A bill for an act
relating to local government; providing for towns to adopt home rule charters;
requiring a report; amending Minnesota Statutes 2022, sections 410.015; 410.04;
410.06; 410.11; 410.12, subdivisions 1, 2, 3, 5, 7; 410.15; 410.20; 410.24; 410.30;
410.33; proposing coding for new law in Minnesota Statutes, chapter 410.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 410.015, is amended to read:
The term "statutory city" means any city which has not adopted a
home rule charter pursuant to the constitution and laws; the words "home rule charter city"
mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the
word "city" when used without further description extending the application of the term to
home rule charter cities means statutory cities only.
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The term "town" means any town that has not adopted a home rule
charter as provided in this chapter. "Home rule charter town" means a town that has adopted
a home rule charter. In any law enacted after the effective date of this section, "town" when
used without further description means a town that has not adopted a charter.
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Minnesota Statutes 2022, section 410.04, is amended to read:
Any city in the state may frame a city charter for
its own government in the manner hereinafter prescribed; provided, that in such cities having
patrol limits established by charter, such limits shall not be altered unless the charter
proposing such alteration be adopted by a three-fourths majority.
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Any town in the state may prepare and adopt a town charter as provided
in this chapter.
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(a) The chief judge of the
district court of the judicial district in which the town is located shall appoint an initial
charter commission to frame a charter if:
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(1) the district court deems it to be in the best interest of the town;
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(2) a petition signed by at least ten percent of the registered voters of the town requesting
the district court to appoint a charter commission is filed with the district court. The petition
must meet the requirements of the secretary of state, as provided in section 204B.071, and
any rules adopted to implement that section; or
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(3) a resolution adopted by the town board of supervisors requesting the district court
to appoint a charter commission is filed with the district court.
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(b) The chief judge of the district court shall appoint at least seven but not more than 15
registered voters of the town to serve as charter commissioners. If the charter commission
is appointed pursuant to a petition or resolution, the size of the commission shall be as
specified in the petition or resolution.
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(c) An adopted town home rule charter may provide for the size of the charter
commission, which shall be at least seven but not more than 15 members.
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(d) A town board of supervisors, a charter commission, or the petitioners requesting the
appointment of a charter commission may submit to the court the names of eligible nominees
which the district court may consider in making appointments to the charter commission.
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Except as otherwise provided in
the charter, no person shall be disqualified from serving on a charter commission by reason
of holding any other elective or appointive office other than judicial. The charter may provide
that members of the town board of supervisors cannot serve on the charter commission.
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(a) Each charter commission member shall serve for a term of six years
and until the member's successor is appointed and qualified. The district court appointments
for the initial charter commission shall provide for staggered terms so that approximately
one-third of the commissioners' terms expire every two years.
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(b) 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 if the appointee had resigned.
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(c) The commission shall submit to the chief judge of the district court, on or before
December 31 each year, an annual report outlining its activities and accomplishments for
the preceding calendar year. The commission shall forward a copy of the report to the clerk
of the city.
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(d) Upon the expiration of each term, the chief judge shall appoint new commission
members. If the chief judge fails to either appoint new commission members within 30 days
or provide written notice to the town board within the 30 days that the appointment will be
made within 60 days, then the town board of supervisors shall appoint new commission
members.
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(a) Vacancies in the commission shall be filled by
appointment of the chief judge for the unexpired terms.
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(b) 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 commission, the secretary of the charter commission 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.
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The charter commission, within 30 days after the initial appointment of
the commission, shall make rules, including quorum requirements, with reference to its
operations and procedures.
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The charter commission shall meet at least once during
each calendar year and, upon presentation of a petition signed by at least ten percent of the
registered voters of the town, as shown by the returns of the last general election, or upon
a resolution approved by a majority of the town board of supervisors requesting the