After the Minneapolis City Council rejected Mayor Jacob Frey’s reappointment of Todd Barnette as Community Safety commissioner last week, the mayor pledged he would veto the council’s action.
A memo from the city attorney now indicates Frey’s veto, officially submitted on Wednesday, will not result in Barnette’s renewal for a full term. Rather, the mayor must gain an affirmative vote from the council to confirm any appointees.
“The availability of a veto does not mean that a veto results in an affirmative permanent appointment to a new term,” the memo from City Attorney Kristyn Anderson states.
Council President Elliott Payne, who led the progressive majority in rejecting Barnette, said the city attorney’s memo reinforces the council’s role as a check on the executive.
“Particularly in a ‘strong mayor’ system of government, the ability to have a public process and Council vote on Mayoral appointments is imperative,” Payne said. “I’m glad the City Attorney’s memo clearly lays out that regardless of any veto, an affirmative vote of the Council is required for appointees to be approved. We look forward to working with the mayor on finding a new Commissioner of Community Safety that can effectively advance safety for everyone in our city.”
In his veto letter, Frey criticized the council’s rejection as “political gamesmanship” and urged council members to collaborate with him to find Barnette’s replacement.
“All fourteen elected officials — thirteen Council Members and the Mayor — earned their election certificates,” Frey wrote. “The people of Minneapolis now expect us to work together to achieve success and deliver results.”
What happens now?
Barnette is not out of the running yet, but something will need to budge before anyone is appointed to lead the Office of Community Safety.
The council needs a two-thirds supermajority to override Frey’s veto, which would officially result in Barnette’s rejection. If the council falls short of the nine votes needed to override, the veto would be sustained, nullifying the council’s denial and keeping Barnette’s appointment open.
According to the City Attorney’s Office, Barnette’s nomination can now only resolve in one of three ways:
- The council overrides the mayor’s veto, forcing the mayor to nominate someone else.
- Frey withdraws the appointment.
- The council votes to confirm Barnette.
Based on the council’s 6-7 rejection of Barnette last week, it’s unlikely two additional votes would be there for a veto override. Anderson’s memo acknowledges the potential for a “never-ending loop” if a compromise isn’t reached.
“There is not currently a legal solution to this potential loop,” the memo states.
Under the Minneapolis City Charter, if the council rejects three of the mayor’s nominees for an administrative position, the council then gets an opportunity to select three candidates of its own, of which the mayor must pick one.
“There’s a whole process that would happen way before we ever got to that point, so I highly doubt that we will arrive there,” Frey told 5 EYEWITNESS NEWS on Wednesday.
In a statement, Barnette said he is “committed to serving the City of Minneapolis and continuing to move community safety forward for all residents.”
