1998 Minnesota Statutes

CHAPTER 375A. Optional forms of county government

     375A.001 Chapter does not apply to Hennepin county. 

    This chapter does not apply to Hennepin county. 

    HIST: 1979 c 198 art 4 s 13 

     375A.01 Authorization and enumeration.  

    Subdivision 1.    General.  Any county may adopt one or 
 more of the optional forms of government provided for in 
 sections 375A.01 to 375A.13.  Until the adoption of one or more 
 of the options, each county shall operate under the plan of 
 county government in effect for that county on July 1, 1973.  
 Any of the options may be adopted or abandoned by a county by 
 following the procedures set forth in sections 375A.01 to 
 375A.13.  

    Subd. 2.    Options.  An optional form of county 
 government may include any of the following: 

    (a) An elected county executive to be known as the elected 
 executive plan; 

    (b) A county manager, to be known as the county manager 
 plan; 

    (c) The chair of the county board elected at large by all 
 the voters of the county, to be known as the at-large chair 
 plan; 

    (d) A county administrator, to be known as the county 
 administrator plan; 

    (e) A county auditor to have the additional powers and 
 duties of county administrator, to be known as the county 
 auditor-administrator plan.  

    The elected executive, county manager, and at-large chair 
 plans are mutually exclusive, and a county may adopt only one of 
 these plans.  A county may not adopt the county administrator or 
 the auditor-administrator plan while it is operating under 
 either the elected executive or the county manager plan; and a 
 county may not adopt the auditor-administrator plan while it is 
 operating under the at-large chair plan.  A county may adopt the 
 at-large chair plan and the county administrator plan either 
 concurrently or while the other is in force.  

    HIST: 1973 c 542 s 1; 1986 c 444 

     375A.02 Elected executive plan.  

    Subdivision 1.    County executive.  In a county 
 adopting the elected executive plan, the chief executive officer 
 shall be known as county executive.  The first county executive 
 shall be elected at the county general election following the 
 adoption of the elected executive plan and every four years 
 thereafter.  The county executive shall hold office for a term 
 of four years commencing on the first Monday of January 
 following election.  Only a voter of a county shall be eligible 
 for election as county executive.  The county executive shall be 
 nominated and elected by all the voters of the county in the 
 manner provided by law for the election of county officers.  In 
 case the office of county executive is or becomes vacant by 
 reason of death, resignation or removal, it shall be filled by 
 the board of county commissioners for the unexpired term.  

    Subd. 2.    Salary.  The salary of the county executive 
 for the first year of the term shall be set by the county board 
 not less than 30 days before the first day candidates may file 
 for the office; thereafter, the salary of the county executive 
 shall be set annually by the county board at the January meeting 
 of the board; provided that the salary of the county executive 
 shall not be less than 150 percent of the salary of the highest 
 paid member of the board of county commissioners.  A minimum 
 salary for such subsequent term of the county executive shall be 
 fixed by the county board not less than 30 days before the first 
 day candidates may file for the office in an amount not less 
 than the minimum provided in this section.  

    Subd. 3.    Powers and duties of the county executive.  
 The county executive shall be the administrative head of the 
 county and shall have all the powers and shall perform all the 
 duties of an administrative or executive nature vested in or 
 imposed upon the board of county commissioners by law or by 
 agreement with any municipality or other subdivision of 
 government and such additional powers as are granted or imposed 
 by the board.  The county executive shall be responsible for the 
 proper administration of the affairs of the county placed in the 
 county executive's charge.  By resolution of the county board 
 the county executive may serve as the head of any county 
 department created by law or established by the board provided 
 the county executive has the qualifications required by law.  
 Responsibilities of the county executive shall include, but are 
 not limited to, the following duties: 

    (a) Appoint an administrative assistant who shall be 
 qualified by education and training in governmental or business 
 administration and who will be responsible to the executive for 
 the orderly and efficient operation and coordination of the 
 various departments of county government; 

    (b) Appoint and hire qualified staff to assist the 
 executive; 

    (c) Provide for the execution of all ordinances and 
 resolutions of the board and all laws of the state subject to 
 enforcement by the county executive or by officers who are under 
 the county executive's direction and supervision; 

    (d) Exercise all authority of the board of county 
 commissioners to appoint, suspend, and remove all county 
 personnel whose appointment, suspension, or removal was a 
 function of the county board under general law, make such 
 nominations and appointments to additional offices as the county 
 board may determine and make appointments to such advisory 
 boards and committees as the executive may create; 

    (e) Provide for all county purchases including purchases of 
 services pursuant to purchasing regulations established by the 
 county board, but county purchasing services may be made 
 available for use by other counties and governmental 
 subdivisions; 

    (f) Prepare and submit, if directed by the board to do so, 
 an administrative code incorporating the details of 
 administrative procedure for the operation of the county and 
 from time to time suggest amendments to such code; 

    (g) Attend any meetings of the board of county 
 commissioners with the right to take part in any discussion, but 
 not to vote; and may recommend to the board such action as the 
 county executive deems advisable; and 

    (h) Prepare and submit to the county board an annual budget 
 and a long-range capital expenditure program covering a period 
 not less than the five ensuing years each of which shall include 
 detailed estimates of revenue and expenditures and enforce the 
 provisions of the budget when adopted by the county board.  

