ITEM 1_attachment 3 (2)Exhibit G
New Joint Powers Subdivision
471.59 JOINT EXERCISE OF POWERS.
Subdivision 1. Agreement. Two or more governmental units, by agreement
entered into through action of their governing bodies, may jointly or cooperatively
exercise any power common to the contracting parties or any similar powers, including
those which are the same except for the territorial limits within which they may be
exercised. The agreement may provide for the exercise of such powers by one or more of
the participating governmental units on behalf of the other participating units. The term
"governmental unit" as used in this section includes every city, county, town, school
district, independent nonprofit firefighting corporation, other political subdivision of this
or another state, another state, federally recognized Indian tribe, the University of
Minnesota, the Minnesota Historical Society, nonprofit hospitals licensed under sections
144.50 to 144.56, rehabilitation facilities and extended employment providers that are
certified by the commissioner of employment and economic development, day and
supported employment services licensed under chapter 245D, and any agency of the state
of Minnesota or the United States, and includes any instrumentality of a governmental
unit. For the purpose of this section, an instrumentality of a governmental unit means an
instrumentality having independent policy -making and appropriating authority.
Subd. la. Liability. (a) A governmental unit participating in a joint venture or
joint enterprise, including participation in a cooperative activity undertaken pursuant to
this section or other law, is not liable for the acts or omissions of another governmental
unit participating in the joint venture or joint enterprise, unless the participating
governmental unit has agreed in writing to be responsible for the acts or omissions of
another participating governmental unit.
(b) For purposes of determining total liability for damages, the participating
governmental units and the joint board, if one is established, are considered a single
governmental unit and the total liability for the participating governmental units and the
joint board, if established, shall not exceed the limits on governmental liability for a
single governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as
waived or extended by the joint board or all participating governmental units under
section 3.736, subdivision 8; 466.06; or 471.981. This paragraph does not protect a
governmental unit from liability for its own independent acts or omissions not directly
related to the joint activity.
(c) If a participating governmental unit has procured or extended insurance
coverage pursuant to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the
limits on governmental liability under section 3.736 or 466.04, subdivision 1, covering
participation in the joint venture or joint enterprise, the procurement of that insurance
constitutes a waiver of the limits of governmental liability for that governmental unit to
the extent that valid and collectable insurance or self-insurance, including, where
applicable, proceeds from the Minnesota Guarantee Fund, exceeds those limits and
covers that governmental unit's liability for the claim, if any.
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Subd. 2. Agreement to state purpose. Such agreement shall state the purpose of
the agreement or the power to be exercised and it shall provide for the method by which
the purpose sought shall be accomplished or the manner in which the power shall be
exercised. When the agreement provides for use of a joint board, the board shall be
representative of the parties to the agreement. A joint board that is formed for educational
purposes may conduct public meetings via interactive television if the board complies
with chapter 13D in each location where board members are present. Irrespective of the
number, composition, terms, or qualifications of its members, such board is deemed to
comply with statutory or charter provisions for a board for the exercise by any one of the
parties of the power which is the subject of the agreement.
Subd. 3. Disbursement of funds. The parties to such agreement may provide for
disbursements from public funds to carry out the purposes of the agreement. Funds may
be paid to and disbursed by such agency as may be agreed upon, but the method of
disbursement shall agree as far as practicable with the method provided by law for the
disbursement of funds by the parties to the agreement. Contracts let and purchases made
under the agreement shall conform to the requirements applicable to contracts and
purchases of any one of the parties, as specified in the agreement. Strict accountability of
all funds and report of all receipts and disbursements shall be provided for.
Subd. 4. Termination of agreement. Such agreement may be continued for a
definite term or until rescinded or terminated in accordance with its terms.
Subd. 5. Shall provide for distribution of property. Such agreement shall
provide for the disposition of any property acquired as the result of such joint or
cooperative exercise of powers, and the return of any surplus moneys in proportion to
contributions of the several contracting parties after the purpose of the agreement has
been completed.
Subd. 6. Residence requirement. Residence requirements for holding office in
any governmental unit shall not apply to any officer appointed to carry out any such
agreement.
Subd. 7. Not to affect other acts. This section does not dispense with procedural
requirements of any other act providing for the joint or cooperative exercise of any
governmental power.
Subd. 8. Services performed by county, commonality of powers.
Notwithstanding the provisions of subdivision 1 requiring commonality of powers
between parties to any agreement the board of county commissioners of any county may
by resolution enter into agreements with any other governmental unit as defined in
subdivision 1 to perform on behalf of that unit any service or function which that unit
would be authorized to provide for itself.
