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26 Minnesota Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagmn0032 and id is 1 raw text is: Minnesota Legal Register (Attorney General Opinions Issue) Page 1 Opinions of the Attorney General Hubert H. Humphrey, III * * **** PARKS: BOARDS: HENNEPIN COUNTY: TERMS OF MEMBERS: Terms of members appointed by county board expire on January 1. They may continue In de facto capacity until successors are selected. Minn. Stat. §§ 383B. 383B.69 (1990). Jeffrey R. Brauchle January 4, 1993 Attorney for Suburban Hennepin 330-c-3 Regional Park District Oppenheimer, Wolff & Donnelly 45 South Seventh Street, Suite 3400 Minneapolis, MN 55402 In your letter to the office of the Attorney General, you set forth substantially the following: FACTS Minn. Stat. § 383B.68 states that the board of park district commissioners shall consist of seven commissioners, five of whom are elected and two of whom are appointed by the board of commissioners of Hennepin County. On January 17, 1989, one of the two appointed park district commissioners was unanimously reappointed to serve on the Suburban Hennepin Regional Park Board. Although Minn. Stat. § 383B.69 states that the appointee was to serve until January 1, 1989, his reappointment was not made until January 17, 1989. Pursuant to Minn. Stat. § 383B.68, each appointed park district commissioner shall serve a four-year term. You then ask substantially the following: QUESTION ONE May the appointed commissioner holdover after his term expiration date until a successor is appointed and qualifies? In This Issue... Subject Op. No. Date PARKS: Boards: Hennepin County: Terms of members. 330-c 3 1/4/93 OPINION In our view, an incumbent may continue to serve as a de facto member following expiration of their term until a successor is appointed. The statutory sections for replacing commissioners of the Suburban Hennepin Re- gional Park District are found in Minn. Stat. § 383B.68 (1990) and Minn. Stat. § 383B.69 (1990). The proce- dures for replacements for appointed commisssioners are as follows: Subd. 2. Two park district commissioners shall be appointed by the board of commissioners of Hennepin County. An appointee must be a resident of the Hennepin county park reserve district in order to qualify and serve as a park district commissioner. Each park district commissioner appointed pursuant to this subdivision shall serve a four-year term. If a vacancy occurs among the commissioners appointed pursuant to this subdivision, the board of commissioners of Hennepin county shall appoint a successor. There is no express statutory. holdover provision with respect to appointed commissioners. In contrast, Minn. Stat. § 383B.68, subd. 3, which sets the proce- dures for elected commissioners includes a holdover pro- vision: Each park district commissioner elected pursuant to this subdivision shall be a resident of the district represented and shall serve for a term of four years and until a successor is elected and qualifies... It appears that, as part of a comprehensive rewriting of subdivision 2, the legislature in 1985 deleted the phrase and until a successor is appointed and qualified. See Act of June 28, 1985, 1st Spec. Sess., ch. 14, art. 722, 1985 Minn. Laws at 2470-71. 1 1 The amendment altered the subdivision as follows: Subd. 2. Three Two park district commissioners shall be appointed by the park and board of the city of Minneapolis from among its membership board of commissioners of Hennepin county. An appointee must be a resident of the Hennepin county park reserve district in order to qualify and serve as a park district commissioner. Each park district commissioner appointed pursuant to this subdivision shall serve for a four year term coinciding with his term on the park and recreation board of the city of Minneapolis, and until a successor is appointed and qualifies. If a vacancy occurs among the commissioners appointed pursuant to this subdivision, the park and recreation board of the city of Minneapolis commissioners of Hennepin county shall appoint a successor. JANUARY 1993

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