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RICKSON, 1700 West Highway 36 James C. Erickson, Sr. Suite 110 Caroline Bell Beckman ELL, Roseville, MN 55113 Charles R. Bartholdi ECKMAN & (651) 223-4999 Kari L. Quinn (651) 223-4987 Fax Mark F. Gaughan 1 UINN, P.A. www,ebbglaw.com James C. Erickson, Jr. Robert C. Bell- of counsel TO: Lonnie Brokke FROM: Charles R. Bartholdi RE: Park Districts Our File No: 1011-00186 DATE: August 16, 2011 You recently asked that I give you the statutory authority for Park Districts, Park Boards and Park Commissions. I am in this regard sending you a copy of Minnesota Statutes § 398.01, 398.08, 398.09, 412.501, 412.511, 412.521, 412.531, 412.111 and 412.271. Minnesota Statutes § 398.01 provides that a Park District must be established by a Board of County Commissioners. Therefore, a City is not authorized to establish a Park District. Minnesota Statutes § 398.08 and 398.09 indicate that a Park District can act as an independent entity and sets forth the general and special powers of a Park District. Park Boards are controlled by Minnesota Statutes § 412.491 through 412.531. While a Park Board can act independently on many matters, the funds for its operation are established by the City Council. Minnesota Statutes § 412.111 gives the City the power to create departments and advisory boards. Minnesota Statutes § 412.271, Subd. 6 gives the City the power to give an independent board or commission the right to disburse funds without council approval. The City Council has not given the Roseville Park Commission such power. The Roseville Parks and Recreation Commission has only been given the power to act as an advisory committee and perform the other duties listed under Roseville City Code Section 203.04. As such, it does not have independent powers to make contracts and otherwise act as independent entity of the City. When you get this memo, please give me a call. We can then discuss it further at that time. CRB/alb Enc.