language to be deleted (2) new language
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
twohalf expire the first business day of January of the next odd-numbered year and twohalf 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 twohalf of the elected candidates receivingwho 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 thea 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 onea minority of the other council membermembers is chosen at the election, the term of the additional council member chosen at the election shall be four years, but if twoa majority of the other council members areis 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, twocouncil 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 fourthadditional 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 onlyone 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.