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Minnesota Legislature

Office of the Revisor of Statutes

473.129 POWERS OF METROPOLITAN COUNCIL.
    Subdivision 1. General powers. The Metropolitan Council shall have and exercise all
powers which may be necessary or convenient to enable it to perform and carry out the duties and
responsibilities now existing or which may hereafter be imposed upon it by law. Such powers
include the specific powers enumerated in this section.
    Subd. 2. Employees. The Metropolitan Council shall prescribe all terms and conditions
for the employment of its employees including, but not limited to, adopting a compensation
and classification plan for its employees. Employees of the Metropolitan Council are public
employees and are members of the Minnesota State Retirement System. Those employed by a
predecessor of the Metropolitan Council and transferred to it may at their option become members
of the Minnesota State Retirement System or may continue as members of the public retirement
association to which they belonged as employees of the predecessor of the Metropolitan
Council. The Metropolitan Council shall make the employer's contributions to pension funds of
its employees.
    Subd. 3. Consulting contracts. The Metropolitan Council may contract for the services of
consultants who perform engineering, legal, or services of a professional nature. Such contracts
shall not be subject to the requirements of any law relating to public bidding.
    Subd. 4. Gifts and appropriations. The Metropolitan Council may accept gifts, apply for
and use grants or loans of money or other property from the United States, the state, or any person
for any Metropolitan Council purpose and may enter into agreements required in connection
therewith and may hold, use, and dispose of such moneys or property in accordance with the
terms of the gift, grant, loan, or agreement relating thereto.
    Subd. 5. Local governmental participation. The Metropolitan Council may (1) participate
as a party in any proceedings originating under chapter 414, if the proceedings involve the change
in a boundary of a governmental unit in the metropolitan area, and (2) conduct studies of the
feasibility of annexing, enlarging, or consolidating units in the metropolitan area.
    Subd. 6. On metro agencies. (a) The Metropolitan Council shall appoint from its
membership a member to serve with each metropolitan agency. Each member of the Metropolitan
Council so appointed on each of such agencies shall serve without a vote.
(b) The Metropolitan Council shall also appoint individuals to the governing body of the
cable communications metropolitan interconnected regional channel entity under section 238.43,
subdivision 5
.
    Subd. 7. Property. The council may acquire, own, hold, use, improve, operate, maintain,
lease, exchange, transfer, sell, or otherwise dispose of personal or real property, franchises,
easements, or property rights or interests of any kind.
    Subd. 8. Insurance. The council may provide for self-insurance or otherwise provide for
insurance relating to any of its property, rights, or revenue, workers' compensation, public
liability, or any other risk or hazard arising from its activities, and may provide for insuring
any of its officers or employees against the risk or hazard at the expense of the council. If the
council provides for self-insurance, against its liability and the liability of its officers, employees,
and agents for damages resulting from its torts and those of its officers, employees, and agents,
including its obligation to pay basic economic loss benefits under sections 65B.41 to 65B.71,
it shall be entitled to deduct from damages and basic economic loss benefits all money paid or
payable to the persons seeking damages and benefits from all governmental entities providing
medical, hospital, and disability benefits except for payments made under the Minnesota family
investment program or medical assistance program.
    Subd. 9. Investigations. When necessary and proper to the performance of its duties, the
council may enter in a reasonable manner upon any premises for the purpose of making any
reasonably necessary or proper investigations and examinations. The entry is not a trespass.
The council is liable for any actual and consequential loss, injury, or damage from the entry.
When necessary and proper to the performance of its duties, the council or its authorized agents
may require the production of accounts, books, records, memoranda, correspondence, and
other documents and papers of a person receiving financial assistance from the council, may
inspect and copy them, and may have access to and may inspect the lands, buildings, facilities,
or equipment of the person.
    Subd. 10. Employee health and wellness. The council may provide a program for health
and wellness services for council employees and provide necessary staff, funds, equipment, and
facilities.
    Subd. 11. External use of existing service capacity. For purposes of this subdivision,
"service capacity" means an existing service or operation carried out by the council as authorized
by law, or existing council real or personal property, for which the council on a temporary basis has
capacity available for use outside the council. Notwithstanding other law, the council may enter
into arrangements to provide service capacity to other governmental entities or the private sector
on the terms and conditions it considers appropriate. In providing service capacity, the council:
(1) may not commit to providing the service capacity for a period in excess of five years; and
(2) must receive compensation for providing the service capacity in at least an amount
sufficient to recover the actual costs of providing the service capacity including, but not limited to,
the costs of materials and supplies, employee salaries and benefits, and administrative overhead.
History: 1975 c 13 s 6; 1975 c 271 s 6; 1985 c 285 s 48; 1986 c 444; 1994 c 628 art 3 s 39;
1997 c 72 s 1; 1999 c 159 s 132; 2002 c 320 s 1; 2003 c 2 art 5 s 11