Minnesota Legislature
HF 2549
as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:10pm
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A bill for an act
relating to elections; authorizing recall elections for school board members;
modifying procedures for filling a vacancy in school board office; amending
Minnesota Statutes 2014, sections 123B.09, by adding a subdivision; 351.14,
by adding a subdivision; 351.15; 351.16, subdivisions 1, 2; 351.18; 351.19,
subdivision 4; 351.20; 351.21; 351.22, subdivisions 1, 2; repealing Minnesota
Statutes 2014, section 123B.09, subdivision 9; Minnesota Statutes 2015
Supplement, section 123B.095.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 123B.09, is amended by adding a
subdivision to read:
new text begin Subd. 5b. new text end
new text begin School board vacancy appointment; public hearing. new text end
new text begin
(a) Any vacancy
in a board must be filled by board appointment at a regular or special meeting. Before
making an appointment to fill a vacancy under subdivision 3, the school board must
hold a public hearing not more than 30 days after the vacancy occurs with public notice
given in the same manner as for a special meeting of the school board. At the public
hearing, the board must invite public testimony from persons residing in the district in
which the vacancy occurs relating to the qualifications of prospective appointees to fill the
vacancy. Before making an appointment, the board must also notify public officials in the
school district of the appointment, including county commissioners, town supervisors,
and city council members, and must enter into the record at the board meeting in which
the appointment is made the names and addresses of the public officials notified. The
appointment shall be evidenced by a resolution entered in the minutes and shall continue
until an election is held under this subdivision.
new text end
new text begin
(b) The appointed person shall serve until the qualification of the successor elected to
fill the unexpired part of the term. All elections to fill vacancies shall be for the unexpired
term. If the vacancy occurs before the first day to file affidavits of candidacy for the next
school district general election and more than two years remain in the unexpired term, a
special election shall be held in conjunction with the school district general election. If
the vacancy occurs within 30 days before the first day to file affidavits of candidacy for
the school district general election, no appointment shall be made, and the appropriate
election shall be held at the next school district general election. If the vacancy occurs
when less than two years remain in the unexpired term, the appointed person shall serve
the remainder of the unexpired term and until a successor is elected and qualifies at the
school district election.
new text end
Sec. 2.
Minnesota Statutes 2014, section 351.14, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Filing official. new text end
new text begin
"Filing official" means:
new text end
new text begin
(1) the county auditor for county offices; or
new text end
new text begin
(2) the school district clerk for school board members.
new text end
Sec. 3.
Minnesota Statutes 2014, section 351.15, is amended to read:
351.15 REMOVAL OF ELECTED deleted text begin COUNTYdeleted text end new text begin LOCALnew text end OFFICIAL.
An elected countynew text begin or school boardnew text end official may be removed from office in accordance
with the procedures established in sections 351.14 to 351.23.
Sec. 4.
Minnesota Statutes 2014, section 351.16, subdivision 1, is amended to read:
Subdivision 1.
Form of petition.
Any registered voter may petition the deleted text begin county
auditordeleted text end new text begin filing officialnew text end requesting a removal election and setting forth facts which allege
with specificity that an elected county official committed malfeasance or nonfeasance in
the performance of official duties during the current or any previous term in the office
held by the deleted text begin elected countydeleted text end official, except that a petition may not be submitted during the
180 days immediately preceding a general election for the office which is held by the
deleted text begin countydeleted text end official named in the petition. The petitioner must attach to the petition documents
which contain the signatures of supporters who are registered voters totaling at least 25
percent of the number of persons who voted in the preceding election for the office which
is held by the deleted text begin county deleted text end official named in the petition. Each page on which signatures are
included must clearly identify the purpose of the petition.new text begin In a removal election involving
a countywide office, new text end the registered voters must be residents of the county deleted text begin or,deleted text end new text begin .new text end In a removal
election involving a county commissioner,new text begin the registered voters must be residentsnew text end of the
commissioner district which elected the named county commissioner.new text begin In a removal election
involving a school board member, the registered voters must be residents of the school
district. new text end The signatures of supporters must be on forms provided by the county auditor.
Sec. 5.