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Subd. 9. Exercise of power. For the purposes of the development, coordination,
presentation and evaluation of training programs for local government officials,
governmental units may exercise their powers under this section in conjunction with
organizations representing governmental units and local government officials.
Subd. 10. Services performed by governmental units; commonality of
powers. Notwithstanding the provisions of subdivision 1 requiring commonality of
powers between parties to any agreement, the governing body of any governmental unit
as defined in subdivision 1 may enter into agreements with any other governmental unit
to perform on behalf of that unit any service or function which the governmental unit
providing the service or function is authorized to provide for itself. If the agreement has
the effect of eliminating or replacing a public employee who is part of a collective
bargaining agreement represented by an exclusive representative, and there is no
provision in the collective bargaining agreement detailing the effect of the action on the
affected public employee, negotiations on the effects to the employee of the job
elimination or restructuring must be conducted between the exclusive representative and
the employer.
Subd. 11. Joint powers board. (a) Two or more governmental units, through
action of their governing bodies, by adoption of a joint powers agreement that complies
with the provisions of subdivisions 1 to 5, may establish a joint board to issue bonds or
obligations under any law by which any of the governmental units establishing the joint
board may independently issue bonds or obligations and may use the proceeds of the
bonds or obligations to carry out the purposes of the law under which the bonds or
obligations are issued. A joint board established under this section may issue obligations
and other forms of indebtedness only in accordance with express authority granted by the
action of the governing bodies of the governmental units that established the joint board.
Except as provided in paragraphs (b) and (c), the joint board established under this
subdivision must be composed solely of members of the governing bodies of the
governmental unit that established the joint board. A joint board established under this
subdivision may not pledge the full faith and credit or taxing power of any of the
governmental units that established the joint board. The obligations or other forms of
indebtedness must be obligations of the joint board issued on behalf of the governmental
units creating the joint board. The obligations or other forms of indebtedness must be
issued in the same manner and subject to the same conditions and limitations that would
apply if the obligations were issued or indebtedness incurred by one of the governmental
units that established the joint board, provided that any reference to a governmental unit
in the statute, law, or charter provision authorizing the issuance of the bonds or the
incurring of the indebtedness is considered a reference to the joint board.
(b) Notwithstanding paragraph (a), one school district, one county, and one public
health entity, through action of their governing bodies, may establish a joint board to
establish and govern a family services collaborative under section 124D.23. The school
district, county, and public health entity may include other governmental entities at their
discretion. The membership of a board established under this paragraph, in addition to
members of the governing bodies of the participating governmental units, must include
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the representation required by section 124D.23, subdivision 1, paragraph (a), selected in
accordance with section 124D.23, subdivision 1, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school districts, and mental health
entities, through action of their governing bodies, may establish a joint board to establish
and govern a children's mental health collaborative under sections 245.491 to 245.495, or
a collaborative established by the merger of a children's mental health collaborative and a
family services collaborative under section 124D.23. The county, school district, and
mental health entities may include other entities at their discretion. The membership of a
board established under this paragraph, in addition to members of the governing bodies of
the participating governmental units, must include the representation provided by section
245.493, subdivision 1.
Subd. 12. Joint exercise of police power. In the event that an agreement
authorizes the exercise of peace officer or police powers by an officer appointed by one
of the governmental units within the jurisdiction of the other governmental unit, an
officer acting pursuant to that agreement has the full and complete authority of a peace
officer as though appointed by both governmental units and licensed by the state of
Minnesota, provided that:
(1) the peace officer has successfully completed professionally recognized peace
officer preemployment education which the Minnesota Board of Peace Officer Standards
and Training has found comparable to Minnesota peace officer preemployment
education; and
(2) the officer is duly licensed or certified by the peace officer licensing or
certification authority of the state in which the officer's appointing authority is located.
Subd. 12a.Joint exercise of police power; employees.
If an agreement, merger, or consolidation authorizes the exercise of peace officer or
police powers by an officer appointed by one of the governmental units within the
jurisdiction of the other governmental unit, a peace officer or public safety dispatcher,
working pursuant to or as a result of that agreement, merger, or consolidation, must
receive credit for accumulated vacation and sick leave time earned within the
governmental unit employing the peace officer or public safety dispatcher immediately
preceding the agreement, merger, or consolidation. If a peace officer or public safety
dispatcher working pursuant to an agreement, merger, or consolidation becomes
employed by the new entity, that peace officer or public safety dispatcher is considered to
have begun employment with the new entity on the first day of employment by the
governmental unit employing the peace officer or public safety dispatcher immediately
preceding the creation of the new entity and must be credited with all previously
accumulated vacation and sick leave time.
