Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 197-H.F.No. 1392 
                  An act relating to cities; allowing the charter to 
                  prohibit members of the governing body of the city 
                  from serving on the charter commission; removing the 
                  term limitation for commission members; amending 
                  Minnesota Statutes 2002, section 410.05, subdivisions 
                  1, 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 410.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPOINTMENT.] When the district court of 
        the judicial district in which a city is situated, deems it for 
        the best interest of the city so to do, the court, acting 
        through its chief judge, may appoint a charter commission to 
        frame and amend a charter.  Upon presentation of a petition 
        requesting such action, signed by at least ten percent of the 
        number of voters of the city, as shown by the returns of the 
        last regular city election, or upon resolution of the governing 
        body of the city requesting such action, the court shall appoint 
        a charter commission.  The commission shall be composed of not 
        less than seven nor more than 15 members, each of whom shall be 
        a qualified voter of the city.  The size of the commission shall 
        be determined within the above limits by the court, except that 
        where the commission is appointed pursuant to a petition of the 
        voters or resolution of the governing body of the city, the size 
        of the commission shall be as specified in such petition or 
        resolution.  Any city may by charter provision fix the size of 
        the charter commission at a figure which shall not be less than 
        seven nor more than 15 members, and such charter provision shall 
        prevail over any inconsistent provisions of this subdivision.  
        Except as otherwise provided in the charter, no person shall be 
        disqualified from serving on a charter commission by reason of 
        holding any other elective or appointive office other than 
        judicial.  The charter may provide that members of the governing 
        body of the city cannot serve on the charter commission. 
           Sec. 2.  Minnesota Statutes 2002, section 410.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMMISSION MEMBERS; TERMS, VACANCIES.] Charter 
        commission members shall hold office for the term of four years, 
        and until their successors are appointed and qualify, except 
        that of members initially appointed after July 1, 1967, eight 
        shall be appointed for two year terms and seven for four year 
        terms.  No person may be appointed to more than two successive 
        terms as a commission member.  Vacancies in the commission shall 
        be filled by appointment of the chief judge for the unexpired 
        terms.  Upon the expiration of each term, the chief judge shall 
        appoint new commission members.  If the chief judge fails to 
        appoint new commission members within 30 days then thereafter 
        the governing body of the city shall, appoint new commission 
        members, unless within the 30 day period the chief judge 
        indicates in writing to the governing body an intention to 
        appoint new members, in which case the chief judge shall have an 
        additional 60 days within which to make the appointment.  
        Appointments shall be made by order filed with the court 
        administrator of the district court.  An appointee who neglects 
        to file with the court administrator within 30 days a written 
        acceptance and oath of office shall be deemed to have declined 
        the appointment and the place shall be filled as though the 
        appointee had resigned.  The charter commission, within 30 days 
        after the initial appointment of the commission, shall make 
        rules, including quorum requirements, with reference to its 
        operations and procedures.  The commission shall submit to the 
        chief judge of the district court, on or before December 31 of 
        each year, an annual report outlining its activities and 
        accomplishments for the preceding calendar year.  The commission 
        shall forward a copy of the report to the clerk of the city.  
        Any member may be removed at any time from office, by written 
        order of the district court, the reason for such removal being 
        stated in the order.  When any member has failed to perform the 
        duties of office and has failed to attend four consecutive 
        meetings without being excused by the commission, the secretary 
        of the charter commission shall file a certificate with the 
        court setting forth those facts and the district court shall 
        thereupon make its order of removal and the chief judge shall 
        fill the vacancy created thereby. 
           Presented to the governor May 13, 2004 
           Signed by the governor May 15, 2004, 11:05 p.m.