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Minnesota Legislature

Office of the Revisor of Statutes

HF 2773

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 10:13am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to counties; limiting the ability of certain county officers to appeal
compensation or budgets set by the county board; removing obsolete language;
amending Minnesota Statutes 2016, sections 384.151, subdivision 7; 385.373,
subdivision 7; 386.015, subdivision 7; 387.20, subdivision 7; 388.18, subdivision
6.

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

Section 1.

Minnesota Statutes 2016, section 384.151, subdivision 7, is amended to read:


Subd. 7.

Salary, budget appeals.

deleted text beginThe county auditor if dissatisfied with the action of
the county board in setting the amount of the auditor's salary or the amount of the budget
for the office of county auditor,
deleted text endnew text begin If the county board reduces the salary of the county auditor
in any budget year in which the person serving as the county auditor is the same person
who served as auditor in the immediately preceding calendar year, or if the county board
reduces the budget for the office of the county auditor, the county auditor
new text end may appeal to
the district court on the grounds that the determination of the county board in setting deleted text beginsuchdeleted text endnew text begin
the
new text end salary or budget was arbitrary, capricious, oppressive, or in unreasonable disregard for
the responsibilities and duties of deleted text beginsaiddeleted text endnew text begin thenew text end office, and the auditor's experience, qualifications,
and performance. The appeal shall be taken within 15 days after the date of the resolution
setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget by serving a notice of appeal on the county auditor and
filing same with the court administrator of the district court. The court deleted text begineither in term or
vacation and
deleted text end upon ten days' notice to the chair of the board shall hear deleted text beginsuchdeleted text endnew text begin thenew text end appeal. On
the hearing of the appeal the court shall review the decision or resolution of the board in
like manner as though reviewed by certiorari, except new or additional evidence may be
taken. The court may order the officer appealing and the board to submit briefs or other
memoranda and may dispose of the appeal on such writings. If the court deleted text beginshall finddeleted text endnew text begin findsnew text end
that the board acted in an arbitrary, capricious, oppressive or unreasonable manner it shall
remand the matter to the county board for further action consistent with the court's finding.

Sec. 2.

Minnesota Statutes 2016, section 385.373, subdivision 7, is amended to read:


Subd. 7.

Salary, budget appeals.

deleted text beginThe county treasurer if dissatisfied with the action of
the county board in setting the amount of the treasurer's salary or the amount of the budget
for the office of county treasurer,
deleted text endnew text begin If the county board reduces the salary of the county
treasurer in any budget year in which the person serving as the county treasurer is the same
person who served as treasurer in the immediately preceding calendar year, or if the county
board reduces the budget for the office of the county treasurer, the county treasurer
new text end may
appeal to the district court on the grounds that the determination of the county board in
setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget was arbitrary, capricious, oppressive, or in unreasonable
disregard for the responsibilities and duties of deleted text beginsaiddeleted text endnew text begin thenew text end office, and the treasurer's experience,
qualifications, and performance. The appeal shall be taken within 15 days after the date of
the resolution setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget by serving a notice of appeal on the county
auditor and filing same with the court administrator of the district court. The court deleted text begineither
in term or vacation and
deleted text end upon ten days' notice to the chair of the board shall hear deleted text beginsuchdeleted text endnew text begin thenew text end
appeal. On the hearing of the appeal the court shall review the decision or resolution of the
board in like manner as though reviewed by certiorari, except new or additional evidence
may be taken. The court may order the officer appealing and the board to submit briefs or
other memoranda and may dispose of the appeal on such writings. If the court deleted text beginshall finddeleted text endnew text begin
finds
new text end that the board acted in an arbitrary, capricious, oppressive or unreasonable manner it
shall remand the matter to the county board for further action consistent with the court's
finding.

Sec. 3.

Minnesota Statutes 2016, section 386.015, subdivision 7, is amended to read:


Subd. 7.

Salary, budget appeals.

