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11-26-1984 Council Packet
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11-26-1984 Council Packet
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practices, nepotism, procedures for awarding contracts, a code of <br />ethics, etc. should be developed and implew, ted. <br />THE AMM WOULD SUPPOPT LEA` SLATION WHICH RESULTS IN THE DEVELOPMENT <br />AND IMPLEMENTATION Or UN.dORM ADMINISTRATIVE PROCEDURES FOR THE <br />METROPOLITAN AGENCIES (METROPOLITAN COUNCIL, MWCC, RTB, MTC). AN <br />ADEQUATF!.Y NOTICED PUBLIC HEARING SHOULD BE HELD PRIOR TO FINAL <br />ADOPTION OF THE UNIFORM PROCEDURES. <br />D-4 LOCAL - REGIONAL CONFLICT RESOLUTION MECHANISM <br />One of the issues addressed by the Legislative Commission on <br />Metropolitan Governance in its final report relates to thc. need <br />for a mechanisrw whereby intergovernmental disputes in the <br />metropolitan area can be resolved. <br />Three governmental alternatives for dispute resolution; were <br />considered: ;1) judical review; (2) adminiretrative procedure; <br />and (3) legislative review. Persuaded that court proceedings are <br />not the best means of settling mo-+ intergovernrrpntal disputes, <br />the Commis— on focused most +' its tentior; upon the other two <br />alternative... With regard 'mi trative proceedings, either <br />of the rule -making or co: i case variety, the Commission <br />concluded that they are etter suitec, o the :.eeds of <br />governmental adversaries tha.. .ourtroom procee"ings. Reasoning <br />that Administrative Procedures Act kAPA) proceedings are not <br />generally appropriate to the types of functic^-� performed by <br />metropolitan agencies, the Commission con;_,ided tho: the <br />Legislature should apply the APA process only on a case-b;,-case <br />basis after careful consideration. <br />The Comp-i.ssion concluded that the third forum, the Legislature, is <br />the orp r should be relied upon and that the ?.ef ' la' ure shout 1 <br />cnn...'der means of improving, legitimitizing an,, ggularizing <br />ac:cc.;s to t, legislative forum for dispute h:ch cannot <br />Q^,�:)erly be led at the metropolitan level. shis end, the <br />Ccr-::-Assion incicat.ed its support of proEram evaluaLjjCA as a method <br />of exposing and resolving the policy issues which give rise to <br />many such disputes. <br />THE AMM BELIEVES :'HAT THE LEGIJ LATURE SHOULD NOT INTERVENE IN <br />MOST METROPOLITAN LEVEL - LOCAL LEVEL DISPUTES, B91" 14�0 <br />RECOMMEND THAT THE L.F:;ISLATURE: ESTABLISH AN ADMINISTRAT IVr- TY,-,E <br />PROCEDURE BY STATUTE FOR LI:j*PU'iED CASES INVOLVING THE <br />INTERPRETATION AND APPLICATION OF METROPOLIAN LEVEL POLICIES <br />IN SPECIFIC SITUATIONS INVO► VING A LOCAL .trNIT Oi r,OVFRNMENT. <br />IV-E RAPID DEVELOPMENT IN COUNTIES ADJACENT TO THF. METROPOLITAN <br />APEA <br />inCreif e f r•t t !' <br />
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