Agenda - Council - 07/27/1999 - Laserfiche WebLink

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WMO Commissioners July 6, 1999 Page 2 of 3 Bo watershed management organizations, primarily in Dakota County. However, I should note that Mr. Hamack's interpretation is shared by Mr. Raymond Marshall, the attorney for the Six Cities' Watershed Management Organization. If the cities decide to conform their appointment processes to BWSR's interpretation, all cities should make arrangements to appoint non-staff members by the end of this year to begin their term by the beginning of the year 2000. If the cities decide that BWSR's interpretation-is not correct, it will nevertheless be necessary to appoint non-staff members for appointments made after December 31, 1999. Some cities have also questioned whether it would be permissible to appoint city staff members prior to December 31, 1999 for terms which commence on February 1 in the year 2000. I do not have a firmly held opinion on this question.- It does seem that such an appointment would be inconsistent with the intent of the law. I would suggest that cities with board members whose appointments expire after the end of this year consult with their city at~torneys. Initially, a determination as to the qualification of persons who may represent the city must be made by the appointing authority. However, there may also be implications of such a decision for the watershed management organization. At the meeting of June 17, I indicated that not all cities agreed with Mr. Harnack's interpretation of the law as to appointment of commissions whose terms were not expiring. I asked him whether BWSR would regard watershed management organizations which were not complying with his interpretation of' the law to be unqualified, or not validly constituted, organizations. Although he apparently had not previously considered this matter, he indicated that it was very possible that BWSR would not regard a watershed management organization which did not comply with his interpretation of the law to be a validly constituted organization. If the cities do not agree with Mr. Harnack's interpretation, the cities should be prepared to deal with BWSR on this issue. The cities may wish to consider eliciting the support of as many elected officials as possible to approach BWSR board members on this question of interpretation. I do not know whether Mr. Harnack's position is the official position of BWSR, but, even if it does reflect the position of the Board, not every BWSR member may be as convinced as Mr. Harnack that the new law means that there must be a wholesale and immediate removal of all city staff WMO 6ommissioners even if their terms have not expired. Organizational Changes in Response to New Law. Currently the WMO Board meets monthly to consider planning, project applications, expenditures, studies, testing activities and other such matters. Because most commissioners are city engineers, directors of public works, or city managers, each member is generally knowledgeable about matters being considered by the commission, including any special concerns which their city may have, the commission's and the CLL- 165416