    Subd. 4.    Veto power.  The county executive shall 
 have the power to veto any ordinance or resolution adopted by 
 the board of county commissioners.  A veto by the county 
 executive may apply to all or any items of an ordinance or 
 resolution appropriating money.  Certification of a veto must be 
 made by the executive within ten days of the adoption of the 
 ordinance or resolution by the county board and the county board 
 may override the veto by a two-thirds vote of all its members.  
 An ordinance or resolution shall become effective upon approval 
 by the county executive, the expiration of ten days after the 
 adoption of the ordinance or resolution without approval or 
 veto, or the overriding of a veto.  

    Subd. 5.    Chair elected by the board.  The county 
 board shall elect from its numbers a chair of the board who 
 shall preside at all meetings of the board.  

    HIST: 1973 c 542 s 2; 1986 c 444 

     375A.03 County manager plan.  

    Subdivision 1.    County manager.  In a county adopting 
 the county manager plan, the chief executive officer shall be 
 known as the county manager.  The manager shall be chosen by the 
 county board solely on the basis of training, experience and 
 administrative qualifications and need not be a resident of the 
 county at the time of appointment.  The manager shall be 
 appointed for an indefinite period and may be removed by the 
 county board at any time, but after the manager has served as 
 manager for one year the manager may demand written charges and 
 a public hearing on the charges before the county board prior to 
 the date when the final removal takes effect.  Pending such 
 hearing and removal, the county board may suspend the manager 
 from office.  The county board may designate some properly 
 qualified person to perform the duties of the manager during 
 absence or disability.  The county board shall set the salary of 
 the manager and may provide for a termination allowance.  

    The county manager shall be appointed by the county board 
 as soon as practicable after the adoption of the county manager 
 plan.  

    Subd. 2.    Manager as chief administrator.  The county 
 manager shall be the administrative head of the county and shall 
 have all the powers and shall perform all the duties of an 
 administrative or executive nature vested in or imposed upon the 
 board of county commissioners by law or by agreement with any 
 municipality or other subdivision of government and such 
 additional powers as are granted or imposed by the board.  

    Subd. 3.    Powers and duties.  The county manager 
 shall be responsible for the proper administration of the 
 affairs of the county placed in the manager's charge.  By 
 resolution of the county board the manager may serve as the head 
 of any county department created by law or established by the 
 board provided the manager has the qualifications required by 
 law.  The manager's responsibilities shall include, but are not 
 limited to, the following duties: 

    (a) Appoint and hire qualified staff to assist in the 
 performance of duties; 

    (b) Provide for the execution of all ordinances and 
 resolutions of the board and all laws of the state subject to 
 enforcement by the manager or by officers who are under the 
 manager's direction and supervision; 

    (c) Exercise all authority of the board of county 
 commissioners to appoint, suspend, and remove all county 
 personnel whose appointment, suspension, or removal was a 
 function of the county board under general law, make such 
 nominations and appointments to additional offices as the county 
 board may determine and make appointments to such advisory 
 boards and committees as the manager may create; 

    (d) Provide for all county purchases including purchases of 
 services pursuant to purchasing regulations established by the 
 county board, but county purchasing services may be made 
 available for use by other counties and governmental 
 subdivisions; 

    (e) Prepare and submit, if directed by the board to do so, 
 an administrative code incorporating the details of 
 administrative procedure for the operation of the county and 
 from time to time suggest amendments to such code; 

    (f) Prepare and submit to the county board an annual budget 
 and a long-range capital expenditure program covering a period 
 not less than the five ensuing years, each of which shall 
 include detailed estimates of revenue and expenditures and 
 enforce the provisions of the budget when adopted by the county 
 board; 

    (g) Attend all meetings of the county board with the right 
 to take part in the discussions but not to vote and recommend 
 measures for adoption as the manager deems advisable or 
 expedient; and 

    (h) Keep the county board fully advised as to the financial 
 condition and needs of the county and make such other reports 
 from time to time as required by the board or the manager deems 
 advisable.  

