HF 3662

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing for a public hearing and public testimony
before making an appointment to fill a vacancy on a county board; changing
the time period in which an appointment may be made; amending Minnesota
Statutes 2006, section 375.101, by adding a subdivision; Minnesota Statutes
2007 Supplement, section 375.101, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4,
is amended to read:

Subd. 4.

Option for filling vacancies; appointment.

Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
deleted text begin two years remain deleted text end new text begin one year remains new text end in the unexpired term, a special election shall be held
in conjunction with the county general election. The appointed person shall serve until the
qualification of the successor elected to fill the unexpired part of the term at that special
election. If the vacancy occurs on or after the first day to file affidavits of candidacy for
the county general election, or when less than deleted text begin two years remain deleted text end new text begin one year remains new text end in the
unexpired term, there shall be no special election to fill the vacancy and the appointed
person shall serve the remainder of the unexpired term and until a successor is elected
and qualifies at the county general election.

Sec. 2.

Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin County boards. new text end

new text begin Before making an appointment to fill a vacancy under
subdivision 3 or 4, the county board must hold a public hearing not more than 30 days after
the vacancy occurs with public notice given in the same manner as for a special meeting
of the county board. At the public hearing the board must invite public testimony from
persons residing in the district in which the vacancy occurs relating to the qualifications
of prospective appointees to fill the vacancy. Before making an appointment, the board
also must notify public officials in the affected district on the appointment, including town
board and city council members, and must enter into the record at the board meeting in
which the appointment is made the names and addresses of the public officials notified.
new text end