2018 Minnesota Statutes

410.05 CHARTER Next Previous COMMISSION Next .

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 Previous charter Next Previous commission Next to frame and amend a Previous charter Next . 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 Previous charter Next Previous commission Next . The Previous commission Next 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 Previous commission Next shall be determined within the above limits by the court, except that where the Previous commission Next is appointed pursuant to a petition of the voters or resolution of the governing body of the city, the size of the Previous commission Next shall be as specified in such petition or resolution. Any city may by Previous charter Next provision fix the size of the Previous charter Next Previous commission Next at a figure which shall not be less than seven nor more than 15 members, and such Previous charter Next provision shall prevail over any inconsistent provisions of this subdivision. Except as otherwise provided in the Previous charter Next , no person shall be disqualified from serving on a Previous charter Next Previous commission Next by reason of holding any other elective or appointive office other than judicial. The Previous charter Next may provide that members of the governing body of the city cannot serve on the Previous charter Next Previous commission Next .

Subd. 2. Previous Commission Next members; terms, vacancies.

Previous Charter Next Previous commission Next 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. Vacancies in the Previous commission Next 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 Previous commission Next members. If the chief judge fails to appoint new Previous commission Next members within 30 days then thereafter the governing body of the city shall, appoint new Previous commission Next 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 Previous charter Next Previous commission Next , within 30 days after the initial appointment of the Previous commission Next , shall make rules, including quorum requirements, with reference to its operations and procedures. The Previous commission Next 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 Previous commission Next 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 Previous commission Next , the secretary of the Previous charter Next Previous commission Next 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.

Subd. 3. Previous Commission Next appointments; nominees.

A city council, a Previous charter Next Previous commission Next , or the petitioners requesting the appointment of a Previous charter Next Previous commission Next may submit to the court the names of eligible nominees which the district court may consider in making appointments to the Previous charter Next Previous commission Next .

Subd. 4. Previous Commission Next meetings.

The Previous charter Next Previous commission Next shall meet at least once during each calendar year, and upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the Previous commission Next to convene, the Previous commission Next shall meet to consider the proposals set forth in such petition or resolution.

Subd. 5.Discharge.

(a) A Previous charter Next Previous commission Next in a statutory city may be discharged as follows:

(1) if the Previous charter Next Previous commission Next of a statutory city determines that a Previous charter Next is not necessary or desirable, the Previous commission Next may be discharged by a vote of three-fourths of its members; or

(2) if a petition signed by registered voters equal in number to at least five percent of the registered voters in the city requesting a referendum to discharge the Previous charter Next Previous commission Next is filed with the city clerk, an election must be held on the issue at a general election or a special election pursuant to section 205.10. If a majority of the votes cast support the referendum, the Previous charter Next Previous commission Next shall be discharged.

(b) Another Previous commission may not be formed sooner than one year from the date of discharge.

History:

(1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44 s 20; 1979 c 330 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 51 s 1; 2004 c 197 s 1,2; 2008 c 331 s 6