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Minnesota Legislature

Office of the Revisor of Statutes

HF 370

as introduced - 91st Legislature (2019 - 2020) Posted on 01/24/2019 02:16pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the Metropolitan Council; providing for staggered terms; expanding
the membership of the nomination committee; requiring additional information to
be made publicly available as part of the selection process; clarifying council
member qualifications; amending Minnesota Statutes 2018, section 473.123,
subdivisions 2a, 3.

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

Section 1.

Minnesota Statutes 2018, section 473.123, subdivision 2a, is amended to read:


Subd. 2a.

Terms.

Following each apportionment of council districts, as provided under
subdivision 3a, council members must be appointed from newly drawn districts as provided
in subdivision 3a. deleted text beginEach council member, other than the chair, must reside in the council
district represented. Each council district must be represented by one member of the council.
deleted text end The terms of members deleted text beginend with the term of the governordeleted text endnew text begin are staggered as follows: members
representing an odd-numbered district have terms ending the first Monday in January of
the year ending in the numeral "1" and members representing an even-numbered district
have terms ending the first Monday in January in the year ending in the numeral "3."
Thereafter, the term of each member is four years, with terms ending the first Monday in
January
new text end, except that all terms expire on the effective date of the next apportionment. deleted text beginA
member serves at the pleasure of the governor.
deleted text end A member shall continue to serve the
member's district until a successor is appointed and qualified; except that, following each
apportionment, the member shall continue to serve at large until the governor appoints 16
council members, one from each of the newly drawn council districts as provided under
subdivision 3a, to serve terms as provided under this section. The appointment to the council
must be made by the first Monday in March of the year in which the term ends.

new text begin EFFECTIVE DATE; APPLICATION; TRANSITION. new text end

new text begin (a) This section is effective
for appointments made on or after January 1, 2021, and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

new text begin (b) Each member serving on the Metropolitan Council on the effective date of this section
shall continue to serve until the member's successor is appointed and qualified. Thereafter,
subject to Minnesota Statutes, section 473.123, subdivision 3a, the term of each member is
four years, with terms ending the first Monday in January.
new text end

Sec. 2.

Minnesota Statutes 2018, 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. deleted text beginEach council member must
reside in the council district represented. Each council district must be represented by
deleted text end One
member of the councilnew text begin must represent each council district and reside in the district
represented
new text end.

(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. deleted text beginThe 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.
deleted text end new text beginWithin ten days of submitting
notice to the secretary of state as required by section 15.0597, subdivision 4, the notice must
be provided through electronic means to the governing boards of the statutory and home
rule charter cities, counties, and towns having territory in the district for which a member
is to be appointed. Notice must also be provided to organizations representing the interests
of local governments within the metropolitan area that have notified the secretary of state
that they would like to receive notice.
new text endThe notices new text beginrequired by this section new text endmust deleted text begindescribedeleted text end
new text begin include a description of new text endthe appointments processnew text begin; a detailed position description that includes
the required skills, expected time commitment, and connection to the district;
new text end and new text beginmust
new text end invite participation and recommendations on the appointment.

(c) The governor shall create a nominating committeedeleted text begin, composed of seven metropolitan
citizens appointed by the governor,
deleted text end to nominate persons for appointment to the council from
districts. deleted text beginThree of the committee members must be local elected officials.deleted text endnew text begin The governor
must appoint six members. The Association of Metropolitan Municipalities must appoint
four locally elected officials to serve as members representing cities. The Association of
Minnesota Counties must appoint three locally elected officials to serve as members
representing counties.
new text end

new text begin (d) The nominating committee must actively seek out and encourage qualified individuals
to apply for a council member position. The nominating committee shall seek input from:
new text end

new text begin (1) the governing boards of the statutory and home rule charter cities, counties, and
towns having territory in the district for which a member is to be appointed; and
new text end

new text begin (2) organizations representing the interests of local governments within the metropolitan
area.
new text end

new text begin (e)new text end 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 deleted text begina list of nomineesdeleted text end new text beginthree finalists new text endfor
each appointment. new text beginThe nominating committee shall publish and provide notice of the names
and qualifications of each of the three finalists in the same manner in which the notice of
vacancy was published and provided. The governor must not make an appointment until at
least 21 days after the names of the finalists were published and after the nominating
committee has provided an opportunity for public comment.
new text endThe governor is not required
to appoint from the listnew text begin but must consult with the nominating committee before appointing
a member not included in the nominating committee's list of three finalists. If the governor
rejects the nominating committee's three finalists, the governor must, in writing, provide a
detailed explanation of the reasons for the rejection
new text end.

deleted text begin (d)deleted text end new text begin(f) new text endBefore making an appointment, the governor shall consult with all members of
the legislature from the council district for which the member is to be appointed.

deleted text begin (e)deleted text end new text begin(g) new text endAppointments to the council are subject to the advice and consent of the senate
as provided in section 15.066.

deleted text begin (f)deleted text end new text begin(h) new text endMembers of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and new text begineach of new text endthe districts.

deleted text begin (g)deleted text endnew text begin (i)new text end Members of the council must be persons knowledgeable about urban and
metropolitan affairs.new text begin Members must have relevant experience in areas including but not
limited to local government, transportation, housing, environment, and regional development.
Members appointed to the council must be able to meet time commitments required by the
position including attending council meetings, attending community meetings, and
completing other job duties.
new text end

new text begin (j) Each member must demonstrate an understanding of the unique issues and needs of
the member's district and demonstrate the ability to work collaboratively with local officials
in the district.
new text end

new text begin (k) Each member must demonstrate a commitment to and understanding of the council's
mission and purpose.
new text end

deleted text begin (h)deleted text end new text begin(l) new text endAny vacancy in the office of a council member shall immediately be filled for
the unexpired term. In filling a vacancy, the governor 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 months.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective retroactively for
appointments made on or after January 1, 2019, and applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end