Minnesota Statutes 2014, section 351.16, subdivision 2, is amended to read:
Subd. 2.
deleted text begin County auditor'sdeleted text end new text begin Filing official'snew text end duties.
The deleted text begin county auditordeleted text end new text begin filing official
new text end shall examine the petition to determine whether it contains the requisite number of valid
signatures of registered voters. If so, the deleted text begin county auditordeleted text end new text begin filing officialnew text end shall forward the
petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt
of the petition. If the deleted text begin county auditordeleted text end new text begin filing officialnew text end determines that the petition does not
include the requisite number of signatures, the deleted text begin county auditordeleted text end new text begin filing officialnew text end shall deny the
petition within 15 days of receipt of the petition.
Sec. 6.
Minnesota Statutes 2014, section 351.18, is amended to read:
351.18 WAIVER.
An elected deleted text begin countydeleted text end official who is the subject of a petition under section 351.16 may
waive in writing the right to a public hearing. If the hearing is waived, the case must be
certified by order of the chief justice to the deleted text begin county auditordeleted text end new text begin filing officialnew text end for a removal
election to be held within 30 days of the receipt of the order.
Sec. 7.
Minnesota Statutes 2014, section 351.19, subdivision 4, is amended to read:
Subd. 4.
Legal counsel.
new text begin (a) In a removal election involving a county official, new text end the
petitioners and the elected county official shall be represented by legal counsel at their
own expense, and shall pay their costs associated with the hearing except that the county
may assume the legal costs incurred by the elected county official. The county shall
pay all other costs of the hearing.
new text begin
(b) In a removal election involving a school board member, the petitioners and the
school board member shall be represented by legal counsel at their own expense and shall
pay their costs associated with the hearing except that the school district may assume the
legal costs incurred by the school board member. The school district shall pay all other
costs of the hearing.
new text end
Sec. 8.
Minnesota Statutes 2014, section 351.20, is amended to read:
351.20 DECISION; CERTIFICATION.
If the special master determines that the deleted text begin elected countydeleted text end official committed
malfeasance or nonfeasance in the performance of official duties, the case must be certified
to the deleted text begin county auditordeleted text end new text begin filing officialnew text end for a removal election on a date to be fixed by the
deleted text begin county auditordeleted text end new text begin filing official new text end and held within 30 days of the order of the special master.
Sec. 9.
Minnesota Statutes 2014, section 351.21, is amended to read:
351.21 APPEAL.
An deleted text begin elected countydeleted text end official may appeal the decision of a special master under section
351.20 to the Supreme Court within ten days. The removal election is stayed until 20
days after the Supreme Court issues a decision on the appeal. The Supreme Court shall
grant an expedited appeal.
Sec. 10.
Minnesota Statutes 2014, section 351.22, subdivision 1, is amended to read:
Subdivision 1.
Majority vote; form of question.
new text begin (a) new text end An deleted text begin elected countydeleted text end official
may be removed pursuant to sections 351.14 to 351.23 by majority vote. deleted text begin Thedeleted text end new text begin Anew text end removal
electionnew text begin for a county officialnew text end is a special election conducted under applicable provisions
of section 375.20. new text begin A removal election for a school board official is a special election
conducted under applicable provisions of chapter 205A.
new text end
new text begin (b) new text end The question submitted to the voters must be:
"Should .................................................. (Name) elected (appointed) to the office of
.............................................. (title) be removed from that office?
|
Yes
. |
||
|
No
. |
" |
Any resulting vacancy must be filled as provided by law.
Sec. 11.
Minnesota Statutes 2014, section 351.22, subdivision 2, is amended to read:
Subd. 2.
Disqualification.
A removed deleted text begin countydeleted text end official may not thereafter hold the
same office for the remainder of the term to which the official was elected.
Sec. 12. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2014, section 123B.09, subdivision 9,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2015 Supplement, section 123B.095,
new text end
new text begin
is repealed.
new text end
Sec. 13. new text begin EFFECTIVE DATE; APPLICABILITY.
new text end
new text begin
This act is effective the day following final enactment. Provisions related to removal
of a school board member apply to incumbent officials and officials elected or appointed
on or after that date. Provisions related to filling school board vacancies apply to vacancies
occurring on or after that date.
new text end