deleted text beginThe county recorder if dissatisfied with the action of
the county board in setting the amount of the recorder's salary or the amount of the budget
for the office of county recorder,
deleted text endnew text begin If the county board reduces the salary of the county recorder
in any budget year in which the person serving as the county recorder is the same person
who served as recorder in the immediately preceding calendar year, or if the county board
reduces the budget for the office of the county recorder, the county recorder
new text end may appeal to
the district court on the grounds that the determination of the county board in setting deleted text beginsuchdeleted text endnew text begin
the
new text end salary or budget was arbitrary, capricious, oppressive or in unreasonable disregard for
the responsibilities and duties of deleted text beginsaiddeleted text endnew text begin thenew text end office, and the recorder's experience, qualifications,
and performance. The appeal shall be taken within 15 days after the date of the resolution
setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget by serving a notice of appeal on the county auditor and
filing same with the court administrator of the district court. The court deleted text begineither in term or
vacation and
deleted text end upon ten days' notice to the chair of the board shall hear deleted text beginsuchdeleted text endnew text begin thenew text end appeal. On
the hearing of the appeal the court shall review the decision or resolution of the board in
like manner as though reviewed by certiorari, except new or additional evidence may be
taken. The court may order the officer appealing and the board to submit briefs or other
memoranda and may dispose of the appeal on such writings. If the court deleted text beginshall finddeleted text endnew text begin findsnew text end
that the board acted in an arbitrary, capricious, oppressive or unreasonable manner it shall
remand the matter to the county board for further action consistent with the court's finding.

Sec. 4.

Minnesota Statutes 2016, section 387.20, subdivision 7, is amended to read:


Subd. 7.

Appeal on salary, budget.

deleted text beginThe sheriff, if dissatisfied with the action of the
county board in setting the amount of the sheriff's salary or the amount of the budget for
the office of sheriff,
deleted text endnew text begin If the county board reduces the salary of the sheriff in any budget year
in which the person serving as the sheriff is the same person who served as sheriff in the
immediately preceding calendar year, or if the county board reduces the budget for the office
of the sheriff
new text end may appeal to the district court on the grounds that the determination of the
county board in setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget was arbitrary, capricious, oppressive or
without sufficiently taking into account the extent of the responsibilities and duties of deleted text beginsaiddeleted text endnew text begin
the
new text end office, and the sheriff's experience, qualifications, and performance. The appeal shall
be taken within 15 days after the date of the resolution setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget by
serving a notice of appeal on the county auditor and filing same with the court administrator
of the district court. The court deleted text begineither in term or vacation anddeleted text end upon ten days' notice to the
chair of the board shall hear deleted text beginsuchdeleted text endnew text begin thenew text end appeal. On the hearing of the appeal the court shall
review the decision or resolution of the board in a hearing de novo and may hear new or
additional evidence, or the court may order the officer appealing and the board to submit
briefs or other memoranda and may dispose of the appeal on such writings. If the court deleted text beginshall
find
deleted text endnew text begin findsnew text end that the board acted in an arbitrary, capricious, oppressive or unreasonable manner
or without sufficiently taking into account the extent of the responsibilities and duties of
the office of the sheriff, the sheriff's experience, qualifications, and performance, it shall
make deleted text beginsuchdeleted text endnew text begin thenew text end order to take the place of the order appealed from as is justified by the record
and shall remand the matter to the county board for further action consistent with the court's
findings. After determination of the appeal the county board shall proceed in conformity
therewith.

Sec. 5.

Minnesota Statutes 2016, section 388.18, subdivision 6, is amended to read:


Subd. 6.

Appeal from resolution of board.

deleted text beginThe county attorney, if dissatisfied with
the action of the county board in setting the amount of the county attorney's salary or the
amount of the budget for the office of county attorney,
deleted text endnew text begin If the county board reduces the salary
of the county attorney in any budget year in which the person serving as the county attorney
is the same person who served as county attorney in the immediately preceding calendar
year, or if the county board reduces the budget for the office of the county attorney, the
county attorney
new text end may appeal to the district court on the grounds that the determination of
the county board in setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget was arbitrary, capricious, oppressive,
or in unreasonable disregard for the responsibilities and duties of deleted text beginsaiddeleted text endnew text begin thenew text end office, and the
county attorney's experience, qualifications, and performance. The appeal shall be taken
within 15 days after the date of the resolution setting deleted text beginsuchdeleted text endnew text begin thenew text end salary or budget by serving
a notice of appeal on the county auditor and filing same with the court administrator of the
district court. The county board may retain special counsel pursuant to section 388.09 to
represent it in the appeal proceedings. The court deleted text begineither in term or vacation anddeleted text end upon ten
days' notice to the chair of the board shall hear deleted text beginsuchdeleted text endnew text begin thenew text end appeal. On the hearing of the appeal
the court shall review the decision or resolution of the board in like manner as though
reviewed by certiorari, except new or additional evidence may be taken. The court may
order the officer appealing and the board to submit briefs or other memoranda and may
dispose of the appeal on such writings. If the court deleted text beginshall finddeleted text endnew text begin findsnew text end that the board acted in
an arbitrary, capricious, oppressive or unreasonable manner it shall remand the matter to
the county board for further action consistent with the court's finding.