2005 Minnesota Statutes

     384.03 Malfeasance; suspension.  

    If any county auditor shall fail to make settlement or pay 
 over all moneys with which the auditor stands charged, at the 
 time and in the manner prescribed by law, or misapplies any 
 money handled in the discharge of official duties, the county 
 board shall commence an action against the auditor and the 
 auditor's sureties, and cause a copy of the complaint in such 
 action to be forthwith furnished to the governor; and, if it 
 alleges any of the acts hereinbefore recited, the governor shall 
 suspend such auditor temporarily, and cite the auditor to appear 
 and show cause why the suspension should not continue during the 
 pendency of the action.  At the hearing either party may produce 
 competent evidence by affidavits or otherwise and if there 
 appear to be reasonable grounds to support the complaint, the 
 suspension shall be continued during the pendency of the action; 
 otherwise such auditor shall be restored to office.  If 
 restored, the auditor shall not be deprived of salary during the 
 period of suspension and the auditor's reasonable expenses in 
 defending against the charges on the hearing before the governor 
 shall be paid by the county.  If, upon the trial of such action, 
 the auditor is adjudged guilty of any neglect of duty or offense 
 charged in the complaint, the office shall be deemed vacant.  

    HIST: (827) RL s 483; 1986 c 444