Minnesota Session Laws - 2000, Regular Session

                            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 three four 
        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.