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SF 4408

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 02:06pm

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

Current Version - as introduced

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A bill for an act
relating to state government; modifying enabling statute for ethnic councils;
amending Minnesota Statutes 2018, section 15.0145, subdivisions 3, 5, 6.

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

Section 1.

Minnesota Statutes 2018, section 15.0145, subdivision 3, is amended to read:


Subd. 3.

Appointments; terms; removal.

(a) In making appointments to a council, the
governor shall consider an appointee's proven dedication and commitment to the council's
deleted text begin communitydeleted text endnew text begin constituencynew text end and any expertise possessed by the appointee that might be
beneficial to the council, such as experience in public policy, legal affairs, social work,
business, or management. The executive director of a council and legislative members may
offer advice to the governor on applicants seeking appointment.

(b) Terms, compensation, and filling of vacancies for members appointed by the governor
are as provided in section 15.059. Removal of members appointed by the governor is
governed by section 15.059, except that: (1) a member who missed more than half of the
council meetings convened during a 12-month period automatically is removed from the
council; and (2) a member appointed by the governor may be removed by a vote of three
of the four legislative members of the council. The chair of a council shall inform the
governor of the need for the governor to fill a vacancy on the council. Legislative members
serve at the pleasure of their appointing authority.

(c) A member appointed by the governor may serve no more than a total of eight years
on a council. A legislator may serve no more than eight consecutive years or 12
nonconsecutive years on any one council.

Sec. 2.

Minnesota Statutes 2018, section 15.0145, subdivision 5, is amended to read:


Subd. 5.

Executive director; staff.

(a) The Legislative Coordinating Commission must
appoint an executive director for each councilnew text begin who will be accountable for fulfilling the
council's duties
new text end. The executive director must be experienced in administrative activities and
familiar with the challenges and needs of the ethnic council's larger community. The
executive director new text beginis a nonpartisan position and new text endserves in the unclassified service at the
pleasure of the Legislative Coordinating Commission.

(b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director positions. This process must include
consultation and collaboration with the applicable council.

(c) The executive director deleted text beginand applicabledeleted text endnew text begin provides leadership to theirnew text end council members
deleted text begin must work togetherdeleted text end in fulfilling council duties. The executive director must consult with
the commissioner of administration to ensure appropriate financial, purchasing, human
resources, and other services for operation of the council.

(d) deleted text beginOnce appointed,deleted text end Each deleted text begincouncildeleted text endnew text begin executive directornew text end is responsible for deleted text beginsupervising the
work of its director
deleted text endnew text begin representing the council and its constituency. The Legislative
Coordinating Commission must coordinate an annual performance evaluation of each
council's executive director
new text end. The council chair must report to the chair new text beginand executive director
new text end of the Legislative Coordinating Commission new text beginabout their perspective new text endregarding the
performance of the new text begincouncil's new text endexecutive directordeleted text begin, including any recommendations regarding
disciplinary actions
deleted text end. The executive director must appoint and supervise the work of deleted text beginotherdeleted text endnew text begin
nonpartisan
new text end staff necessary to carry out the duties of the council. deleted text beginThe executive director
must consult with the council chair prior to taking the following disciplinary actions with
council staff: written reprimand, suspension, demotion, or discharge.
deleted text end The executive director
and other council staff are executive branch employees.

(e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.

(f) The Legislative Coordinating Commission may delegate its responsibilities under
this section to a subcommittee or subgroup of the commission or the chair of the council.

Sec. 3.

Minnesota Statutes 2018, section 15.0145, subdivision 6, is amended to read:


Subd. 6.

Duties of council.

(a) A council must work for the implementation of economic,
social, legal, and political equality for its constituency. The council shall work with the
legislature and governor to carry out this work by performing the duties in this section.

(b) A council shall advise the governor and the legislature on issues confronting the
constituency of the council. This may include, but is not limited to, presenting the results
of surveys, studies, and community forums to the appropriate executive departments and
legislative committees.

(c) A council shall advise the governor and the legislature of administrative and legislative
changes needed to improve the economic and social condition of the constituency of the
council. This may include but is not limited to working with legislators to develop legislation
to address these issues and to work for passage of the legislation. This may also include
making recommendations regarding the state's affirmative action program and the state's
targeted group small business program, or working with state agencies and organizations
to develop business opportunities and promote economic development for the constituency
of the council.

(d) A council shall advise the governor and the legislature of the implications and effect
of proposed administrative and legislative changes on the constituency of the council. This
may include but is not limited to tracking legislation, testifying as appropriate, and meeting
with executive departments and legislators.

(e) A council shall serve as a liaison between state government and organizations that
serve the constituency of the council. This may include but is not limited to working with
these organizations to carry out the duties in paragraphs (a) to (d), and working with these
organizations to develop informational programs or publications to involve and empower
the constituency in seeking improvement in their economic and social conditions.

(f) A council shall perform or contract for the performance of studies designed to suggest
solutions to the problems of the constituency of the council in the areas of education,
employment, human rights, health, housing, social welfare, and other related areas.

(g) In carrying out duties under this subdivision, councils may act to advise on issues
that affect the shared constituencies of more than one council.

new text begin (h) In carrying out duties under this subdivision, a council may delegate to the council's
executive director the authority to represent the interests of the council and the council's
constituency to the governor and the legislature.
new text end