    Subd. 4.    Limitation on powers of county board.  
 Neither the county board nor any of its members shall dictate 
 the appointment of any person to office or employment by the 
 county manager, interfere in any manner with the county manager 
 or prevent the county manager from exercising personal judgment 
 in the appointment of officers and employees in the 
 administrative service; but this shall not be construed to 
 prohibit the county board from establishing a personnel 
 administration system governing county employment.  Except for 
 the purpose of inquiry, the county board and its members shall 
 deal with and control the administrative service of the county 
 solely through the county manager and neither the county board 
 nor any of its members shall give orders to any subordinate of 
 the county manager, either publicly or privately.  

    HIST: 1973 c 542 s 3; 1986 c 444 

     375A.04 Conditions relating to elected executive or 
  county manager plan.  

    Subdivision 1.    County board functions.  In any 
 county which has adopted either the elected executive or county 
 manager plan there shall be no board of health as defined in 
 section 145A.02, subdivision 2, library board, park board, 
 hospital board, nursing committee, extension committee, welfare 
 board, community mental health board, day care center board, 
 sheltered workshop board or nursing home board if there be any 
 in the county, or any other administrative board, committee or 
 commission, except for the administration of a function jointly 
 with another political subdivision.  The county board shall 
 itself be and perform the duties and exercise the powers of each 
 board, committee or commission enumerated in this subdivision 
 and shall govern and administer the functions of such boards, 
 committees and commissions as fully as other county functions 
 for the administration of which no independent boards, 
 committees or commissions are authorized by statute for counties 
 generally.  The county board at its discretion may create boards 
 or commissions to advise the county board with respect to any 
 county function or activity or to investigate any subject of 
 interest to the county.  Any such boards, committees or 
 commissions in existence in any county when either the elected 
 executive or county manager plan is adopted shall continue to 
 operate in all respects as formerly until the election and 
 qualification of the first elected county executive or the 
 qualification of the first county manager, at which time they 
 shall cease to exist and their powers shall be vested in the 
 county board.  Any existing civil service commission shall not 
 be affected by the change.  After abandonment of either the 
 elected executive or county manager plans any board, committee 
 or commission authorized by statute in counties generally may be 
 established as provided by law.  

    Subd. 2.    Offices made appointive.  Notwithstanding 
 other provisions of law to the contrary, when a county has 
 adopted either the elected executive or county manager plan, the 
 offices of county auditor, county treasurer, and county recorder 
 are abolished and the offices of county coroner and county 
 surveyor shall be made appointive, unless the changes here 
 enumerated have previously been accomplished or the office in 
 question has been abolished or terminated. Each of the officers 
 whose office has been made appointive shall serve until the 
 officer's term of office expires, or upon the expiration of the 
 officer's present term until the successor is appointed and 
 qualifies.  Each of the officers whose office has been abolished 
 shall serve as the head of any department created to perform the 
 functions formerly performed by this office until the end of the 
 officer's term or the first Monday in January following the next 
 general election after the adoption of the elected executive or 
 county manager plan, whichever occurs first. 

    HIST: 1973 c 542 s 4; 1976 c 181 s 2; 1986 c 444; 1987 c 309 s 
 24 

     375A.05 At-large chair plan.  

    Subdivision 1.    Elected countywide.  Subject to the 
 exclusions cited in section 375A.01, subdivision 2, any county 
 may provide for the office of chair of the board with candidates 
 for the office nominated and elected by all the voters of the 
 county separate and apart from other members of the board, 
 except that the chair of the board selected by this method shall 
 be a member of the county board in all other respects. This 
 option shall be known as the at-large chair plan.  Upon the 
 adoption of the at-large chair plan, the county shall be 
 redistricted to reflect the change in number of commissioners on 
 the board.  Unless a county had adopted either the at-large 
 chair or the elected executive plan, each board shall elect a 
 chair from among its membership pursuant to the provisions of 
 section 375.13.  

    Subd. 2.    County board of five or seven required.  
 The at-large chair plan may be adopted only in those counties 
 which have county boards of five or seven members.  The change 
 to a county board of five or seven members may be instituted 
 concurrently with the change to the at-large chair plan in which 
 case the county board resolution, the study commission 
 recommendation or the petition by the voters initiating the plan 
 shall indicate the number of members to be on the board 
 including the at-large chair.  If the resolution, the 
 recommendation or the petition does not specify the number to be 
 on the board, the board shall consist of the same number, 
 including the at-large chair as before the adoption of an 
 option, unless the number of the board is greater than seven.  
 If the board is less than five, it shall be increased to five; 
 and if greater than seven, it shall be reduced to seven.  

