SF 3922
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/27/2026 10:21 a.m.
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A bill for an act
relating to state government; providing for legislative removal of inferior executive
branch officers; proposing coding for new law in Minnesota Statutes, chapter 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[3.99] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For purposes of sections 3.99 to 3.993, the following terms
have the meanings given.
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new text begin Subd. 2. new text end
new text begin Agency. new text end
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"Agency" means any executive branch board, commission, council,
committee, authority, office, or comparable public entity established by law.
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new text begin Subd. 3. new text end
new text begin Department. new text end
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"Department" means each of the departments of state identified
in section 15.01.
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new text begin Subd. 4. new text end
new text begin Inferior officer. new text end
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"Inferior officer" means the head, deputy head, and assistant
heads of any agency or department and the employee who serves as director or other head
of any division, bureau, office, or other organizational unit within an agency or department.
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new text begin Subd. 5. new text end
new text begin Malfeasance. new text end
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"Malfeasance" means the willful commission of an unlawful or
wrongful act in the performance of an inferior officer's duties that is outside the scope of
the authority of the inferior officer and that infringes on the rights of any person or entity.
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new text begin Subd. 6. new text end
new text begin Nonfeasance. new text end
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"Nonfeasance" means the willful failure to perform a specific
act that is a required part of the duties of the inferior officer.
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Sec. 2.
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[3.991] LEGISLATIVE REMOVAL OF INFERIOR EXECUTIVE BRANCH
OFFICERS.
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Notwithstanding any law to the contrary or any plan established by the commissioner
of management and budget under chapter 43A, the legislature may require the immediate
removal of an inferior officer for malfeasance or nonfeasance as provided in sections 3.992
and 3.993.
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Sec. 3.
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[3.992] COMPLAINT; PUBLIC PROCEEDINGS.
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new text begin Subdivision 1. new text end
new text begin Complaint. new text end
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(a) Any legislative member of the senate may request the
removal of an inferior officer by submitting a complaint to the senate majority leader and
any legislative member of the house of representatives may request the removal of an inferior
officer by submitting a complaint to the speaker of the house. The complaint must include
the facts that allege with specificity an inferior officer committed malfeasance or nonfeasance
in the performance of the inferior officer's duties.
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(b) Within ten days of receiving a complaint under paragraph (a), the senate majority
leader or speaker of the house must:
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(1) forward the complaint to the appropriate legislative committee as determined by the
associated rules of the house of representatives or senate; and
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(2) cause a copy of the complaint and any supporting materials to be delivered on behalf
of the house of representatives or senate to the governor and any inferior officer named in
the complaint.
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new text begin Subd. 2. new text end
new text begin Public proceedings; waiver. new text end
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(a) Within 30 days of receiving a complaint under
subdivision 1, the legislative committee must commence public proceedings according to
this section and the rules of the complainant's house of the legislature. The complaint may
be amended by right of the complainant at any time prior to 20 days before the public
proceedings begin. The chair of the legislative committee may permit later amendment of
the complaint only for good cause.
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(b) The complainant and the inferior officer may be represented by legal counsel at their
own expense. The inferior officer has the right to respond to all charges; to call and
cross-examine witnesses; to introduce exhibits; to be furnished with exhibits, documents,
and evidence in possession of the legislative committee; and to rebut evidence offered by
the complainant. The complainant must be notified of all public hearings on the complaint
and must be given notice of the opportunity to offer evidence of matters alleged in the
complaint.
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(c) During the public proceedings, the legislative committee must take testimony and
evidence sufficient to determine:
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(1) whether the complainant has shown by clear and convincing evidence that the factual
allegations of malfeasance or nonfeasance by the inferior officer are true; and
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(2) if so, whether the facts found to be true constitute malfeasance or nonfeasance.
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(d) The existence and substance of a complaint, including any supporting materials, and
all proceedings and records are public.
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(e) An inferior officer who is the subject of a complaint may waive in writing the right
to public proceedings under this section.
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new text begin Subd. 3. new text end
new text begin Disposition of complaint. new text end
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(a) The legislative committee must dismiss the
complaint at any time if a majority of legislative committee members determine that the
standard under subdivision 2, paragraph (c), has not been met.
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(b) If a majority of legislative committee members determine that the facts found to be
true constitute malfeasance or nonfeasance, the legislative committee must report the
complaint and the legislative committee's recommendations to the full house of the legislature
for final disposition.
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Sec. 4.
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[3.993] FINAL DISPOSITION; REMOVAL.
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When in receipt of a complaint and recommendations reported under section 3.992, the
house of the legislature may vote on the question of whether to remove the inferior officer.
If a majority of the members elected to each house of the legislature votes in favor, the
inferior officer must be discharged by the governor or the governor's designee effective the
day after the second house of the legislature notifies the governor that both houses of the
legislature have voted in favor of removal. The complaint and recommendations submitted
to each house of the legislature by their respective legislative committees under section
3.992 need not be identical, so long as each complaint contains allegations of malfeasance
or nonfeasance against the same inferior officer.
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