15.0575 ADMINISTRATIVE BOARDS AND AGENCIES.
Subdivision 1. Procedure.
The membership terms, compensation, and removal of
members and the filling of membership vacancies of boards shall be governed by this section
whenever specifically provided by law. As used in this section, "boards" shall refer to all boards,
commissions, agencies, committees, councils, authorities and courts whose provisions are
governed by this section.
Subd. 2. Membership terms.
An appointment to an administrative board or agency must be
made in the manner provided in section
. The terms of the members shall be four years
with the terms ending on the first Monday in January. The appointing authority shall appoint
as nearly as possible one-fourth of the members to terms expiring each year. If the number of
members is not evenly divisible by four, the greater number of members, as necessary, shall be
appointed to terms expiring in the year of commencement of the governor's term and the year or
years immediately thereafter. If the number of terms which can be served by a member of a board
or agency is limited by law, a partial term must be counted for this purpose if the time served
by a member is greater than one-half of the duration of the regular term. If the membership is
composed of categories of members from occupations, industries, political subdivisions, the
public or other groupings of persons, and if the categories have two or more members each,
the appointing authority shall appoint as nearly as possible one-fourth of the members in each
category at each appointment date. Members may serve until their successors are appointed and
qualify but in no case later than July 1 in a year in which a term expires unless reappointed.
Subd. 3. Compensation.
(a) Members of the boards may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
(b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this subdivision.
Subd. 4. Removal; vacancies.
A member may be removed by the appointing authority at
any time (1) for cause, after notice and hearing, or (2) after missing three consecutive meetings.
The chair of the board shall inform the appointing authority of a member missing the three
consecutive meetings. After the second consecutive missed meeting and before the next meeting,
the secretary of the board shall notify the member in writing that the member may be removed
for missing the next meeting. In the case of a vacancy on the board, the appointing authority
shall appoint, subject to the advice and consent of the senate if the member is appointed by the
governor, a person to fill the vacancy for the remainder of the unexpired term.
Subd. 5. Membership vacancies within three months of appointment.
membership on a board becomes vacant within three months after being filled through the open
appointments process, the appointing authority may, upon notification to the office of secretary of
state, choose a new member from the applications on hand and need not repeat the process.
History: 1976 c 134 s 1; 1982 c 560 s 5; 1983 c 305 s 6; 1984 c 531 s 2; 1986 c 444; 1987 c
354 s 1; 1989 c 343 s 2; 1990 c 506 art 2 s 1; 1993 c 80 s 1; 2001 c 61 s 1; 1Sp2001 c 10 art 2 s 16