Legislative removal of inferior executive branch officers provided.

A bill for an act

relating to state government; providing for legislative removal of inferior executive

branch officers; proposing coding for new law in Minnesota Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[3.99] DEFINITIONS.

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Subdivision 1.

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Definitions.

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For purposes of sections 3.99 to 3.993, the following terms

have the meanings given.

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Subd. 2.

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Agency.

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"Agency" means any executive branch board, commission, council,

committee, authority, office, or comparable public entity established by law.

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Subd. 3.

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Department.

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"Department" means each of the departments of state identified

in section 15.01.

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Subd. 4.

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Inferior officer.

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"Inferior officer" means the head, deputy head, and assistant

heads of any agency or department and the employee who serves as director or other head

of any division, bureau, office, or other organizational unit within an agency or department.

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Subd. 5.

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Malfeasance.

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"Malfeasance" means the willful commission of an unlawful or

wrongful act in the performance of an inferior officer's duties that is outside the scope of

the authority of the inferior officer and that infringes on the rights of any person or entity.

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Subd. 6.

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Nonfeasance.

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"Nonfeasance" means the willful failure to perform a specific

act that is a required part of the duties of the inferior officer.

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Sec. 2.

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[3.991] LEGISLATIVE REMOVAL OF INFERIOR EXECUTIVE BRANCH

OFFICERS.

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Notwithstanding any law to the contrary or any plan established by the commissioner

of management and budget under chapter 43A, the legislature may require the immediate

removal of an inferior officer for malfeasance or nonfeasance as provided in sections 3.992

and 3.993.

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Sec. 3.

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[3.992] COMPLAINT; PUBLIC PROCEEDINGS.

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Subdivision 1.

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Complaint.

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(a) Any legislative member of the senate may request the

removal of an inferior officer by submitting a complaint to the senate majority leader and

any legislative member of the house of representatives may request the removal of an inferior

officer by submitting a complaint to the speaker of the house. The complaint must include

the facts that allege with specificity an inferior officer committed malfeasance or nonfeasance

in the performance of the inferior officer's duties.

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(b) Within ten days of receiving a complaint under paragraph (a), the senate majority

leader or speaker of the house must:

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(1) forward the complaint to the appropriate legislative committee as determined by the

associated rules of the house of representatives or senate; and

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(2) cause a copy of the complaint and any supporting materials to be delivered on behalf

of the house of representatives or senate to the governor and any inferior officer named in

the complaint.

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Subd. 2.

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Public proceedings; waiver.

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(a) Within 30 days of receiving a complaint under

subdivision 1, the legislative committee must commence public proceedings according to

this section and the rules of the complainant's house of the legislature. The complaint may

be amended by right of the complainant at any time prior to 20 days before the public

proceedings begin. The chair of the legislative committee may permit later amendment of

the complaint only for good cause.

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(b) The complainant and the inferior officer may be represented by legal counsel at their

own expense. The inferior officer has the right to respond to all charges; to call and

cross-examine witnesses; to introduce exhibits; to be furnished with exhibits, documents,

and evidence in possession of the legislative committee; and to rebut evidence offered by

the complainant. The complainant must be notified of all public hearings on the complaint

and must be given notice of the opportunity to offer evidence of matters alleged in the

complaint.

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(c) During the public proceedings, the legislative committee must take testimony and

evidence sufficient to determine:

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(1) whether the complainant has shown by clear and convincing evidence that the factual

allegations of malfeasance or nonfeasance by the inferior officer are true; and

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(2) if so, whether the facts found to be true constitute malfeasance or nonfeasance.

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(d) The existence and substance of a complaint, including any supporting materials, and

all proceedings and records are public.

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(e) An inferior officer who is the subject of a complaint may waive in writing the right

to public proceedings under this section.

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Subd. 3.

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Disposition of complaint.

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(a) The legislative committee must dismiss the

complaint at any time if a majority of legislative committee members determine that the

standard under subdivision 2, paragraph (c), has not been met.

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(b) If a majority of legislative committee members determine that the facts found to be

true constitute malfeasance or nonfeasance, the legislative committee must report the

complaint and the legislative committee's recommendations to the full house of the legislature

for final disposition.

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Sec. 4.

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[3.993] FINAL DISPOSITION; REMOVAL.

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When in receipt of a complaint and recommendations reported under section 3.992, the

house of the legislature may vote on the question of whether to remove the inferior officer.

If a majority of the members elected to each house of the legislature votes in favor, the

inferior officer must be discharged by the governor or the governor's designee effective the

day after the second house of the legislature notifies the governor that both houses of the

legislature have voted in favor of removal. The complaint and recommendations submitted

to each house of the legislature by their respective legislative committees under section

3.992 need not be identical, so long as each complaint contains allegations of malfeasance

or nonfeasance against the same inferior officer.

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