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Item No: 7C Meeting Date: Aug 25, 2008 Type of Business: EDA Business Administrator Review: ___ City of Mounds View Staff Report To: Mounds View Economic Development Authority From: James Ericson, Executive Director Item Title/Subject: Resolution 08-EDA-243 Approving the Election and Appointment of Officers to the Authority Introduction: It was been brought to the Authority’s attention that various EDA officer positions have not been appointed or elected. This report will identify the required officers and reference both the EDA Bylaws as well as MN Statutes Section 469.096 which governs Authority appointments and their duties. Background: Originally brought forward for the EDA’s consideration in February of this year, the appointments were put on hold pending review and research of other matters relating to the Bylaws which are in need of revision. The Bylaws have been preliminarily revised and will be presented for purposes of generating discussion at the September 22, 2008 EDA meeting. Discussion: Past practice has been that the Mayor serves as the President of the Authority and the Clerk - Administrator serves as the Authority’s Executive Director. A Vice President is typically appointed annually. MN Statutes however requires that the EDA elect a President, Vice President, Treasurer, Secretary and Assistant Treasurer. The President, Treasurer and Secretary shall be annual appointments. The Secretary and Assistant Treasurer need not be a Commissioner. The Bylaws, adopted in 1994, identify two other officers of the Authority—the Executive Director/Assistant Treasurer and a Clerk. While Statutes do not require that the Secretary be a member of the board, the Bylaws do, thus the only officers not required to be a Commissioner is the Executive Director/Assistant Treasurer and the Clerk. Based on the action recommended in Item 7B, the resolution that follows separates the responsibilities of the Executive Director and Assistant Treasurer for sake of consistency with the applicable MN Statutes which will need to be reflected in the revision of the EDA Bylaws. The City Attorney notes that the Bylaws are not consistent with Minnesota statutes relating to the offices of the Secretary and the Treasurer. MN Statutes requires the office of the Treasurer to be held by a Commissioner of the Authority while the Bylaws indicate the opposite. As to the office of Secretary, MN Statutes does not require a Commissioner of the Authority to hold the office however the Authority’s Bylaws do. W hile this is inconsistent with Statutes, it is not otherwise invalid. The Authority’s Bylaws pertaining to the Treasurer’s office however is contrary to law and should be made consistent. As noted above, the Bylaws will be presented for discussion at the September 22, 2008 meeting of the Authority.