Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 103-S.F.No. 557 
           An act relating to Ramsey county; providing for a 
          charter commission to recommend a form of county 
          government and providing for its adoption. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [383A.551] [RAMSEY COUNTY; CHARTER COMMISSION.] 
    Subdivision 1.  [RAMSEY COUNTY LEGISLATIVE DELEGATION.] For 
purposes of this act the Ramsey county legislative delegation 
means all elected members of the state house of representatives 
and state senate whose legislative district includes a portion 
of Ramsey county. 
    Subd. 2.  [CHAIR OF DELEGATION.] The chair of the Ramsey 
county state house of representatives delegation and the chair 
of the Ramsey county state senate delegation shall act as 
co-chairs of the Ramsey county legislative delegation. 
    Sec. 2.  [383A.552] [CHARTER COMMISSION; NOMINATIONS AND 
APPOINTMENTS.] 
    Within 30 days of the effective date of this act the Ramsey 
county legislative delegation shall nominate 41 persons as 
candidates for appointment to a charter commission to frame a 
charter to provide for the form of government for Ramsey county. 
Five persons who reside in the district shall be nominated for 
each of the county commissioner districts in the county.  Six 
persons who reside in the county shall also be nominated without 
regard to county commissioner districts.  Within 30 days of the 
selection of nominees the judges of the second judicial district 
shall appoint the charter commission of 17 members consisting of 
two appointees for each county commissioner district selected 
from those nominated from each county commissioner district and 
three appointees from those nominated at large to serve at 
large.  The commission members must be qualified voters in 
Ramsey county.  No person shall be disqualified from serving on 
the charter commission because of holding an elective or 
appointive office. 
    Sec. 3.  [383A.553] [CHARTER COMMISSION; TERMS; CHAIR; 
EXPENSES AND ADMINISTRATION.] 
    Subdivision 1.  [TERMS.] Members of the charter commission 
shall hold office until a final report has been made as provided 
in section 4.  Vacancies shall be filled by the appointing 
authority.  Appointments shall be made by filing with the board 
of county commissioners.  An appointee shall file acceptance of 
the appointment with the board of county commissioners within 
ten days or be considered to have declined the appointment. 
    Subd. 2.  [CHAIR; RULES.] The charter commission shall meet 
within 30 days after the initial appointment, elect a chair from 
their number, and establish rules, including quorum requirements 
for its operation and procedures. 
    Subd. 3.  [EXPENSES AND ADMINISTRATION.] The members of the 
charter commission shall receive no compensation except 
reimbursement for expenses they actually incur in the course of 
their duties.  The board of county commissioners may make an 
appropriation to the charter commission to be used to employ 
research and clerical assistance, for supplies, and to meet 
expenses considered necessary by the charter commission.  
Employees of the charter commission shall be in the unclassified 
service of the county.  The charter commission shall have the 
right to request and receive assistance from any county 
official.  If requested, the personnel director shall assist the 
charter commission to test and hire employees.  The county 
attorney shall provide legal services as may be requested.  
    Sec. 4.  [383A.554] [POWERS AND DUTIES.] 
    Before December 31, 1988, the charter commission shall 
deliver to the board of county commissioners either (1) its 
report determining that the present form of county government is 
adequate for the county and that a charter is not necessary or 
desirable, or (2) a draft of a proposed charter.  The report 
must be signed by a majority of the members of the charter 
commission.  The proposed charter may provide for any form of 
government consistent with the constitution of the state of 
Minnesota.  It may provide for the establishment and 
administration of all departments of a county government and for 
the regulation of all local county functions.  It may abolish or 
consolidate any department or agency.  The charter commission is 
required to hold at least one public hearing in each of the 
county commissioner districts.  
    It shall provide for present functions to be assumed by new 
elective or appointive officers as shall be provided for in the 
charter and may provide for other powers consistent with other 
law.  It shall provide methods of procedure in respect to the 
operation of the government created and the duties of all 
officers.  It shall provide for a home rule charter commission 
consistent with article XII, section 5, of the constitution of 
the state of Minnesota and may provide for alternative methods 
for amending or abandoning the charter consistent with the 
constitution.  The county may be authorized to acquire by gift, 
devise, purchase, or condemnation or sell or lease any property 
needed for the full discharge of its duties and powers.  All 
special and general laws authorizing the county to incur 
indebtedness or issue bonds shall be subject to the charter, 
provided that the charter provisions are not in conflict with 
general laws relating to public indebtedness.  The county shall 
continue to have all the powers granted by law. 
    Personnel matters relating to Ramsey county employees shall 
continue to be governed by Minnesota Statutes, sections 383A.281 
to 383A.301 and Minnesota Statutes, sections 197.455 to 197.48.  
A charter proposed for adoption under this act shall not apply 
to personnel matters. 
    Sec. 5.  [383A.555] [ELECTION; BALLOT.] 
    Subdivision 1.  [PROCEDURE; NOTICE.] Upon delivery of the 
proposed charter to the board of county commissioners, the board 
shall submit it to the voters at the general election in 1990.  
The election shall be conducted as nearly as possible in 
accordance with Minnesota Statutes, chapter 372, provided that 
the polls shall remain open until 8:00 p.m.  The notice of 
election must contain the complete charter and must be published 
once a week for two successive weeks in a qualified newspaper of 
general circulation within the county. 
    Subd. 2.  [BALLOT FORM.] The ballot must be in the 
following form: 
    "Shall the proposed new county charter be adopted? 
                                    Yes . . . . .
                                    No  . . . . ." 
The voter shall place an "X" after one of the last two words to 
express the voter's choice. 
    Sec. 6.  [383A.556] [EFFECTIVE DATE.] 
    If a majority of all the voters voting in the county at the 
election vote in favor of the proposed charter, it shall be 
adopted.  The charter shall take effect two years after the 
election.  At that time the courts shall take judicial notice of 
the new charter and upon the election or appointment of officers 
under the charter the former officials of Ramsey county shall 
deliver to them all records, money, and other public property 
under their control. 
    Sec. 7.  [LOCAL APPROVAL.] 
    This act is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the board 
of county commissioners of Ramsey county. 
    Approved May 13, 1987