Subd. 12b. Correctional officers. If there is an agreement, merger, or
consolidation between two or more local correctional or detention facilities, a
correctional officer who becomes employed by a new entity created by the agreement,
merger, or consolidation must receive credit for accumulated vacation and sick leave time
earned by the correctional officer during the officer's employment with a governmental
unit immediately preceding the creation of the new entity. If a correctional officer
working pursuant to an agreement, merger, or consolidation becomes employed by the
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new entity, the correctional officer is considered to have begun employment with the new
entity on the first day of employment with the governmental unit employing the
correctional officer immediately preceding the creation of the new entity and must be
credited with all previously accumulated vacation and sick leave time.
Subd. 13. Joint powers board for housing. (a) For purposes of implementing a
federal court order or decree, two or more housing and redevelopment authorities, or
public entities exercising the public housing powers of housing and redevelopment
authorities, may by adoption of a joint powers agreement that complies with the
provisions of subdivisions 1 to 5, establish a joint board for the purpose of acquiring an
interest in, rehabilitating, constructing, owning, or managing low -rent public housing
located in the metropolitan area, as defined in section 473.121, subdivision 2, and
financed, in whole or in part, with federal financial assistance under Section 5 of the
United States Housing Act of 1937. The joint board established pursuant to this
subdivision shall:
(1) be composed of members designated by the governing bodies of the
governmental units which established such joint board and possess such representative
and voting power provided by the joint powers agreement;
(2) constitute a public body, corporate, and politic; and
(3) notwithstanding the provisions of subdivision 1, requiring commonality of
powers between parties to a joint powers agreement, and solely for the purpose of
acquiring an interest in, rehabilitating, constructing, owning, or managing federally
financed low -rent public housing, possess all of the powers and duties contained in
sections 469.001 to 469.047 and, if at least one participant is an economic development
authority, sections 469.090 to 469.1081, except (i) as may be otherwise limited by the
terms of the joint powers agreement; and (ii) a joint board shall not have the power to tax
pursuant to section 469.033, subdivision 6, or 469.107, nor shall it exercise the power of
eminent domain. Every joint powers agreement establishing a joint board shall
specifically provide which and under what circumstances the powers granted herein may
be exercised by that joint board.
(b) If a housing and redevelopment authority exists in a city which intends to
participate in the creation of a joint board pursuant to paragraph (a), such housing and
redevelopment authority shall be the governmental unit which enters into the joint powers
agreement unless it determines not to do so, in which event the governmental entity
which enters into the joint powers agreement may be any public entity of that city which
exercises the low -rent public housing powers of a housing and redevelopment authority.
(c) A joint board shall not make any contract with the federal government for low -
rent public housing, unless the governing body or bodies creating the participating
authority in whose jurisdiction the housing is located has, by resolution, approved the
provision of that low -rent public housing.
(d) This subdivision does not apply to any housing and redevelopment authority,
or public entity exercising the powers of a housing and redevelopment authority, within
the jurisdiction of a county housing and redevelopment authority which is actively
carrying out a public housing program under Section 5 of the United States Housing Act
of 1937. For purposes of this paragraph, a county housing and redevelopment authority is
considered to be actively carrying out a public housing program under Section 5 of the
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United States Housing Act of 1937, if it (1) owns 200 or more public housing units
constructed under Section 5 of the United States Housing Act of 1937, and (2) has
applied for public housing development funds under Section 5 of the United States
Housing Act of 1937, during the three years immediately preceding January 1, 1996.
(e) For purposes of sections 469.001 to 469.047, "city" means the city in which
the housing units with respect to which the joint board was created are located and
"governing body" or "governing body creating the authority" means the council of such
city.
Subd. 14. Joint exercise of fire services. A fire department created under
subdivision 1 shall be subject to the following:
(a) Any agreement shall continue for the defined term or until rescinded or
terminated in accordance with its terms, including if one or more contracting parties
terminates membership, unless such termination effectively eliminates the joint powers
enti
(b) Dissolution of assets following the dissolution of the agreement shall be made
pursuant to subdivision 5.
(c) Distribution of assets following the exit of one or more parties to the
agreement shall be made pursuant to the agreement. Any unresolved dispute about the
distribution of assets must be referred to the Office of Administrative Hearings by the
joint powers board for resolution under Minnesota Statutes, chapter 14. When
distributing assets, the best interests of the public should be considered first followed by
the best interests of the contracting parties.
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