    Subd. 3.    Term, qualifications.  The first at-large 
 chair shall be elected at the county general election following 
 the adoption of the at-large chair plan and every four years 
 thereafter.  The chair shall hold office for a term of four 
 years commencing on the first Monday of January following 
 election.  The chair shall be a resident of the county and shall 
 be nominated and elected by all the voters of the county in the 
 manner provided by law for the election of county officers.  

    Subd. 4.    Salary.  The salary of the at-large chair 
 for the first year of the term shall be set by the county board 
 not less than 30 days before the first day candidates may file 
 for the office; thereafter, the salary of the at-large chair 
 shall be set annually by the county board at the January meeting 
 of the board; provided that the salary of the at-large chair 
 shall not be less than 120 percent of the salary of the highest 
 paid member of the board of county commissioners.  A minimum 
 salary for each subsequent term of the at-large chair shall be 
 fixed by the county board not less than 30 days before the first 
 day candidates may file for the office in an amount not less 
 than the minimum provided in this section.  

    HIST: 1973 c 542 s 5; 1986 c 444 

     375A.06 County administrator. 

    Subdivision 1.    Appointment and qualification.  In 
 any county which is not operating under either the elected 
 county executive plan, the county manager plan, or the 
 auditor-administrator plan, the office of county administrator 
 may be established.  The county board may appoint and employ the 
 administrator upon such terms and conditions as it deems 
 advisable and is authorized to appropriate funds and provide 
 suitable office space for the office.  The administrator shall 
 be chosen solely on the basis of training, experience, and 
 administrative qualifications and need not be a resident of the 
 county at the time of appointment.  The administrator shall be 
 appointed for an indefinite period and may be removed by the 
 county board at any time, but after the administrator has served 
 as administrator for one year the administrator may demand 
 written charges and a public hearing on the charges before the 
 county board prior to the date when final removal takes effect.  
 Pending such hearing and removal, the county board may suspend 
 the administrator from office.  The county board may designate 
 some properly qualified person to perform the duties of the 
 administrator during absence or disability.  The county board 
 shall set a salary and may provide for a termination allowance. 

    Subd. 2.    Other officers may be appointed.  The 
 county board may appoint as county administrator any county 
 officer or employee deemed to be qualified by reason of 
 training, experience and administrative qualifications.  If a 
 county officer or employee is appointed county administrator, 
 the officer or employee shall resign office and terminate its 
 responsibilities before assuming the office of county 
 administrator. 

    Subd. 3.    Abolishing office of administrator.  If the 
 office of county administrator is abolished, any duties and 
 responsibilities previously assigned to the county administrator 
 shall be vested in the officer or department which had 
 responsibility for the function previous to the transfer of the 
 function to the county administrator. 

    Subd. 4.    Administrator, powers and duties.  The 
 county administrator shall be the administrative head of the 
 county and shall be responsible for the proper administration of 
 the affairs of the county placed in the administrator's charge.  
 The administrator shall exercise general supervision over all 
 county institutions and agencies and, with the approval of the 
 county board, coordinate the various activities of the county 
 and unify the management of its affairs.  If required by the 
 county board, the administrator may act as the head of any 
 department, the appointment of which is made by the county 
 board, provided the administrator has the qualifications 
 required by law.  Responsibilities shall include, but are not 
 limited to, the following duties: 

    (a) Hire qualified staff to assist the administrator in the 
 performance of duties as approved by the board; 

    (b) Provide for the execution of all ordinances, 
 resolutions and orders of the board and all laws of the state 
 required to be enforced through the county board, by the 
 administrator or by officers who are under the administrator's 
 direction and supervision; 

    (c) Appoint, suspend, and remove with the approval of the 
 county board all county personnel whose appointment, suspension 
 or removal is a function of the county board under general law 
 and make such appointments with the approval of the county board 
 to additional offices, boards, committees and commissions both 
 advisory and otherwise as the county board may direct; 

    (d) Provide for county purchases including purchases of 
 service as directed by the county board and pursuant to 
 purchasing regulations established by the board; 

    (e) Prepare and submit to the county board a proposed 
 annual budget and long-range capital expenditure program for 
 such period as the county board may direct, each of which shall 
 include detailed estimates of revenue and expenditures and 
 enforce the provisions of the budget when adopted by the county 
 board; 

    (f) Attend all meetings of the county board and recommend 
 measures for adoption as the administrator deems advisable or 
 expedient; 

    (g) Examine the books and papers of officers and 
 departments of the county as directed by the county board and 
 report the findings to the county board, keep the county board 
 fully advised as to the financial condition and needs of the 
 county and make such other reports from time to time as required 
 by the board or the administrator deems advisable. 

