language to be deleted (2) new language
CHAPTER 329-H.F.No. 3169 An act relating to Dakota county; making or authorizing organizational, procedural, and authority changes to certain county boards, agencies, and authorities; amending Minnesota Statutes 1998, sections 383D.30, subdivision 1; 383D.31; and 383D.41, subdivision 5, and by adding a subdivision; Minnesota Statutes 1999 Supplement, section 383D.41, subdivision 7. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1998, section 383D.30, subdivision 1, is amended to read: Subdivision 1. The county board shall appoint
threefour persons to serve staggered terms as members of a personnel board of appeals. After the first appointments, successors shall serve for terms of three years each. Expiration dates for expiring terms shall be fixed by the county board and vacancies shall be filled by a majority vote of the county board for the unexpired term. Persons appointed to the personnel board of appeals shall not serve while holding any county office, while standing as a candidate for any county office, or while employed by the county. Each member shall be a resident of the county and shall forfeit office on becoming a nonresident. Sec. 2. Minnesota Statutes 1998, section 383D.31, is amended to read: 383D.31 [DUTIES OF BOARD OF APPEALS.] Subdivision 1. [JURISDICTION.] A panel of three members of the personnel board of appeals shall meet upon call of its chair or the employee relations director to make findings and report to the county board within 60 days of the filing of an appeal by an applicant, employee, or appointing authority, unless the time is extended with the consent of the party filing the appeal, in the following circumstances: (a) Alleged arbitrary or capricious action by the county board with respect to final establishment of rules under sections 383D.21 to 383D.35. (b) Alleged discrimination by the employee relations director or the director's employees in examination procedures or preparation of lists of eligible candidates, or discriminatory use of them by the appointing authority under sections 383D.21 to 383D.35 or rules promulgated under them. (c) Alleged misinterpretation or evasion by the director or the county board of a provision of sections 383D.21 to 383D.35 or the rules promulgated under them in a manner seriously detrimental to the party bringing the appeal. (d) Other matters of grievance as provided for in rules promulgated under sections 383D.21 to 383D.35. Subd. 2. [PROCEDURES.] The personnel board of appeals shall establish procedures for appeals to the board. The procedures shall provide that its chair appoint the members of each panel convened pursuant to subdivision 1. Subd. 3. [APPEAL FINDINGS.] Findings and reports of the personnel board of appeals shall be submitted to the county board for consideration and action as deemed appropriate by the county board, but, to the extent required for employees of departments and agencies paid in full or in part by federal funds, the findings of the personnel board of appeals shall be final and binding if necessary to conform to a federal or state regulation affecting the department or position. Sec. 3. Minnesota Statutes 1998, section 383D.41, subdivision 5, is amended to read: Subd. 5. The authority shall consist of seven commissioners who, except as otherwise provided in this subdivision, shall serve three-year terms, which shall begin on the first Tuesday following the first Monday in January of the first year of the term. A commissioner shall also serve after the expiration of a term until a successor is appointed and qualified. The terms of office of persons who are commissioners of the housing and redevelopment authority on July 20, 1993, shall continue in accordance with the terms of their appointments, except that their appointments shall end on the first Tuesday following the first Monday in January of the year following the original termination date of their terms. Following July 20, 1993, two commissioners shall be appointed who shall reside in the fourth and sixth county commissioner districts, respectively. Those commissioners shall be appointed for a term commencing on the date of their appointment and ending on the first Tuesday following the first Monday in January 1996. Each commissioner appointed following the date on which this subdivision takes effect shall be a resident of and shall represent the same county commissioner district as the commissioner who is replaced. A commissioner who ceases to maintain a principal residence in the district from which appointed shall cease to serve as a commissioner. A vacancy is created in the membership of the authority for a county commissioner district whenever the county commissioner for that district ends county board membership. Sec. 4. Minnesota Statutes 1999 Supplement, section 383D.41, subdivision 7, is amended to read: Subd. 7. [DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY.] (a) After December 31, 1999, the Dakota county housing and redevelopment authority shall be known as the Dakota county community development agency. In addition to the other powers granted in this section, the Dakota county community development agency shall have the powers of an economic development authority under sections 469.090 to 469.1081 that are granted to the agency by resolution adopted by the Dakota county board of commissioners, except as provided in paragraph (b). The enabling resolution may impose the limits upon the actions of the agency that are listed in paragraph (c). The agency may exercise any of the powers granted to it under sections 469.001 to 469.047 and any of the powers of an economic development authority granted to it by the Dakota county board of commissioners for the purposes described in these sections. (b) The Dakota county community development agency may not levy the tax described in section 469.107, but with the approval of the Dakota county board may increase its levy of the special tax described in section 469.033, subdivision 6, to an amount not exceeding 0.01813 percent of net tax capacity, or any higher limit authorized under section 469.107 or 469.033, subdivision 6. (c) The enabling resolution may impose the limits upon the actions of the authority as may be imposed by a municipality under section 469.092, except that the resolution adopted under paragraph (a) may not impose any limitations on the authority's exercise of its powers under sections 469.001 to 469.047. Sec. 5. Minnesota Statutes 1998, section 383D.41, is amended by adding a subdivision to read: Subd. 9. [DECLARING RESOLUTION.] On or before December 31, 2000, the county board may make a one-time election to adopt a resolution declaring vacant the entire membership of the authority and appoint new members to fill the vacancies. A member appointed under this paragraph shall serve until the end of the term to which the member is appointed. Sec. 6. [EFFECTIVE DATE; LOCAL APPROVAL.] Sections 1 to 5 are effective the day after the governing body of Dakota county and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. Presented to the governor March 31, 2000 Signed by the governor April 4, 2000, 3:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes