HF 2028

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing a process for 
  1.3             making certain offices appointive in Pope and Lac qui 
  1.4             Parle Counties. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [POPE COUNTY OFFICERS MAY BE APPOINTED.] 
  1.7      Subdivision 1.  [AUTHORITY TO MAKE OFFICE APPOINTIVE.] 
  1.8   Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.9   adoption of a resolution by the Pope County Board of 
  1.10  Commissioners, the offices of county recorder and county 
  1.11  auditor-treasurer are not elective but must be filled by 
  1.12  appointment by the county board as provided in the resolution. 
  1.13     Subd. 2.  [BOARD CONTROLS; MAY CHANGE AS LONG AS DUTIES 
  1.14  DONE.] Upon adoption of a resolution by the Pope County Board of 
  1.15  Commissioners and subject to subdivisions 3 and 4, the duties of 
  1.16  an elected official required by statute whose office is made 
  1.17  appointive as authorized by this section must be discharged by 
  1.18  the Board of Commissioners of Pope County acting through a 
  1.19  department head appointed by the board for that purpose.  A 
  1.20  reorganization, reallocation, or delegation or other 
  1.21  administrative change or transfer does not diminish, prohibit, 
  1.22  or avoid the discharge of duties required by statute. 
  1.23     Subd. 3.  [INCUMBENTS TO COMPLETE TERM.] The person elected 
  1.24  at the last general election to an office made appointive under 
  1.25  this section must serve in that capacity and perform the duties, 
  2.1   functions, and responsibilities required by statute until the 
  2.2   completion of the term of office to which the person was elected 
  2.3   or until a vacancy occurs in the office, whichever occurs 
  2.4   earlier. 
  2.5      Subd. 4.  [PUBLISHING RESOLUTION; PETITION, 
  2.6   REFERENDUM.] The county board may provide for the appointment of 
  2.7   a county office as permitted in this section if the resolution 
  2.8   to make the office appointive is approved by at least 80 percent 
  2.9   of the members of the county board.  Before the adoption of the 
  2.10  resolution, the county board must publish a resolution notifying 
  2.11  the public of its intent to consider the option once each week 
  2.12  for two consecutive weeks in the official publication of the 
  2.13  county.  Following the publication, the county board shall 
  2.14  provide an opportunity at its next regular meeting for public 
  2.15  comment relating to the option, prior to formally adopting the 
  2.16  option.  The resolution may be implemented without the 
  2.17  submission of the question to the voters of the county unless, 
  2.18  within 30 days after the second publication of the resolution, a 
  2.19  petition requesting a referendum, signed by at least ten percent 
  2.20  of the registered voters of the county, is filed with the county 
  2.21  auditor.  If a petition is filed, the resolution may be 
  2.22  implemented unless disapproved by a majority of the voters of 
  2.23  the county voting on the question at a regular or special 
  2.24  election. 
  2.25     Subd. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] This section is 
  2.26  effective the day after the governing body of Pope County and 
  2.27  its chief clerical officer timely complete their compliance with 
  2.28  Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
  2.29     Sec. 2.  [LAC QUI PARLE COUNTY; AUDITOR, TREASURER, 
  2.30  RECORDER MAY BE APPOINTED.] 
  2.31     Subdivision 1.  [AUTHORITY TO MAKE OFFICES APPOINTIVE.] 
  2.32  Notwithstanding Minnesota Statutes, section 382.01, upon 
  2.33  adoption of a resolution by the Lac qui Parle County Board of 
  2.34  Commissioners, any or all of the offices of county auditor, 
  2.35  county treasurer, and county recorder are not elective but must 
  2.36  be filled by appointment by the county board as provided in the 
  3.1   resolution. 
  3.2      Subd. 2.  [BOARD CONTROLS; MAY CHANGE AS LONG AS DUTIES 
  3.3   DONE.] Upon adoption of a resolution by the Lac qui Parle County 
  3.4   Board of Commissioners and subject to subdivisions 3 and 4, the 
  3.5   duties of the elected official required by statute whose office 
  3.6   is made appointive as authorized by this section must be 
  3.7   discharged by the Board of Commissioners of Lac qui Parle County 
  3.8   acting through a department head appointed by the board for that 
  3.9   purpose.  A reorganization, reallocation, or delegation or other 
  3.10  administrative change or transfer does not diminish, prohibit, 
  3.11  or avoid the discharge of duties required by statute. 
  3.12     Subd. 3.  [INCUMBENTS TO COMPLETE TERM.] The person elected 
  3.13  at the last general election to a position made appointed under 
  3.14  this section must serve in that capacity and perform the duties, 
  3.15  functions, and responsibilities required by statute until the 
  3.16  completion of the term of office to which the person was elected 
  3.17  or until a vacancy occurs in the office, whichever occurs 
  3.18  earlier. 
  3.19     Subd. 4.  [PUBLISHING RESOLUTION; PETITION, 
  3.20  REFERENDUM.] The county board may provide for the appointment of 
  3.21  the county auditor, county treasurer and the county recorder as 
  3.22  permitted in this section if the resolution to make the office 
  3.23  appointed is approved by 80 percent of the members of the county 
  3.24  board.  Before the adoption of the resolution, the county board 
  3.25  must publish a resolution notifying the public of its intent to 
  3.26  consider adopting the option once each week for two consecutive 
  3.27  weeks in the official publication of the county.  Following the 
  3.28  publication, the county board shall provide an opportunity at 
  3.29  its next regular meeting for public comment relating to the 
  3.30  option, prior to formally adopting the option.  The resolution 
  3.31  may be implemented without the submission of the question to the 
  3.32  voters of the county unless, within 30 days after the second 
  3.33  publication of the resolution, a petition requesting a 
  3.34  referendum, signed by at least ten percent of the registered 
  3.35  voters of the county, is filed with the county auditor.  If a 
  3.36  petition is filed, the resolution may be implemented unless 
  4.1   disapproved by a majority of the voters of the county voting on 
  4.2   the question at a regular or special election. 
  4.3      Subd. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] This section is 
  4.4   effective the day after the governing body of Lac qui Parle 
  4.5   County and its chief clerical officer timely complete their 
  4.6   compliance with Minnesota Statutes, section 645.021, 
  4.7   subdivisions 2 and 3.