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<br />FROM LARKIN HOFFMAN DALY LINDGREN 612-8963265 <br /> <br />01.27.1995 11120 <br /> <br />P. 3 <br /> <br />Council intended the adoption of this policy to prevent <br />appbintment of a Council member to any board or commission. <br /> <br />~ In addition, the policy was adopted by mption, not by ordinance <br />or even by formal resolution. Council policies can be amended, <br />revised or interpreted by the City Counc~l at any time. There is <br />no formal process for revision or interpretation of Council <br />policies. The Council's action in approving the mayoral <br />appointment of a Council member to the HRA amounts to an <br />interpretation or amendment of the existing policy and is within <br />the Council's authority. <br /> <br />Finally, Minnesota Statutes Section 469.003, Subd. 6 provides, <br />with respect to the appointment of HRA commissioners, in part, as <br />follows: liThe commissioners shall be appointed by the mayor, <br />with the approval of the governing body.1I Therefore, state law <br />places the obligation for appointment of HRA commissioners upon <br />the Mayor. There are no restrictions on how the Mayor fulfills <br />this obligation. The Mayor is free to follow the Council's <br />policy with respect to board and commission appointments. On the <br />other hand, the Mayor is also free to appoint any qualified <br />person he selects and submit that person to the Council for <br />app.roval . <br /> <br />In conclusion, my opinion is that the current Council policy with <br />respect to Board and Commission appointments does not prevent the <br />Council from appointing a Councilmember to a board or commission, <br />whether or not the Councilmember has applied or been formally <br />interviewed. With respect to HRA appointments, the obligation to <br />make that appointment is placed upon the Mayor, who is not <br />obligated to follow the Council's policy with respect to <br />appointments which state law directs that the Mayor make. <br /> <br />e <br /> <br />Please let me know if you have any questions or would like any <br />further analysis of this issue. <br /> <br />Attachments <br /> <br />e <br /> <br />PKB:J09s <br />