SF 889

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan council; providing for a 
  1.3             16-member council; providing for a council chair to be 
  1.4             elected from among the members; clarifying existing 
  1.5             provisions; amending Minnesota Statutes 1994, sections 
  1.6             473.123, subdivisions 1, 3, 4, and 7; and 473.407, 
  1.7             subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 473.123, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [CREATION.] A metropolitan council with 
  1.12  jurisdiction in the metropolitan area is established as a public 
  1.13  corporation and political subdivision of the state.  It shall be 
  1.14  under the supervision and control of 17 16 members, all of whom 
  1.15  shall be residents of the metropolitan area. 
  1.16     Sec. 2.  Minnesota Statutes 1994, section 473.123, 
  1.17  subdivision 3, is amended to read: 
  1.18     Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 
  1.19  Sixteen members must be appointed by the governor from districts 
  1.20  defined by this section.  Each council member must reside in the 
  1.21  council district represented.  Each council district must be 
  1.22  represented by one member of the council. 
  1.23     (b) In addition to the notice required by section 15.0597, 
  1.24  subdivision 4, notice of vacancies and expiration of terms must 
  1.25  be published in newspapers of general circulation in the 
  1.26  metropolitan area and the appropriate districts.  The governing 
  2.1   bodies of the statutory and home rule charter cities, counties, 
  2.2   and towns having territory in the district for which a member is 
  2.3   to be appointed must be notified in writing.  The notices must 
  2.4   describe the appointments process and invite participation and 
  2.5   recommendations on the appointment.  
  2.6      (c) The governor shall create a nominating committee, 
  2.7   composed of seven metropolitan citizens appointed by the 
  2.8   governor, to nominate persons for appointment to the council 
  2.9   from districts.  Three of the committee members must be local 
  2.10  elected officials.  Following the submission of applications as 
  2.11  provided under section 15.0597, subdivision 5, the nominating 
  2.12  committee shall conduct public meetings, after appropriate 
  2.13  notice, to accept statements from or on behalf of persons who 
  2.14  have applied or been nominated for appointment and to allow 
  2.15  consultation with and secure the advice of the public and local 
  2.16  elected officials.  The committee shall hold the meeting on each 
  2.17  appointment in the district or in a reasonably convenient and 
  2.18  accessible location in the part of the metropolitan area in 
  2.19  which the district is located.  The committee may consolidate 
  2.20  meetings.  Following the meetings, the committee shall submit to 
  2.21  the governor a list of nominees for each appointment.  The 
  2.22  governor is not required to appoint from the list.  
  2.23     (d) Before making an appointment, the governor shall 
  2.24  consult with all members of the legislature from the council 
  2.25  district for which the member is to be appointed.  
  2.26     (e) Appointments to the council are subject to the advice 
  2.27  and consent of the senate as provided in section 15.066. 
  2.28     (f) Members of the council must be appointed to reflect 
  2.29  fairly the various demographic, political, and other interests 
  2.30  in the metropolitan area and the districts.  
  2.31     (g) (c) Members of the council must be persons 
  2.32  knowledgeable about urban and metropolitan affairs. 
  2.33     Sec. 3.  Minnesota Statutes 1994, section 473.123, 
  2.34  subdivision 4, is amended to read: 
  2.35     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
  2.36  AND COMPENSATION.] (a) The chair of the metropolitan council 
  3.1   shall be appointed by the governor as the 17th voting member 
  3.2   thereof by and with the advice and consent of the senate to 
  3.3   serve at the pleasure of the governor to represent the 
  3.4   metropolitan area at large.  Senate confirmation shall be as 
  3.5   provided by section 15.066 elected by and from among the members 
  3.6   of the council at the first meeting of the council after the 
  3.7   first Monday of January each year and serves for a term of one 
  3.8   year.  
  3.9      The chair of the metropolitan council shall, if present, 
  3.10  preside at meetings of the council, have the primary 
  3.11  responsibility for meeting with local elected officials, serve 
  3.12  as the principal legislative liaison, present to the governor 
  3.13  and the legislature, after council approval, the council's plans 
  3.14  for regional governance and operations, serve as the principal 
  3.15  spokesperson of the council, and perform other duties assigned 
  3.16  by the council or by law. 
  3.17     (b) The metropolitan council shall elect other officers, in 
  3.18  addition to the chair, as it deems necessary for the conduct of 
  3.19  its affairs for a the same one-year term as the chair.  A 
  3.20  secretary and treasurer need not be members of the metropolitan 
  3.21  council.  Meeting times and places shall be fixed by the 
  3.22  metropolitan council and special meetings may be called by a 
  3.23  majority of the members of the metropolitan council or by the 
  3.24  chair.  The chair and Each metropolitan council member shall be 
  3.25  reimbursed for actual and necessary expenses.  The annual budget 
  3.26  of the council shall provide as a separate account anticipated 
  3.27  expenditures for compensation, travel, and associated expenses 
  3.28  for the chair and members, and compensation or reimbursement 
  3.29  shall be made to the chair and members only when budgeted. 
  3.30     (c) Each member of the council shall attend and participate 
  3.31  in council meetings and meet regularly with local elected 
  3.32  officials and legislative members from the council member's 
  3.33  district.  Each council member shall serve on at least one 
  3.34  division committee for transportation, environment, or community 
  3.35  development. 
  3.36     (d) In the performance of its duties the metropolitan 
  4.1   council may adopt policies and procedures governing its 
  4.2   operation, establish committees, and, when specifically 
  4.3   authorized by law, make appointments to other governmental 
  4.4   agencies and districts.  
  4.5      Sec. 4.  Minnesota Statutes 1994, section 473.123, 
  4.6   subdivision 7, is amended to read: 
  4.7      Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
  4.8   other than the chair, may hire a performance and budget analyst 
  4.9   to assist the 16 council members with policy and budget analysis 
  4.10  and evaluation of the council's performance.  The analyst may 
  4.11  recommend and the council may hire up to two additional analysts 
  4.12  to assist the council with performance evaluation and budget 
  4.13  analysis.  The analyst and any additional analysts hired shall 
  4.14  serve at the pleasure of the council members.  The 16 members of 
  4.15  the council may prescribe all terms and conditions for the 
  4.16  employment of the analyst and any additional analysts hired, 
  4.17  including, but not limited to, the fixing of compensation, 
  4.18  benefits, and insurance.  The analyst shall prepare the budget 
  4.19  for the provisions of this section and submit the budget for 
  4.20  council approval and inclusion in the council's overall budget. 
  4.21     Sec. 5.  Minnesota Statutes 1994, section 473.407, 
  4.22  subdivision 4, is amended to read: 
  4.23     Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER TRANSIT POLICE.] 
  4.24  The council shall appoint employ a full-time peace officer 
  4.25  employed full time to be the chief law enforcement officer and 
  4.26  to be who is responsible for the management of the law 
  4.27  enforcement agency transit police services.  The person shall 
  4.28  possess the necessary police and management experience and have 
  4.29  the title of chief of metropolitan transit police services.  All 
  4.30  other police management and supervisory personnel must be 
  4.31  employed full time by the council.  Supervisory personnel must 
  4.32  be on duty and available any time transit police are on duty.  
  4.33  The council may not hire part-time peace officers as defined in 
  4.34  section 626.84, subdivision 1, paragraph (f), except that the 
  4.35  council may appoint peace officers to work on a part-time basis 
  4.36  not to exceed 30 full-time equivalents. 
  5.1      Sec. 6.  [EFFECTIVE DATE.] 
  5.2      Sections 1 to 5 are effective on January 1, 1996.