HF 1408

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

A bill for an act
relating to Brown County; permitting the appointment
of the county recorder.

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

Section 1. new text begin RECORDER MAY BE APPOINTED.
new text end

new text begin Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Brown County Board of
Commissioners, the office of county recorder in the county is
not elective but must be filled by appointment by the county
board as provided in the resolution. Before the county board
may adopt a resolution under this section, the board must hold a
public hearing on the proposal to appoint the county recorder.
new text end

Sec. 2. 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 Brown County Board of
Commissioners and subject to sections 3 and 4, the duties of the
elected official required by statute whose office is made
appointive as authorized by this act must be discharged by the
Board of Commissioners of Brown 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

Sec. 3. new text begin INCUMBENT TO COMPLETE TERM.
new text end

new text begin The person currently serving as county recorder must serve
in that capacity and perform the duties, functions, and
responsibilities required by statute until the completion of the
current term of office or until a vacancy occurs in the office,
whichever occurs earlier.
new text end

Sec. 4. new text begin FOUR-FIFTHS VOTE; REVERSE REFERENDUM.
new text end

new text begin The county board may provide for the appointment of the
county recorder as permitted in this act without an affirmative
vote of the voters of the county if the resolution to make the
office appointed is approved by 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 adopting 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 option may be implemented without the submission of the
question of its implementation 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
option 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

Sec. 5. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

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