from the date of the notice.
A local government that does not pass a resolution shall be deemed to oppose the nominee.
After the 90-day period expires for each local government in the district, if a majority of
local governments have passed resolutions in support of the nominee, the governor shall
submit the nominee for advice and consent of the senate as provided in section 15.066. If
a majority of local governments in the district have not passed resolutions in support of
the nominee when the 90-day period expires for each local government, the governor shall
select another nominee from the list required in paragraph (c) or request the nominating
committee to submit a new list of nominees. After each redistricting, the Geographical
Information Systems Office of the Legislative Coordinating Commission must create a list
of all local governments wholly or partially located in each districtnew text end .
(f) Members of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable about urban and
metropolitan affairs.
(h) Any vacancy in the office of a council member shall immediately be filled for the
unexpired term. In filling a vacancy, the governor deleted text begin may forgo the requirements of paragraph
(c) if the governor has made appointments in full compliance with the requirements of
this subdivision within the preceding 12 monthsdeleted text end new text begin shall follow the appointment process
provided in this subdivisionnew text end .
new text begin
(i) A council member may be removed by the majority of local governments in the
member's district by submitting resolutions to the chair of the council as provided by this
paragraph. The governing body of a local government may, at any time, adopt a resolution
stating that the governing body is seeking to remove the council member representing
the district. The local government must transmit the resolution to the chair of the
council. Within ten days of receiving the resolution, the chair must transmit to each local
government in the district a copy of the resolution and a notice that states that the council
member will be removed from office if the chair receives, within 90 days of the date of
the notice, resolutions from a majority of local governments in the district requesting
removal of the council member. Within 30 days after the expiration of the 90-day period,
the chair shall determine if a majority of local governments in the district have submitted
resolutions requesting removal of the member. If so, the member must be immediately
removed from office and the resulting vacancy shall be filled in the manner prescribed by
paragraph (h). This paragraph does not apply to the chair.
new text end
new text begin
(j) For purposes of this subdivision, "local government" means a home rule charter
or statutory city, or town.
new text end
Sec. 2.
Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
Subd. 4.
Chair; appointment, officers, selection; duties and compensation.
(a)
The chair of the Metropolitan Council shall be appointed by the governor as the 17th voting
member thereof by and with the advice and consent of the senate to serve at the pleasure
of the governor to represent the metropolitan area at large. Senate confirmation shall be as
provided by section 15.066.new text begin No local government approval is required to confirm the chair.
new text end
The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.
(b) The Metropolitan Council shall elect other officers as it deems necessary for
the conduct of its affairs for a one-year term. A secretary and treasurer need not be
members of the Metropolitan Council. Meeting times and places shall be fixed by the
Metropolitan Council and special meetings may be called by a majority of the members
of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.
(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.
(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.
Sec. 3. new text begin EFFECTIVE DATE; APPLICATION.
new text end
new text begin
This act is effective the day following final enactment. This act does not apply to
members that have been appointed and confirmed prior to the effective date. This act
applies to the appointment and confirmation of any member on or after the effective
dates. For individuals that have been appointed by the governor but not confirmed by the
senate on the effective date, the 90-day period described in Minnesota Statutes, section
473.123, subdivision 3, paragraph (e), starts on the effective date. This section applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end