Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 30-H.F.No. 508 
           An act relating to local government; permitting 
          statutory cities to have seven member councils; 
          amending Minnesota Statutes 1988, sections 412.02, 
          subdivision 1, and by adding a subdivision; 412.021, 
          subdivision 2; 412.191, subdivisions 1 and 2; 412.541, 
          subdivision 4; 412.571, subdivisions 1 and 4; 412.581; 
          and 412.631. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 412.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OFFICERS ELECTED.] The following officers 
shall be elected for the terms and in the years shown and in the 
cities described in the table. 
 
          Number of                                      
           Years in                       City               
Officer     Term      Year Elected        Elected            
Mayor        Two      Every two years     Every statutory    
           or four    except where        city               
                      four years is                        
                      otherwise provided                   
                      pursuant to statute                  
Clerk       Four      Every four years    Every statutory    
                      in year when        standard plan city 
                      treasurer is not    in which there is  
                      elected             no clerk-treasurer 
Treasurer    Four     Every four years    Every statutory    
                      in year in which    standard plan city 
                      clerk is not        in which there is  
                      elected             no clerk-treasurer 
Clerk-       Four     Every four years    Every statutory    
Treasurer             in year in which    standard plan city 
                      one council         where such office  
                      member is           exists pursuant to 
                      elected             subdivision 3      
Three        Four     Two every four      Every statutory    
Council               years and one in    standard plan city 
members               alternative         with a council of  
                      election            five               
Four         Four     Two each            Every statutory    
Council               election            optional plan city 
members                                   with a council of
                                          five
Five         Four     Three every four    Every statutory
Council               years and two in    standard plan city
members               alternative         with a council
                      election            of seven
Six          Four     Three each          Every statutory
Council               election            optional plan city
members                                   with a council 
                                          of seven
    Sec. 2.  Minnesota Statutes 1988, section 412.02, is 
amended by adding a subdivision to read: 
    Subd. 6.  The council may by ordinance adopted at least 60 
days before the next regular city election submit to the voters 
of the city the question of whether the city council should be 
increased or reduced to seven or five members.  The ordinance 
shall include a schedule of elections and terms to accomplish 
the change.  The proposal shall be voted on at the next city 
general election and, if approved by a majority of those voting 
on the question, go into effect in accordance with the schedule. 
    Sec. 3.  Minnesota Statutes 1988, section 412.021, 
subdivision 2, is amended to read: 
    Subd. 2.  [OFFICERS TO BE ELECTED.] There shall be elected 
at the election a mayor for a term expiring the first business 
day of January of the next odd-numbered year and four or six 
council members, for terms so arranged that two half expire the 
first business day of January of the next odd-numbered year and 
two half the first business day of January of the second 
odd-numbered year.  No candidate for council member shall run 
for a particular term but the number of years in the term of 
each successful candidate shall be determined by the relative 
standing among the candidates for office, the longest terms 
going to the two half of the elected candidates receiving who 
received the highest number of votes.  If the election occurs in 
the last four months of the even-numbered year, no election 
shall be held in the city on the annual city election day that 
year, and the next following year shall be disregarded in fixing 
the expiration of terms of officers chosen under this 
subdivision at the initial election. 
    Sec. 4.  Minnesota Statutes 1988, section 412.191, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPOSITION OF CITY COUNCIL.] The city 
council in a standard plan city shall consist of the mayor, the 
clerk, and the three or five council members.  In optional plan 
cities, except those cities having a larger council under 
section 412.023, subdivision 4, the council shall consist of the 
mayor and the four council members.  A majority of all the 
members shall constitute a quorum although a smaller number may 
adjourn from time to time. 
    Sec. 5.  Minnesota Statutes 1988, section 412.191, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEETINGS OF THE COUNCIL.] Regular meetings of 
the council shall be held at such times and places as may be 
prescribed by its rules.  Special meetings may be called by the 
mayor or by any two members of the a five member council or 
three members of a seven member council by writing filed with 
the clerk who shall then mail a notice to all the members of the 
time and place of meeting at least one day before the meeting.  
The mayor or, in the mayor's absence, the acting mayor, shall 
preside. All meetings of the council shall be open to the 
public.  The council may preserve order at its meetings, compel 
the attendance of members, and punish nonattendance and shall be 
the judge of the election and qualification of its members.  The 
council shall have power to regulate its own procedure. 
    Sec. 6.  Minnesota Statutes 1988, section 412.541, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADOPTION OR ABANDONMENT; STANDARD FORM.] Any one 
of such plans may be adopted or abandoned in a city by following 
the procedures set forth in section 412.551.  Until the adoption 
of an optional plan, and except as provided in section 412.572, 
every city shall operate under the standard form of government 
earlier provided in this chapter under which the voters elect 
the treasurer, if there is one, and a council consisting of a 
mayor, three or five council members, and the clerk or 
clerk-treasurer.  
    Sec. 7.  Minnesota Statutes 1988, section 412.571, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPOSITION OF COUNCIL.] When an optional 
plan is first adopted in any statutory city in which the 
standard plan of statutory city government is then in operation, 
the council shall continue as then constituted until the 
expiration of the term of the incumbent clerk.  At the city 
election preceding expiration of the term of the incumbent 
clerk, one council member shall be elected in addition to the 
council member or council members who would otherwise be chosen 
at the election.  If one a minority of the other council member 
members is chosen at the election, the term of the additional 
council member chosen at the election shall be four years, but 
if two a majority of the other council members are is chosen at 
the election, the initial term of the additional council member 
chosen at the election shall be two years.  At each regular 
election thereafter, two council members shall be elected for 
four-year terms.  If the optional plan is adopted at the regular 
city election at which the office of clerk is to be filled, the 
candidate elected to that office at the election shall not 
assume the office of clerk in January, but shall become 
the fourth additional council member unless appointed clerk 
under the optional plan, in which case the unfilled office of 
council member shall be considered vacant. 
    Sec. 8.  Minnesota Statutes 1988, section 412.571, 
subdivision 4, is amended to read: 
    Subd. 4.  [ABANDONMENT; INCUMBENT COUNCIL MEMBERS 
CONTINUE.] When any optional plan is abandoned and the standard 
form of city government is resumed, terms of then incumbent 
council members shall not be affected by the abandonment; but 
until the first business day of January following the next 
regular city election, the clerk shall not serve as a member of 
the council.  At the city election preceding that date only one 
council member less shall be elected. 
    Sec. 9.  Minnesota Statutes 1988, section 412.581, is 
amended to read: 
    412.581 [OPTIONAL PLAN A; OFFICERS.] 
    In any city operating under Optional Plan A except a city 
having a larger council under section 412.023, subdivision 4, 
the council shall be composed of five or seven members 
consisting, except during the initial period of its operation as 
provided in section 412.571, of the mayor and four or six 
council members and, except as provided in that section, the 
clerk and treasurer or clerk-treasurer shall be appointed by the 
council for indefinite terms.  
    Sec. 10.  Minnesota Statutes 1988, section 412.631, is 
amended to read: 
    412.631 [COMPOSITION OF COUNCIL.] 
    In any city operating under Optional Plan B, the council 
shall, except as provided in sections 412.023, subdivision 4, 
and 412.571, be composed of a mayor and four or six council 
members. 
    Presented to the governor April 12, 1989 
    Signed by the governor April 13, 1989, 5:56 p.m.