HF 2495

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

A bill for an act
relating to local government; providing a process for
making certain county offices appointive in Lac qui
Parle County.

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

Section 1. new text begin LAC QUI PARLE 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 Lac qui Parle County Board of
Commissioners, any or 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 Lac qui Parle 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 Lac qui Parle County
acting through a department 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 appointed 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 county recorder as
permitted in this section if the resolution to make the office
appointed is approved by 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 Lac qui Parle
County and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end