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<br /> Item No: 7A <br />Meeting Date: February 25, 2008 <br />Type of Business: EDA Business <br />Administrator Review : ___ <br />City of Mounds View Staff Report <br />To: Mounds View Economic Development Authority <br />From: James Ericson, Interim Executive Director <br />Item Title/Subject: Resolution 08-EDA-243 Approving the Election and <br />Appointment of Officers to the Authority <br /> <br />Introduction: <br /> <br />It has been brought to the Authority’s attention that various EDA officer positions have not been <br />appointed or elected. This report will identify the required officers and reference both the EDA Bylaws <br />as well as MN Statutes Section 469.096 which governs Authority appointments and their duties. <br /> <br />Discussion: <br /> <br />Past practice has been that the Mayor acts as the President of the Authority and the City <br />Clerk/Administrator serves as the Authority’s Executive Director. A Vice President is typically <br />appointed annually. MN Statutes however requires that the EDA elect a President, Vice President, <br />Treasurer, Secretary and Assistant Treasurer. The President, Treasurer and Secretary shall be <br />annual appointments. The Secretary and Assistant Treasurer need not be a Commissioner. <br /> <br />The Bylaws, adopted in 1994, identify two other officers of the Authority—the Executive <br />Director/Assistant Treasurer and a Clerk. While Statutes do not require that the Secretary be a <br />member of the board, the Bylaws do, thus the only officers not required to be a Commissioner is the <br />Executive Director/Assistant Treasurer and the Clerk. <br /> <br />The City Attorney notes that the Authority’s Bylaws are not consistent with Minnesota statutes relating <br />to the offices of the Secretary and the Treasurer. MN Statutes requires the office of the Treasurer to <br />be held by a Commissioner of the Authority while the Bylaws indicate the opposite. As to the office of <br />Secretary, MN Statutes does not require a Commissioner of the Authority to hold the office however <br />the Authority’s Bylaws do. While this is inconsistent with Statutes, it is not invalid. The Authority’s <br />Bylaws pertaining to the Treasurer’s office however is invalid and should be made consistent. <br /> <br />Recommendation: <br /> <br />Approve Resolution 08-EDA-243 Approving Election and Appointment of Officers to the Authority and <br />direct staff, if necessary, to work with the City Attorney to resolve the critical inconsistencies found in <br />the Authority’s Bylaws. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />________________________ <br />James Ericson <br />Community Development Director <br />