SF 3298

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 08/20/2020 09:04am

A bill for an act
relating to local government; modifying provisions relating to charter commissions;
permitting reappointments; amending Minnesota Statutes 2018, sections 410.05,
subdivision 2; 410.06.

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

Section 1.

Minnesota Statutes 2018, section 410.05, subdivision 2, is amended to read:

Subd. 2.

Commission members; terms, vacancies.

Charter commission members shall
hold office for the term of four years, and until their successors are appointed and qualify,
except that of members initially appointed after July 1, 1967, eight shall be appointed for
two-year terms and seven for four-year terms. Vacancies in the commission shall be filled
by appointment of the chief judge for the unexpired terms. Upon the expiration of each
term, the chief judge shall appoint new new text begin or reappoint existing new text end commission members new text begin within
60 days new text end . deleted text begin If the chief judge fails to appoint new commission members within 30 days then
thereafter the governing body of the city shall, appoint new commission members, unless
within the 30-day period the chief judge indicates in writing to the governing body an
intention to appoint new members, in which case the chief judge shall have an additional
60 days within which to make the appointment. deleted text end Appointments shall be made by order filed
with the court administrator of the district court. An appointee who neglects to file with the
court administrator within 30 days a written acceptance and oath of office shall be deemed
to have declined the appointment and the place shall be filled as though the appointee had
resigned. The charter commission, within 30 days after the initial appointment of the
commission, shall make rules, including quorum requirements, with reference to its operations
and procedures. The commission shall submit to the chief judge of the district court, on or
before December 31 of each year, an annual report outlining its activities and
accomplishments for the preceding calendar year. The commission shall forward a copy of
the report to the clerk of the city. Any member may be removed at any time from office,
by written order of the district court, the reason for such removal being stated in the order.
When any member has failed to perform the duties of office and has failed to attend four
consecutive meetings without being excused by the commission, the secretary of the charter
commission shall file a certificate with the court setting forth those facts and the district
court shall thereupon make its order of removal and the chief judge shall fill the vacancy
created thereby.

Sec. 2.

Minnesota Statutes 2018, section 410.06, is amended to read:

410.06 COMPENSATION; EXPENSES.

The members of deleted text begin such deleted text end new text begin the new text end commission shall receive no compensation, but the commission
may employ an attorney and other personnel to assist in framing deleted text begin such deleted text end new text begin the new text end charter, and any
amendment or revision deleted text begin thereof, and deleted text end new text begin of it. When so directed by the commission, new text end the reasonable
compensation deleted text begin and deleted text end new text begin of personnel, new text end the cost of printing deleted text begin such deleted text end new text begin the new text end charter deleted text begin , deleted text end or any amendment or
revision deleted text begin thereof deleted text end new text begin of it new text end , deleted text begin when so directed by the commission deleted text end new text begin and the cost of informing the
citizens of a suggested charter or suggested charter amendments or revisions new text end , shall be paid
by deleted text begin such deleted text end new text begin the new text end city. The amount of reasonable and necessary charter commission expenses that
shall be deleted text begin so deleted text end paid by the city deleted text begin shall deleted text end new text begin is the greater of .07 percent of the city's current certified
general property tax levy or $1,500, new text end not new text begin to new text end exceed new text begin $20,000 new text end in any one year deleted text begin the sum of
$10,000 for a first class city and $1,500 for any other city; deleted text end new text begin , new text end but the council may authorize
such additional charter commission expenses deleted text begin as it deems deleted text end new text begin the commission considers new text end necessary.
Other statutory and charter provisions requiring budgeting of deleted text begin , deleted text end or limiting deleted text begin , deleted text end expenditures do
not apply to charter commission expenses. The council may levy a tax in excess of charter
tax limitations to pay deleted text begin such deleted text end new text begin the new text end expenses.