SF 2385

as introduced - 89th Legislature (2015 - 2016) Posted on 04/07/2016 01:25pm

A bill for an act
relating to the Metropolitan Council; modifying membership and terms of the
Metropolitan Council; amending Minnesota Statutes 2014, section 473.123.

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

Section 1.

Minnesota Statutes 2014, section 473.123, is amended to read:

473.123 METROPOLITAN COUNCIL.

Subdivision 1.

Creation.

A Metropolitan Council with jurisdiction in the
metropolitan area is established as a public corporation and political subdivision of the
state. It shall be under the supervision and control of 17 members, all of whom shall be
residents of the metropolitan area.

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 begin Each 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 begin end with the term of the governor deleted text end new text begin are staggered as follows:
members representing even-numbered districts have terms ending the first Monday in
January of the year ending in the numeral "7"; and members representing odd-numbered
districts have terms ending the first Monday in January of the year ending in the numeral
"5." 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 begin A 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 deleted text begin 16
deleted text end new text begin eight new text end 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.

Subd. 3.

deleted text begin Membership deleted text end new text begin Members from districts new text end ; appointment; qualifications.

(a) deleted text begin Sixteen deleted text end new text begin Eight new text end members must be appointed by the governor from districts defined by
this section. Each council member must reside in the council district represented. Each
council district must be represented by one member of the council.

(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. The 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. The notices must describe the
appointments process and invite participation and recommendations on the appointment.

(c) The governor shall create a nominating committee, composed of seven
metropolitan citizens appointed by the governor, to nominate persons for appointment to
the council from districts. Three of the committee members must be local elected officials.
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 a list of nominees for each
appointment. The governor is not required to appoint from the list.

(d) Before 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.

(e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.

(f) Members of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and the districts.

(g) Members of the council must be persons knowledgeable about urban and
metropolitan affairs.

(h) Any 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.

Subd. 3a.

Redistricting.

The legislature shall redraw the boundaries of the council
districts after each decennial federal census so that each district has substantially equal
population. Redistricting is effective in the year ending in the numeral "3." Within 60 days
after a redistricting plan takes effect, the governor shall appoint members from the newly
drawn districts to serve terms as provided under subdivision 2a.

Subd. 3e.

District boundaries.

new text begin (a) new text end Metropolitan Council plan MC2013-1A, on
file with the Geographical Information Systems Office of the Legislative Coordinating
Commission and published on its Web site on April 9, 2013, is adopted and constitutes
the redistricting plan required by subdivision 3a. The boundaries of each Metropolitan
Council district are as described in that plan.

new text begin (b) For the purposes of establishing eight districts for appointments made after
January 1, 2019, and until the 2023 redistricting takes effect, the council districts shall
consist of the following pairings of districts created by the MC2013-1A plan:
new text end

new text begin (1) the first district consists of council districts 1 and 2;
new text end

new text begin (2) the second district consists of council districts 3 and 4;
new text end

new text begin (3) the third district consists of council districts 5 and 6;
new text end

new text begin (4) the fourth district consists of council districts 7 and 8;
new text end

new text begin (5) the fifth district consists of council districts 9 and 10;
new text end

new text begin (6) the sixth district consists of council districts 11 and 12;
new text end

new text begin (7) the seventh district consists of council districts 13 and 14; and
new text end

new text begin (8) the eighth district consists of council districts 15 and 16.
new text end

new text begin This paragraph expires upon enactment of a new redistricting plan with eight council
districts.
new text end

Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(a)
The chair of the Metropolitan Council shall be appointed by the governor as the 17th
voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066.

The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.

(b) The Metropolitan Council shall elect other officers as it deems necessary for
the conduct of its affairs for a one-year term. A secretary and treasurer need not be
members of the Metropolitan Council. Meeting times and places shall be fixed by the
Metropolitan Council and special meetings may be called by a majority of the members
of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.

(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.

(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.

new text begin Subd. 4a. new text end

new text begin County commissioners as members. new text end

new text begin In addition to council members
appointed by the governor from districts, the county board of commissioners of each
metropolitan county shall appoint one elected county commissioner to serve on the
Metropolitan Council. The commissioner appointed serves at the pleasure of the
appointing county board. If the county commissioner appointed to the council ceases to be
an elected county commissioner, the council seat becomes vacant and the county board
shall appoint another commissioner to the office.
new text end

Subd. 8.

General counsel.

The council may appoint a general counsel to serve at
the pleasure of the council.

new text begin EFFECTIVE DATE. new text end

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