05-22-2008 Charter Packet - Laserfiche WebLink

Home Search

Minn. Stat. § 410.05, subd. 3. Minn. Stat. § 410.05, subd. Minn. Stat. § 410.05, subd. 1. Minn. Stat. § 410.05, subd. 2. Minn. Stat. § 410.05, subd. 2. CHAPTER 4 Having determined to make the appointments or having been directed by petition or council resolution to do so, the court listens to information from interested citizens concerning appointments. A city council, the petitioners requesting appointment of a commission or, in the case of new appointments to an existing commission, the charter commission itself, may suggest names of eligible nominees to the district court for consideration. The court, acting through the chief judge, makes the charter commission appointments by filing an order with the district court clerk. Appointments are for staggered or overlapping terms. Of the initial appointments, half the members plus one serve two-year terms, and the other half serve four-year terms. Thereafter, the chief judge appoints new members every two years and fills vacancies as they occur. After the chief judge makes the appointments, the district court clerk notifies the appointees, who have 30 days to file their written acceptances and oaths of office with the district court clerk. Charter commissions can have between seven and 15 members. The court determines the size, unless a petition of the voters or resolution of the city council specifies the size of the commission. Any city having a home rule charter may amend the charter to fix the size of the commission to be between seven and 15 members. Once appointed, a charter commission becomes a permanent body. Its membership changes from time to time, but the commission goes on indefinitely. Failure of the body to meet or to function does not end its existence. When a vacancy occurs, the chief judge has 30 days to make an appointment. If the judge fails to make an appointment, the governing body of the city may appoint the new members, unless the chief judge indicates in writing to the governing body within the 30 -day period of his or her intention to make the appointments. In this case, the judge has an additional 60 days to make the appointment. 2. Vacancies The commission may experience vacancies in various ways, as by death, inability to perform duties, resignation (including failure to file the acceptance and oath of office) or removal from the corporate limits of the city. The district court may remove members from the commission at any time by written order. The order must show the reason for removal. If any member fails to perform the prescribed duties and fails to attend four consecutive meetings of the commission without satisfactory explanation, a majority of the members may sign a request for the member's removal and the court must order the removal. The chief judge fills all vacancies by appointment for the unexpired term. The commission should always contain its full complement of members. 4-8 HANDBOOK FOR MINNESOTA CITIES