    Subd. 5.    Appointment without referendum.  
 Notwithstanding section 375A.12, a county board meeting the 
 requirements of subdivision 1 may without referendum appoint a 
 county administrator as provided in this section. 

    HIST: 1973 c 542 s 6; 1978 c 462 s 1; 1986 c 366 s 1; 1986 c 
 444 

  375A.07 Repealed, 1987 c 164 s 4 

     375A.08 County auditor-administrator plan.  

    Subdivision 1.    Authorization; duties.  Subject to 
 the exclusions recited in section 375A.01, subdivision 2, any 
 county which has not provided for the appointment of the county 
 auditor and has not combined the offices of auditor and 
 treasurer may adopt the auditor-administrator plan.  In any 
 county adopting the county auditor-administrator plan, the 
 elected county auditor shall serve also as county administrator 
 pursuant to section 375A.06 and shall continue to perform all 
 the duties of a county auditor as provided by law, except that 
 the duties of the office of county auditor established by law 
 appertaining to computation of taxes, delinquent taxes and 
 receipt and disbursement of moneys shall be transferred to and 
 vested in the office of county treasurer.  

    Subd. 2.    Election.  In any county adopting the 
 county auditor-administrator plan, the office of county auditor 
 shall become the office of auditor-administrator and the 
 auditor-administrator shall be nominated and elected by all 
 voters of the county in the manner provided by law for the 
 election of county offices.  

    HIST: 1973 c 542 s 8 

     375A.09 Modification of the number and method of 
  election of the county board.  

    Subdivision 1.    General.  Notwithstanding any other 
 provision of law specifying the number of members of the board 
 of county commissioners and except as otherwise provided in 
 sections 375A.01 to 375A.13, any county may alter the number of 
 members on the board of county commissioners in accordance with 
 the provisions of this section.  Until the adoption of a 
 modification of the number of the members of the board of county 
 commissioners, each county shall elect the number of county 
 commissioners by the method in effect for that county on July 1, 
 1973.  Any of the modifications may be adopted or abandoned by a 
 county by following the procedures set forth in sections 375A.01 
 to 375A.13.  

    Subd. 2.    Number of members.  Any county may provide 
 that the board of county commissioners shall consist of three, 
 five, seven or nine members.  

    Subd. 3.    Qualifications.  Every county commissioner 
 shall be a resident of the county and shall be a resident of the 
 district from which nominated and elected.  

    Subd. 4.    Districts; nomination.  The county shall be 
 divided into the number of districts from which commissioners 
 are nominated and elected and the population of the county shall 
 be apportioned to the several districts so that each 
 commissioner represents the same number of persons as nearly as 
 may be possible.  When the number of commissioners has been 
 changed, the county board shall proceed to redistrict the county 
 accordingly and it shall follow as nearly as possible the times 
 and procedures specified in section 375.025, including 
 determining the two year and four year terms first assigned to 
 districts in order to provide as nearly as possible for an equal 
 number of overlapping four year terms in the future.  The 
 resolution redistricting the county shall be adopted not less 
 than 30 days before the first day candidates may file for the 
 office of county commissioner.  Commissioners to be elected 
 pursuant to the modification of the county board shall be 
 elected at the general election following the adoption of the 
 modification. 

    HIST: 1973 c 542 s 9; 1976 c 239 s 113; 1986 c 444 

     375A.10 Options relating to certain county offices. 

    Subdivision 1.    General.  Notwithstanding the 
 provisions of any other law to the contrary and in addition to 
 the other options provided by sections 375A.01 to 375A.13, any 
 county may adopt one or more of the options provided for in this 
 section.  Until the adoption of any one or more of the options 
 herein enumerated, each county shall operate under the plan of 
 county government relating to the county offices enumerated in 
 this section which was in effect for that county on July 1, 1973.

    Subd. 2.    Certain offices.  In addition to the other 
 options provided by sections 375A.01 to 375A.13, any county may 
 institute one or more of the following options; except that a 
 county which has adopted the auditor-administrator plan may not 
 provide for the appointment of the auditor or the consolidation 
 of the offices of auditor and treasurer while the 
 auditor-administrator plan is in force: 

    (a) Provide for the appointment of one or more of the 
 following offices if they have not been abolished by the 
 adoption of other options:  County auditor, county treasurer, 
 sheriff, or county recorder; 

    (b) Provide for the office of county civil counsel; 

    (c) Consolidation of the offices of county auditor and 
 treasurer.  

