HF 2432

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for five elected and 
  1.3             two mayor-appointed Minneapolis school board members; 
  1.4             amending Minnesota Statutes 1998, section 128D.05. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 128D.05, is 
  1.7   amended to read: 
  1.8      128D.05 [BOARD:  NUMBER, TERM, PAY, VACANCIES.] 
  1.9      Subdivision 1.  [NUMBER, TERM, PAY.] (a) The board of 
  1.10  education of such district shall consist of seven directors, 
  1.11  five of whom shall be elected according to paragraph (b) and two 
  1.12  of whom shall be appointed by the mayor of the city of 
  1.13  Minneapolis according to paragraph (c).  The term of office of 
  1.14  each director shall be four years or until a successor is 
  1.15  elected or appointed and qualified.  The directors shall receive 
  1.16  such compensation as may be fixed by the board of education. 
  1.17     (b) The governing body of special school district No. 1 may 
  1.18  shall provide for election of four three of its directors in 
  1.19  1994 1999 for a three-year term and subsequent years for 
  1.20  four-year terms, and election of three two of its directors in 
  1.21  1996 2001 for a three-year term and subsequent years for 
  1.22  four-year terms.  To accomplish this change, the governing body 
  1.23  may provide that the terms of office for directors elected in 
  1.24  1991 will expire January 1, 1995, and that the terms of office 
  1.25  for directors to be elected in 1993 will expire January 1, 1997. 
  2.1      (c) The mayor of the city of Minneapolis shall appoint two 
  2.2   directors to the board of education of special school district 
  2.3   No. 1, one of whom shall serve a four-year term beginning the 
  2.4   first Monday in January 2000, and one of whom shall serve a 
  2.5   four-year term beginning the first Monday in January 2002.  To 
  2.6   the extent practicable, the mayor shall appoint the directors 
  2.7   consistent with the city ordinance governing the open 
  2.8   appointments process.  Directors appointed by the mayor must 
  2.9   meet the same eligibility criteria as elected directors. 
  2.10     Subd. 2.  [TIME OF CHANGE.] A proposed change in election 
  2.11  years adopted under subdivision 1 is effective 240 days after 
  2.12  passage and publication or at a later date fixed in the 
  2.13  proposal. Within 180 days after passage and publication of the 
  2.14  proposal, a petition requesting a referendum on the proposal may 
  2.15  be filed with the school district clerk.  The petition must be 
  2.16  signed by eligible voters equal in number to five percent of the 
  2.17  total number of votes cast in the city of Minneapolis at the 
  2.18  most recent state general election.  If the requisite petition 
  2.19  is filed within the prescribed period, the proposal does not 
  2.20  become effective until it is approved by a majority of the 
  2.21  voters voting on the question at a general or special election 
  2.22  held at least 60 days after submission of the petition.  If the 
  2.23  petition is filed, the governing body may reconsider its action 
  2.24  in adopting the proposal. 
  2.25     Subd. 3.  [VACANCIES OF ELECTED AND APPOINTED 
  2.26  DIRECTORS.] (a) In case any vacancy occurs in the office of an 
  2.27  elected school director because of death, resignation, or 
  2.28  cessation of residence in the district, or any other cause, so 
  2.29  that after the next general school election following such 
  2.30  vacancy there shall be remaining at least two years of the 
  2.31  unexpired term, a school director shall be elected at the next 
  2.32  general school election to fill the place of such director, but 
  2.33  until such election, or if no election is to be had under the 
  2.34  foregoing provisions or because of the lack of time to comply 
  2.35  with the election requirements when an election is pending, the 
  2.36  remaining directors shall fill such vacancy.  The director so 
  3.1   appointed shall hold office until the first business day in 
  3.2   January following the election of a successor, or until that 
  3.3   successor qualifies. 
  3.4      (b) Any vacancy in the office of an appointed school 
  3.5   director shall be filled by a mayor's appointee consistent with 
  3.6   the city ordinance governing the open appointments process. 
  3.7      Sec. 2.  [TRANSITION.] 
  3.8      (a) The terms of persons who are directors before the 
  3.9   effective date of section 1 shall terminate on the first Monday 
  3.10  in January in the last year of the person's term. 
  3.11     (b) Notwithstanding Minnesota Statutes, section 128D.05, 
  3.12  subdivision 3, if a vacancy occurs in the office of a director 
  3.13  before the expiration of the term on the first Monday in January 
  3.14  2002, the mayor shall appoint an eligible person to serve the 
  3.15  remainder of the unexpired term. 
  3.16     Sec. 3.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  3.17     Sections 1 and 2 are effective the day following final 
  3.18  enactment.