Steve Brandt said:

> the
> new board that McKinsey recommends for development decisions would
> appear to be able to take over NRP functions without legislative (as
> opposed to NRP Policy Board) approval as long as the new board includes
> at least the core representation the legislation requires of the NRP
> Policy Board
>

At least one problem associated with this contention is that the statute
clearly says that the NRP Policy board runs the program and that board
is composed of all the local governmental units that you go on to list.
The CITY doesn't run the NRP program.  It's run by a board consisting of
multiple units of local government.  I don't think it's possible to be
both a city department AND and independent multi-government board at the
same time.  At a minimum, it would have two masters, and that's not the
way to run a railroad.

While the McKinsey report recommends a board (UNDER the new department)
it is an advisory or coordinating board and not a governing board.  An
advisory board isn't consistent with state law that gives the following
powers to the board:

> The policy board may:
>
>     (1) sue and be sued.  ....
>     (2) hire, retain, discipline, and terminate a director ....
>     (3) enter into contracts, leases, purchases, or other
>  documents ....
>     (4) adopt bylaws ....
>     (5) enter into agreements with governmental units and
>  governing boards ....
>     (6) accept gifts ....
>     (7) review activities to determine whether the expenditure
>  of program money and other money is in compliance with the
>  neighborhood plans....
>     (8) prepare annually an administrative budget for the
>  ensuing year....
>

Of course it is a statute, not an article of the Minnesota
Constitution.  The legislature can change the law to allow NRP to be
subsumed into city government.  But I suggest that the issue be
addressed as the necessity of asking the legislature to change the NRP
law and not let wishful thinking take the place of legal analysis.

The issue of the NRP's law is but a portion of the head scratching that
must go in to figure out how to enact or adopt what McKinsey proposed.
In some fashion, the report wants to include the "development" functions
of the Minneapolis School Board and the Park and Recreation Board.  How
the city is going to control in a department of city government what
those independent political entities do with their capital budgets is
not at all clear.  (And those units of government are independent of
city government for historically significant reasons.)  Again, the
legislature could change it, but we shouldn't pretend that the state
laws don't have to be changed.

There are a litany of other problems with implementing the McKinsey
report.  I listed some that came to my mind in my earlier posting
"Bouillabaisse."  From looking at the McKinsey website
(http://www.mckinsey.com/) it looks as if they have a very world-wide
business practice.  But it's really difficult to find that they have any
government practice to speak of.  They must be commended for the pro
bono public work that they have done for government.  But I think that
the report demonstrates why "running government like a business" isn't
all it's cracked up to be.  Specifically, the report just doesn't seem
to contemplate the web of law in which all governments must operate.

As I said in my earlier post, the goals of housing and jobs are worthy
of the city's attention.  But while I think the McKinsey report has it's
heart in the right place, I'm not at all clear that what they recommend
can be practically implemented.  And if something doesn't get done on
the goals, it will be a shame.

Steve Cross
Prospect Park

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