    Subd. 3.    Appointment.  In any county exercising the 
 option provided in subdivision 2, clause (a), relating to the 
 offices of county auditor, county treasurer, sheriff, or county 
 recorder, the offices shall be filled by appointment by the 
 board of county commissioners unless the office is hereafter 
 abolished or terminated as provided by law or pursuant to a 
 reorganization or consolidation.  The duties, functions and 
 responsibilities which have been heretofore and which shall be 
 hereafter required by statute to be performed by the elected 
 officials whose offices are to be made appointive shall be 
 vested in and performed by the board of county commissioners of 
 that county through department heads appointed by the board for 
 that purpose.  In effecting this option, the board of county 
 commissioners shall have the authority to initiate and direct 
 any reorganization, consolidation, reallocation or delegation of 
 such duties, functions or responsibilities for the purpose of 
 promoting efficiency in county government and make such other 
 administrative changes including abolishing or terminating the 
 offices or the transfer of personnel, as are deemed necessary 
 for this purpose without diminishing, prohibiting, or avoiding 
 those specific duties required by statute to be performed by 
 those officials.  The officer elected to the respective office 
 at the time of the adoption of this option shall serve as the 
 head of any department created by the board of county 
 commissioners to perform the functions formerly performed by the 
 office and shall serve until the term of office expires.  

    Subd. 4.    County counsel; county prosecution.  In any 
 county exercising the option provided in subdivision 2, clause 
 (b), the county board is authorized to establish the office of 
 county civil counsel and may by resolution appoint an attorney 
 at law to the office; provided that if a county adopts either 
 the elected executive or the county manager plan, the county 
 civil counsel shall be appointed and removed by the elected 
 executive or county manager, subject to the approval of the 
 county board.  The county board shall determine the compensation 
 for the county counsel.  If a county counsel is appointed, the 
 county attorney shall continue to exercise all duties relating 
 to the prosecution of crimes as provided by law.  The county 
 counsel shall be the legal advisor to the county board and 
 county officials involving any official act of a civil nature.  
 The county counsel shall prosecute and defend all civil actions 
 and proceedings in which the county or any officer is concerned 
 in official capacity or is a party.  County counsel shall 
 perform such additional and related duties as may be prescribed 
 by law and directed by the county board.  The county counsel and 
 the county attorney may apply for and shall receive opinions 
 from the attorney general on matters of public importance as 
 provided in section 8.07.  

    Subd. 5.    Auditor-treasurer.  In any county exercising 
 the option provided in subdivision 2, clause (c), the office 
 shall be known thereafter as the office of auditor-treasurer, if 
 the office is to remain elective.  If the board chooses to make 
 the office of auditor-treasurer elective, and not require a 
 referendum, it must act with the concurrence of 80 percent of 
 its members. 

    In the exercise of this option, the county board shall 
 direct which of the offices of auditor or treasurer shall be 
 terminated for the purpose of providing for the election to the 
 single office of auditor-treasurer.  The duties, functions and 
 responsibilities which have been heretofore and which shall 
 hereafter be required by statute to be performed by the county 
 auditor and the county treasurer shall be vested in and 
 performed by the auditor-treasurer without diminishing, 
 prohibiting or avoiding those specific duties required by 
 statute to be performed by the county auditor and the county 
 treasurer. 

    Nothing in this subdivision shall preclude the county from 
 exercising the option to make the combined office of 
 auditor-treasurer appointive as if it had been specifically 
 enumerated in subdivision 2.  If the combined office is to be 
 appointive, a referendum under section 375A.12 shall be 
 necessary. 

    If the combined office is to be elective, a referendum 
 under section 375A.12 shall be necessary if: 

    (a) the county board requires a referendum; or 

    (b) a referendum is required by a petition of a number of 
 voters equal to ten percent of those voting in the county at the 
 last general election that is received by the county auditor 
 within 30 days after the second publication of the board 
 resolution that orders the combination. 

    The persons last elected to the positions of auditor and 
 treasurer before adoption of the resolution shall serve in those 
 offices and perform the duties of those offices until the 
 completion of the terms to which they were elected. 

    Subd. 6.    Oaths, bonds.  When any of the offices 
 referred to in this section are combined or consolidated, the 
 person filling the combined office shall take the oath of each 
 office and shall give the bond required by the county board 
 provided that if one of the offices combined is the office of 
 county treasurer, the bond shall be in an amount not less than 
 that required of a county treasurer in that county.  

    HIST: 1973 c 542 s 10; 1976 c 181 s 2; 1986 c 444; 1993 c 75 s 
 1 

     375A.11 Consolidation of the duties of county offices. 

    Subdivision 1.    Procedure.  Without restriction of 
 the authority of the county board to assign additional duties to 
 the county auditor, county treasurer, court administrator of the 
 district court and county recorder for which additional 
 compensation may be paid, and provided that the office of county 
 auditor, county treasurer, court administrator of district 
 court, county attorney, sheriff or county recorder may not be 
 consolidated with another elective office listed in this 
 subdivision except pursuant to the provisions of section 
 375A.10, the county board may consolidate the duties of any two 
 or more county offices and may provide additional compensation 
 for the additional duties.  The county board shall effect a 
 consolidation by ordinance and may by this means consolidate any 
 two or more county offices provided that the person holding the 
 consolidated office possesses the qualifications required by law.

