HF 2907

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to Yellow Medicine County; providing a process for making certain
offices appointive in Yellow Medicine County.

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

Section 1. new text begin YELLOW MEDICINE COUNTY OFFICES 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 Yellow Medicine County
Board of Commissioners, the offices of county recorder and county auditor-treasurer
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 Yellow Medicine 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 Board of
Commissioners of Yellow Medicine 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 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 The county board may
provide for the appointment of a county office 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 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 EFFECTIVE DATE; LOCAL APPROVAL. new text end

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