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HF 2359

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/20/2012 05:54pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to counties; requiring retention elections for persons appointed to certain
county offices; providing a process for making the county recorder appointive
in Dodge County; amending Minnesota Statutes 2010, section 375A.12, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 375A.12, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Retention election on appointee. new text end

new text begin (a) At the first general election after the
effective date of this section, for any office made an appointed office after the effective
date of this section, the county must at the first general election following appointment
hold an election on whether to retain the person appointed. If the voters do not approve
retention of the person appointed to the position, the appointee may stay in the position
only until January 1 immediately following the election, at which time the county board
of commissioners must appoint another person to the position. If the voters approve
retention of the person appointed to the position, the county may retain the person and
shall hold a retention election at a general election every four years while the same person
holds the appointed office.
new text end

new text begin (b) The ballot question shall be:
new text end

new text begin "May the county board retain [name] as the person appointed and responsible for the
functions of [county office title]?
new text end

new text begin Yes
.
new text end
new text begin No . "
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin DODGE COUNTY RECORDER MAY BE APPOINTED.
new text end

new text begin Subdivision 1. new text end

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

new text begin Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Dodge County Board
of Commissioners, the office of county recorder is 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 county board of commissioners and subject to subdivisions 3 and 4,
the duties of an elected official required by statute whose office is made appointive as
authorized by this section must be discharged by the county board of commissioners
acting through a department head appointed by the board for that purpose. Reorganization,
reallocation, 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 an office 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 (a) Before the adoption
of the resolution to provide for the appointment of the county recorder, the county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county.
Following publication and prior to formally adopting the resolution, the county board shall
provide an opportunity at its next regular meeting for public comment relating to the issue.
After the public comment opportunity, at the same meeting or a subsequent meeting, the
county board of commissioners may adopt a resolution that provides for the appointment
of the county recorder as permitted in this section. The resolution must be approved by
at least 80 percent of the members of the county board. The resolution may take effect
60 days after it is adopted, or at a later date stated in the resolution, unless a petition is
filed as provided in paragraph (b).
new text end

new text begin (b) Within 60 days after the county board adopts the resolution, a petition requesting
a referendum may be filed with the county auditor-treasurer. The petition must be signed
by at least ten percent of the registered voters of the county. The petition must meet
the requirements of the secretary of state, as provided in Minnesota Statutes, section
204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
question of appointing the county recorder must be placed on the ballot at a regular or
special election. If a majority of the voters of the county voting on the question vote in
favor of appointment, the resolution may be implemented.
new text end

new text begin Subd. 5. new text end

new text begin Reverting to elected offices. new text end

new text begin (a) The county board may adopt a resolution
to provide for the election of an office made an appointed position under this section, but
not until at least three years after the office was made an appointed position. The county
board must publish a proposed resolution notifying the public of its intent to consider the
issue once each week for two consecutive weeks in the official publication of the county.
Following publication and before formally adopting the resolution, the county board must
provide an opportunity at its next regular meeting for public comment relating to the
issue. After the public comment hearing, the county board may adopt the resolution. The
resolution must be approved by at least 60 percent of the members of the county board and
is effective August 1 following adoption of the resolution.
new text end

new text begin (b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election
if (1) the position has been an appointed position for at least three years, (2) a petition
signed by at least ten percent of the registered voters of the county is filed with the office
of the county auditor-treasurer by August 1 of the year in which the general election is
held, and (3) the petition meets the requirements of the secretary of state, as provided in
Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
If a majority of the voters of the county voting on the question vote in favor of making
the office an elected position, the election for that office must be held at the next regular
or special election.
new text end

new text begin EFFECTIVE DATE. new text end

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