HF 2753

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to Carlton county; permitting the appointment 
  1.3             of the county recorder. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [RECORDER MAY BE APPOINTED.] 
  1.6      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.7   adoption of a resolution by the Carlton county board of 
  1.8   commissioners, the office of county recorder in the county is 
  1.9   not elective but must be filled by appointment by the county 
  1.10  board as provided in the resolution.  Before the county board 
  1.11  may adopt a resolution under this section, the board must hold a 
  1.12  public hearing on the proposal to appoint the county recorder. 
  1.13     Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  1.14  DONE.] 
  1.15     Upon adoption of a resolution by the Carlton county board 
  1.16  of commissioners and subject to sections 3 and 4, the duties of 
  1.17  the elected official required by statute whose office is made 
  1.18  appointive as authorized by this act must be discharged by the 
  1.19  board of commissioners of Carlton county acting through a 
  1.20  department head appointed by the board for that purpose.  A 
  1.21  reorganization, reallocation, or delegation or other 
  1.22  administrative change or transfer does not diminish, prohibit, 
  1.23  or avoid the discharge of duties required by statute. 
  1.24     Sec. 3.  [APPOINTEE TO VACANCY.] 
  2.1      The person appointed to fill the vacancy in the office 
  2.2   following the retirement in December 2000 of the elected 
  2.3   recorder may continue to serve until the county board exercises 
  2.4   its authority under this act or until a recorder is elected at 
  2.5   the end of the term being filled by appointment. 
  2.6      Sec. 4.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
  2.7      The county board may provide for the appointment of the 
  2.8   county recorder as permitted in this act without an affirmative 
  2.9   vote of the voters of the county if the resolution to make the 
  2.10  office appointed is approved by 80 percent of the members of the 
  2.11  county board.  Before the adoption of the resolution, the county 
  2.12  board must publish a resolution notifying the public of its 
  2.13  intent to consider adopting the option once each week for two 
  2.14  consecutive weeks in the official publication of the county.  
  2.15  Following the publication, the county board shall provide an 
  2.16  opportunity at its next regular meeting for public comment 
  2.17  relating to the option, prior to formally adopting the option.  
  2.18  The option may be implemented without the submission of the 
  2.19  question of its implementation to the voters of the county, 
  2.20  unless within 30 days after the second publication of the 
  2.21  resolution, a petition requesting a referendum, signed by at 
  2.22  least ten percent of the registered voters of the county, is 
  2.23  filed with the county auditor.  If a petition is filed, the 
  2.24  option may be implemented unless disapproved by a majority of 
  2.25  the voters of the county voting on the question at a regular or 
  2.26  special election. 
  2.27     Sec. 5.  [EFFECTIVE DATE.] 
  2.28     This act is effective the day after the governing body of 
  2.29  Carlton county and its chief clerical officer timely complete 
  2.30  their compliance with Minnesota Statutes, section 645.021, 
  2.31  subdivisions 2 and 3.