HF 2170

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

A bill for an act
relating to local government; authorizing Carver
County to make the offices of county auditor,
treasurer, and recorder appointive offices.

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

Section 1. new text begin CARVER COUNTY; AUDITOR, TREASURER, RECORDER
MAY BE APPOINTED.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to make offices appointive.
new text end

new text begin Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Carver County Board of
Commissioners, all of the offices of county auditor, county
treasurer, and county recorder are not elective but must be
filled by appointment by the county board as provided in the
resolution.
new text end

new text begin Subd. 2. new text end

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 Carver County Board
of Commissioners and subject to subdivisions 3 and 4, the duties
of the elected official required by statute whose office is made
appointive as authorized by this section must be discharged by
the Board of Commissioners of Carver County acting through a
division 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

new text begin Subd. 3. new text end

new text begin Incumbents to complete term. new text end

new text begin The person elected
at the last general election to a position made appointive under
this section must serve in that capacity and perform the duties,
functions, and responsibilities required by statute until the
completion of the term of office to which the person was elected
or until a vacancy occurs in the office, whichever occurs
earlier.
new text end

new text begin Subd. 4. new text end

new text begin Publishing resolution; petition,
referendum. new text end

new text begin The county board may provide for the appointment of
the county auditor, county treasurer, and the county recorder as
permitted in this section if the resolution to make the office
appointive is approved by at least 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 resolution may be implemented without the submission of the
question 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 resolution 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

new text begin Subd. 5. new text end

new text begin Effective date; local approval. new text end

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