    Subd. 2.    Performance of duties.  If the duties of 
 officers are consolidated pursuant to this section, the county 
 board by ordinance may elect to separate the duties so 
 consolidated and reconsolidate them in any other manner 
 permitted by law or separate the duties without reconsolidation 
 and provide that the duties of each office shall be performed by 
 a separate person, if it deems the change to be in the public 
 interest.  When the duties of offices are united and 
 consolidated, the person filling the consolidated offices shall 
 take the oath of each office and give the bond required by the 
 county board for each office and shall discharge all the duties 
 pertaining to each office.  

    Subd. 3.    Vacancies in certain elective offices.  (a) 
 If any of the offices of county auditor, treasurer or county 
 recorder shall become vacant before the expiration of the term 
 for the office, a county board may appoint either of the holders 
 of the other two offices to fill the vacancy for the unexpired 
 term.  The board may provide additional compensation for the 
 added duties imposed on the appointee by virtue of holding two 
 offices for that period.  If the office of county auditor or 
 treasurer becomes vacant, the county board may initiate a 
 referendum by resolution to consolidate the two offices into one 
 elected office.  The referendum shall be conducted according to 
 section 375A.12, subdivisions 4 and 5. 

    (b) The authority granted by clause (a) shall be in 
 addition to the authorities granted by existing law or statute 
 and by the provisions of sections 375A.01 to 375A.13 relating to 
 consolidation and appointment of county offices; the authority 
 granted by this subdivision may be exercised notwithstanding any 
 prohibitions against the holding of two offices that may exist 
 in the laws or statutes of this state. 

    HIST: 1973 c 542 s 11; 1976 c 181 s 2; 1986 c 399 art 1 s 24; 
 1986 c 416 s 6; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     375A.12 Method of adopting options. 

    Subdivision 1.  Except as otherwise provided in sections 
 375A.01 to 375A.13 the options provided in sections 375A.01 to 
 375A.10 shall be adopted in the manner and at the times 
 specified in this section.  

    Subd. 2.    Form of government options.  The options 
 provided in sections 375A.01 to 375A.10 shall be adopted in any 
 county only after an affirmative vote of the voters in the 
 county on the question of the adoption of the option.  Except as 
 provided in section 375A.01, only one such plan may be submitted 
 at any one election.  

    Subd. 3.    Referenda; procedure.  Any referendum 
 required to be held as a condition of the adoption of an option 
 may be initiated by a resolution by the county board, a 
 recommendation of a county government study commission or a 
 petition signed by voters equal in number to five percent of the 
 electors voting at the last previous election for the office of 
 governor requesting that a referendum be held on the adoption of 
 one or more of the options provided in sections 375A.01 to 
 375A.10.  If a study commission has been established, a 
 referendum on an option may not be initiated by a resolution of 
 the county board or a petition of voters until after the study 
 commission has completed its study provided for in section 
 375A.13, subdivision 3.  

    Subd. 4.    Conduct of election.  When a referendum is 
 required to be held, the county auditor shall conduct the 
 referendum following the procedures provided in section 375.20, 
 as far as practicable, and not inconsistent with sections 
 375A.01 to 375A.10.  The referendum may be held at any primary, 
 general or special election held not less than 30 days before 
 the first day on which candidates may file for county office.  

    Subd. 5.    Form of ballot.  In the submission of any 
 proposal pursuant to subdivision 2 the ballot shall be 
 substantially in the following form: 

    (...) FOR the proposal (describe briefly the change 
 proposed) 

    (...) AGAINST the proposal (describe briefly the change 
 proposed) 

    Subd. 6.    Optional forms; abandonment.  Any optional 
 plan or other option provided for in sections 375A.01 to 375A.13 
 may be abandoned by the same procedures required for the 
 adoption of the optional plan or the option.  Except as 
 otherwise provided in sections 375A.01 to 375A.13 any plan or 
 option shall remain in effect until abandoned or another plan or 
 option is adopted, but a plan or option shall remain in effect 
 not less than three years after its adoption before proceedings 
 to abandon may be commenced, except that options consistent with 
 the at-large chair plan and the administrator plan may be 
 adopted at any time after either the at-large chair plan or the 
 administrator plan has been adopted.  

