2005 Minnesota Statutes

     385.373 Salaries, fees, budget; counties under 75,000; 
  appeals. 

    Subdivision 1.    Salary schedule.  The county 
 treasurers in all counties of the state, with less than 75,000 
 inhabitants according to the 1960 federal census, shall receive 
 as full compensation for services rendered by them for their 
 respective counties, annual salaries, not less than the 
 following amounts based on the population according to the then 
 last preceding federal census: 

    (1) in counties with less than 10,000 inhabitants, $6,000; 

    (2) in counties with 10,000 but less than 20,000 
 inhabitants, $6,500; 

    (3) in counties with 20,000 but less than 30,000 
 inhabitants, $7,000; 

    (4) in counties with 30,000 but less than 40,000 
 inhabitants, $7,500; 

    (5) in counties with 40,000 or more inhabitants, $8,000; 

    Subd. 1a.    Implementation.  (a) The county board of 
 each of the counties specified in subdivision 1 annually shall 
 set by resolution the salary of the county treasurer which shall 
 be paid to the county treasurer at such intervals as the board 
 shall determine but not less often than once each month.  

    (b) At the January meeting prior to the first date on which 
 applicants may file for the office of county treasurer the board 
 shall set by resolution the minimum salary to be paid the county 
 treasurer for the term next following. 

    (c) In the event a vacancy occurs in the office of county 
 treasurer the board may set the annual salary for the remainder 
 of the calendar year at an amount less than was set for that 
 year. 

    (d) The board in no case may set the annual salary at an 
 amount less than the minimums provided in this subdivision but 
 it may set the salary in excess of the minimums. 

    (e) The salary of the county treasurer shall not be reduced 
 during the term for which the treasurer was elected or appointed.

    (f) In the event that duties are assigned to the treasurer 
 which are in addition to duties as treasurer, additional 
 compensation may be provided for the additional duties.  The 
 county board by resolution shall determine the additional 
 compensation which shall be paid and specify the duties for 
 which the additional compensation is to be paid.  

    Subd. 2.  Repealed, 1975 c 301 s 16 

    Subd. 3.    Other salary laws.  This section shall not 
 be construed as repealing any existing law which provides for a 
 higher minimum salary in any county than the amount provided in 
 subdivision 1, but shall be deemed to supersede the provisions 
 of any act setting a maximum salary for the county treasurer in 
 any of the counties specified in subdivision 1.  

    Subd. 4.  Repealed, 1951 c 327 s 6 

    Subd. 5.    Fees, mileage, expense allowance.  The 
 county treasurer shall charge and collect all fees as prescribed 
 by law and all such fees collected shall be paid to the county 
 in the manner and at the times prescribed by the county board, 
 but not less often than once each month.  The county treasurer 
 shall not retain any additional compensation, per diem or other 
 emolument for services as county treasurer, but may receive and 
 retain mileage and expense allowances as prescribed by law.  

    Subd. 6.    Budget.  (a) The county board by resolution 
 shall provide the budget for: 

    (1) the salaries of deputies, clerks and other employees in 
 the office of the county treasurer; 

    (2) other expenses necessary in the performance of the 
 duties of said office; and 

    (3) the payment of premiums of any bonds required of any 
 deputy, clerk or employee in said office 

 and the board is authorized to appropriate funds therefor and 
 for the salary of the county treasurer. 

    (b) Nothing in this subdivision shall limit the right of 
 the county treasurer to appoint deputies for said office as 
 provided in Minnesota Statutes 1961, section 385.02.  

    Subd. 7.    Salary, budget appeals.  The county 
 treasurer if dissatisfied with the action of the county board in 
 setting the amount of the treasurer's salary or the amount of 
 the budget for the office of county treasurer, may appeal to the 
 district court on the grounds that the determination of the 
 county board in setting such salary or budget was arbitrary, 
 capricious, oppressive or in unreasonable disregard for the 
 responsibilities and duties of said office, and the treasurer's 
 experience, qualifications, and performance.  The appeal shall 
 be taken within 15 days after the date of the resolution setting 
 such salary or budget by serving a notice of appeal on the 
 county auditor and filing same with the court administrator of 
 the district court.  The court either in term or vacation and 
 upon ten days' notice to the chair of the board shall hear such 
 appeal.  On the hearing of the appeal the court shall review the 
 decision or resolution of the board in like manner as though 
 reviewed by certiorari, except new or additional evidence may be 
 taken.  The court may order the officer appealing and the board 
 to submit briefs or other memoranda and may dispose of the 
 appeal on such writings.  If the court shall find that the board 
 acted in an arbitrary, capricious, oppressive or unreasonable 
 manner it shall remand the matter to the county board for 
 further action consistent with the court's finding.  

    Subd. 8.    When this section takes effect.  The 
 provisions of subdivisions 1 to 7 shall take effect in the 
 respective counties specified in subdivision 1 as follows: 

    (1) upon the expiration of the term of the incumbent 
 holding the office on July 1, 1965; or 

    (2) upon the occurrence prior thereto of a vacancy in the 
 office of county treasurer; or 

    (3) subsequent to July 1, 1965, and upon not less than 30 
 days' written notice by the treasurer, the county board shall 
 make the provisions of subdivisions 1 to 7 effective on the 
 first day of the month following the expiration of the notice 
 period.  

    Subd. 9.    Inconsistent law superseded.  All laws 
 relating to the salary, fees and clerk hire for the county 
 treasurer inconsistent herewith are superseded.  

    HIST: 1945 c 329 s 1; 1949 c 399 s 1-4; 1951 c 329 s 2; 1965 c 
 838 s 1-6; 1967 c 388 s 3,4; 1985 c 281 s 7; 1986 c 444; 1Sp1986 
 c 3 art 1 s 82