HF 3662

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to local government; providing for a public hearing and public testimony 1.3before making an appointment to fill a vacancy on a county board or city council; 1.4changing the time period in which an appointment may be made;amending 1.5Minnesota Statutes 2006, sections 375.101, by adding a subdivision; 412.02, 1.6subdivision 2a, by adding a subdivision; Minnesota Statutes 2007 Supplement, 1.7section 375.101, subdivision 4. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4, 1.10is amended to read: 1.11    Subd. 4. Option for filling vacancies; appointment. Except as provided in 1.12subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any 1.13other vacancy in the office of county commissioner may be filled by board appointment at 1.14a regular or special meeting. The appointment shall be evidenced by a resolution entered 1.15in the minutes and shall continue until an election is held under this subdivision. All 1.16elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the 1.17first day to file affidavits of candidacy for the next county general election and more than 1.18two years remain in the unexpired term, a special election shall be held in conjunction 1.19with the county general election. The appointed person shall serve until the qualification 1.20of the successor elected to fill the unexpired part of the term at that special election. If 1.21the vacancy occurs on or after the first day to file affidavits of candidacy for the county 1.22general election, or when less than two years remain in the unexpired term, there shall be 1.23no special election to fill the vacancy and the appointed person shall serve the remainder 1.24of the unexpired term and until a successor is elected and qualifies at the county general 1.25election. new text begin If more than one year remains until the next county general election, a special new text end 2.1 new text begin election must be held under subdivision 1. If from one year to 90 days remains until the new text end 2.2 new text begin next county general election, the board may appoint a person to fill the vacancy until a new text end 2.3 new text begin qualified successor is elected at the next county general election. If less than 90 days new text end 2.4 new text begin remain until the next general election no appointment shall be made and the vacancy new text end 2.5 new text begin must be filled at the next general election. new text end 2.6    Sec. 2. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 2.7to read: 2.8     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 new text end 2.9 new text begin subdivision 4, the county board must hold a public hearing not more than 30 days after new text end 2.10 new text begin the vacancy occurs with public notice given in the same manner as for a special meeting new text end 2.11 new text begin of the county board. At the public hearing the board must receive public testimony from new text end 2.12 new text begin persons residing in the district in which the vacancy occurs relating to the qualifications new text end 2.13 new text begin of prospective appointees to fill the vacancy. Before making an appointment, the board new text end 2.14 new text begin also must notify public officials in the affected district on the appointment, including town new text end 2.15 new text begin board and city council members, and must enter into the record at the board meeting in new text end 2.16 new text begin which the appointment is made the names and addresses of the public officials notified. If new text end 2.17 new text begin after the public hearing, the board is unable or decides not to make an appointment under new text end 2.18 new text begin subdivision 4, it must hold a special election under subdivision 1, but the time period in new text end 2.19 new text begin which the election must be held begins to run from the date of the public hearing. new text end 2.20    Sec. 3. Minnesota Statutes 2006, section 412.02, subdivision 2a, is amended to read: 2.21    Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an 2.22office shall be filled by council appointment until an election is held as provided in this 2.23subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If 2.24the vacancy occurs before the first day to file affidavits of candidacy for the next regular 2.25city election and more than two years remain in the unexpired term, a special election shall 2.26be held at or before the next regular city election and the appointed person shall serve until 2.27the qualification of a successor elected at a special election to fill the unexpired portion 2.28of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy 2.29for the regular city election or when less than two years remain in the unexpired term, 2.30there need not be a special election to fill the vacancy and the appointed person shall 2.31serve until the qualification of a successor new text begin If more than one year remains until the next new text end 2.32 new text begin regular city election, a special election must be held within 90 days of the vacancy to new text end 2.33 new text begin fill the vacant position. If from one year to 90 days remains until the next city general new text end 2.34 new text begin election, the council may appoint a person to fill the vacant position until a successor is new text end 3.1 new text begin qualified at the next city general election new text end . new text begin If less than 90 days remain until the next general new text end 3.2 new text begin election no appointment shall be made and the vacancy must be filled at the next general new text end 3.3 new text begin election. new text end The council must specify by ordinance under what circumstances it will hold 3.4a special election to fill a vacancy other than a special election held at the same time as 3.5the regular city election. 3.6    Sec. 4. Minnesota Statutes 2006, section 412.02, is amended by adding a subdivision 3.7to read: 3.8     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 new text end 3.9 new text begin subdivision 2a, the city council must hold a public hearing not more than 30 days after the new text end 3.10 new text begin vacancy occurs with public notice given in the same manner as for a special meeting of new text end 3.11 new text begin the city council. At the public hearing the council must receive public testimony from city new text end 3.12 new text begin residents relating to the qualifications of prospective appointees to fill the vacancy. Before new text end 3.13 new text begin making an appointment, the council also must notify the county auditor. If after the public new text end 3.14 new text begin hearing, the council is unable or decides not to make an appointment under subdivision new text end 3.15 new text begin 2a, it must hold a special election, but the time period in which the election must be held new text end 3.16 new text begin begins to run from the date of the public hearing. new text end