    HIST: 1973 c 542 s 12; 1986 c 399 art 1 s 25,26; 1986 c 416 s 
 7,8; 1986 c 444; 1998 c 349 s 1 

     375A.121 Modifying the duties of county auditor and 
  treasurer. 

    A county board, with the concurrence of the county auditor 
 and treasurer, may by resolution assign to the county treasurer 
 all or some of the duties of the county auditor in sections 
 272.115, 272.12, 272.121, 279.02, 279.025, and 279.03.  A county 
 board, with the concurrence of the county auditor and treasurer, 
 may assign to the county auditor all or some of the duties of 
 the county treasurer in sections 272.115, 272.12, 272.121, 
 279.02, 279.025, and 279.03.  If any duties of the county 
 auditor or the county treasurer are assigned under this section, 
 the county board shall notify the commissioner of revenue of the 
 assignment of duties.  A county board may not rescind its 
 assignment of duties under this section for at least two years 
 after the initial resolution of assignment of duties.  Upon the 
 election of a county auditor or treasurer, the elected official 
 may require that the duties of the county auditor and treasurer 
 be reestablished as provided by sections 272.115, 272.12, 
 272.121, 279.02, 279.025, and 279.03. 

    HIST: 1997 c 89 s 1 

     375A.13 County government study commission. 

    Subdivision 1.    Appointment by county judge.  A 
 county government study commission hereinafter called "the 
 commission" may be established in any county as provided in this 
 section to study the form and structure of county government in 
 the county and other counties both within and outside this state 
 and, if deemed advisable by the commission, recommend to the 
 voters of the county the adoption of any of the optional forms 
 of county government contained in sections 375A.01 to 375A.13.  
 The commission shall be established upon presentation of a 
 petition requesting such action signed by voters equal in number 
 to five percent of the electors voting at the last previous 
 election for the office of governor or a resolution of the board 
 of county commissioners of the county requesting such action.  
 Appointments to the commission shall be made by order filed with 
 the court administrator of the district court of the county and 
 shall be made by the senior county judge having chambers in the 
 county.  If there be no judge having chambers in the county, 
 appointments shall be made by the chief judge of the judicial 
 district.  The number on the study commission shall be set by 
 the appointing judge but not to exceed 15.  A noncommissioner 
 from each commissioner district shall be appointed to a study 
 commission.  In addition three members shall be county 
 commissioners and two shall be elected county officials.  An 
 appointee who neglects to file with the court administrator 
 within 15 days a written acceptance shall be deemed to have 
 declined the appointment and the place shall be filled as though 
 the appointee had resigned.  Vacancies in the commission shall 
 be filled as in the case of original appointments.  The county 
 board, the commission, or the petitioners requesting the 
 appointment of the commission may submit to the appointing judge 
 the names of eligible nominees which the appointing judge may 
 consider in making appointments to the commission.  

    Subd. 2.    Compensation; expenses.  The members of the 
 commission shall serve without compensation but may be 
 reimbursed their necessary expenses in carrying out the business 
 of the commission.  The commission may employ and determine the 
 compensation of such staff as it deems necessary.  The necessary 
 expenses of the commission and the cost of printing the 
 commission's report and recommendations shall be paid by the 
 county if so ordered by the commission.  The amount of 
 reasonable and necessary commission expenses that shall be so 
 paid by the county shall not exceed in any one year the sum of 
 $5,000 but the county board may authorize additional commission 
 expenses as it deems necessary.  The county board may levy a tax 
 annually on the taxable property in the county to pay such 
 expenses.  

    Subd. 3.    Duration.  The commission's activity shall 
 be limited to one year from the date of the order of the 
 appointing judge but the appointing judge may extend the 
 duration of the committee's activities for such period as the 
 judge shall determine but not to exceed one year.  

    Subd. 4.    Commission reports.  The commission shall 
 file its final report not later than one year after the 
 commission is established unless its activity is extended by the 
 appointing judge, in which case the final report shall be filed 
 on or before the last day of the extension.  The commission may 
 file a partial report at any time.  Commission reports shall be 
 signed by not less than a majority of the members of the 
 commission and shall state the scope of its study and its 
 recommendations that a change is not necessary or desirable or 
 that one or more of the options provided in sections 375A.01 to 
 375A.13 be implemented but may include such other conclusions or 
 recommendations as the commission determines.  If the report 
 contains a recommendation that a referendum be held on an 
 option, the referendum shall be held as provided in section 
 375A.12.  

    Subd. 5.    Successive commissions authorized.  After a 
 study commission has filed its final report a new study 
 commission may be established but not before three years shall 
 have expired after the filing of the commission report unless 
 the appointing judge concurs in the request for the appointment 
 of a new study commission.  

    HIST: 1973 c 542 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1994 c 505 art 2 s 5