HF 3662

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing for a public hearing and public testimony
before making an appointment to fill a vacancy on a county board or city council;
changing the time period in which an appointment may be made; amending
Minnesota Statutes 2006, sections 375.101, by adding a subdivision; 412.02,
subdivision 2a, by adding a subdivision; Minnesota Statutes 2007 Supplement,
section 375.101, subdivision 4.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4,
is amended to read:

Subd. 4.

Option for filling vacancies; appointment.

Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
deleted text begin two years remain deleted text end new text begin one year remains new text end in the unexpired term, a special election shall be held
in conjunction with the county general election. The appointed person shall serve until the
qualification of the successor elected to fill the unexpired part of the term at that special
election. If the vacancy occurs on or after the first day to file affidavits of candidacy for
the county general election, or when less than deleted text begin two years remain deleted text end new text begin one year remains new text end in the
unexpired term, there shall be no special election to fill the vacancy and the appointed
person shall serve the remainder of the unexpired term and until a successor is elected
and qualifies at the county general election.

Sec. 2.

Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
to read:

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
subdivision 3 or 4, the county board must hold a public hearing not more than 30 days after
the vacancy occurs with public notice given in the same manner as for a special meeting
of the county board. At the public hearing the board must receive public testimony from
persons residing in the district in which the vacancy occurs relating to the qualifications of
prospective appointees to fill the vacancy. Before making an appointment, the board also
must make a reasonable effort to consult with public officials in the affected district on
the appointment, including town board and city council members, and must enter into the
record at the board meeting in which the appointment is made the names and addresses
of the public officials consulted.
new text end

Sec. 3.

Minnesota Statutes 2006, section 412.02, subdivision 2a, is amended to read:

Subd. 2a.

Vacancy.

Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If
the vacancy occurs before the first day to file affidavits of candidacy for the next regular
city election and more than deleted text begin two years remain deleted text end new text begin one year remains new text end in the unexpired term, a
special election shall be held at or before the next regular city election and the appointed
person shall serve until the qualification of a successor elected at a special election to fill
the unexpired portion of the term. If the vacancy occurs on or after the first day to file
affidavits of candidacy for the regular city election or when less than deleted text begin two years remain deleted text end new text begin one
year remains new text end in the unexpired term, there need not be a special election to fill the vacancy
and the appointed person shall serve until the qualification of a successor. The council
must specify by ordinance under what circumstances it will hold a special election to fill a
vacancy other than a special election held at the same time as the regular city election.

Sec. 4.

Minnesota Statutes 2006, section 412.02, is amended by adding a subdivision
to read:

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
subdivision 2a or 2b, the city council must hold a public hearing not more than 30
days after the vacancy occurs with public notice given in the same manner as for a
special meeting of the city council. At the public hearing the council must receive public
testimony from persons residing in the ward or district in which the vacancy occurs
relating to the qualifications of prospective appointees to fill the vacancy. Before making
an appointment, the council also must make a reasonable effort to consult with public
officials in the affected ward or district on the appointment and enter into the record at
the council meeting in which the appointment is made the names and addresses of the
public officials consulted.
new text end