SF 1929

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to Pope County; providing a process for
making certain offices appointive in Pope County.

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

Section 1. new text begin POPE COUNTY OFFICERS MAY BE APPOINTED.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to make office appointive.
new text end

new text begin Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Pope County Board of
Commissioners, the offices of county recorder and county
auditor-treasurer are not elective but must be filled by
appointment by the county board as provided in the resolution.
new text end

new text begin Subd. 2. new text end

new text begin Board controls; may change as long as duties
done. new text end

new text begin Upon adoption of a resolution by the Pope County Board of
Commissioners and subject to subdivisions 3 and 4, the duties of
an elected official required by statute whose office is made
appointive as authorized by this section must be discharged by
the Board of Commissioners of Pope County acting through a
department head appointed by the board for that purpose. A
reorganization, reallocation, or delegation or other
administrative change or transfer does not diminish, prohibit,
or avoid the discharge of duties required by statute.
new text end

new text begin Subd. 3. new text end

new text begin Incumbents to complete term. new text end

new text begin The person elected
at the last general election to an office made appointive under
this section must serve in that capacity and perform the duties,
functions, and responsibilities required by statute until the
completion of the term of office to which the person was elected
or until a vacancy occurs in the office, whichever occurs
earlier.
new text end

new text begin Subd. 4. new text end

new text begin Publishing resolution; petition,
referendum. new text end

new text begin The county board may provide for the appointment of
a county office as permitted in this section if the resolution
to make the office appointive is approved by at least 80 percent
of the members of the county board. Before the adoption of the
resolution, the county board must publish a resolution notifying
the public of its intent to consider the option once each week
for two consecutive weeks in the official publication of the
county. Following the publication, the county board shall
provide an opportunity at its next regular meeting for public
comment relating to the option, prior to formally adopting the
option. The resolution may be implemented without the
submission of the question to the voters of the county unless,
within 30 days after the second publication of the resolution, a
petition requesting a referendum, signed by at least ten percent
of the registered voters of the county, is filed with the county
auditor. If a petition is filed, the resolution may be
implemented unless disapproved by a majority of the voters of
the county voting on the question at a regular or special
election.
new text end

new text begin Subd. 5. new text end

new text begin Effective date; local approval. new text end

new text begin This section is
effective the day after the governing body of Pope County and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end