10.07.19 Correspondence Regarding Commission TermsChrissy Serres
From:
Anne Norris
Sent:
Monday, October 7, 2019 1:05 PM
To:
Troy Gilchrist
Cc:
Chrissy Serres
Subject:
RE: Charter Commission Terms (CR225-327
Interesting. Chrissy stays on top of the appointments to be sure the judge responds (since I'm pretty sure this isn't the
top priority of her work load). With this latest round of appointments, I probably should have been communicating with
the judge since Chrissy was out on leave. Lesson learned. And I'd really prefer the Council not to get involved since this
is a separate body. My editorial comment only.
From: Gilchrist, Troy J. <TGilchrist@Kennedy-Graven.com>
Sent: Monday, October 7, 2019 1:00 PM
To: Anne Norris <Anne.Norris@crystalmn.gov>
Cc: Chrissy Serres <Chrissy.Serres@crystalmn.gov>
Subject: Charter Commission Terms (CR225-327
Hello Anne,
The Chair of the Charter Commission asked me to confirm my impression that a commission member continues to serve
until the person's successor is appointed and qualifies as is the case with other public offices. The concern being raised
is that the chief judge's appointments did not come through until several months after the term of the current members
expired.
Under Minn. Stat. 410.05, subd. 2, "Charter commission members shall hold office for the term of four years, and until
their successors are appointed and qualify ...." This language is common and means the current member remains in
office with the right to exercise the powers as a commission member until a new member is appointed and takes and
files the oath.
However, the statute does provide a timeline for making appointments that we should monitor in the future and would
impact the commission if there is another long delay in the judge making the appointments:
Subd. 2.Commission members; terms, vacancies. Charter commission 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 commission 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 commission members. If the chief judge fails to
appoint new commission members within 30 days then thereafter the governing body of the city shall, appoint
new commission 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 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.
I do not know if the judge sent an extension letter, but if not the council had the authority to make the appointments
after 30 days. Under the language quoted above, the current members had the authority to act on behalf of the
commission during the 30 day period (or 90 day period if the judge extended it), but thereafter the council acts to make
the appointments if needed. In this case, no commission business came up during the period so the issue was rendered
moot. However, moving forward we should keep an eye on this appointment timeline.
Please let me know if there are any questions.
Troy J. Gilchrist I Attorney at Law
Kennedy & Graven, Chartered
Direct: 612.337.9214
tailchristCcDkennedy-graven. com
Minneapolis Office
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Toll Free: 1.800.788.8201
Phone: 612.337.9300
Fax: 612.337.9310
St. Cloud Office
501 West St. Germain Street
Suite 304
St. Cloud, MN 56301
Phone: 320.240.8200
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