HF 4138

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:40pm

A bill for an act
relating to local government; providing a procedure for removal of a county sheriff
by the county board under certain circumstances; proposing coding for new law
in Minnesota Statutes, chapter 351.

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

Section 1.

new text begin [351.24] REMOVAL OF COUNTY SHERIFF BY COUNTY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Removal of county sheriff by county board. new text end

new text begin In addition to the vacancy
and removal procedures otherwise provided in chapter 351, the county board may remove
the county sheriff from that office in accordance with the procedures under this section if
the county sheriff is convicted of a targeted misdemeanor in section 299C.10, subdivision
1, paragraph (e), or a gross misdemeanor during the county sheriff's term, regardless of
whether the behavior resulting in the conviction occurred while the county sheriff was acting
in the performance of his or her official duties.
new text end

new text begin Subd. 2. new text end

new text begin Resolution. new text end

new text begin The county board must adopt a resolution setting forth the facts
that support a removal of the county sheriff under this section and shall state the county
board's intent to hold a public hearing on removing the county sheriff from office. The
resolution must be published in a legal newspaper in the county for two successive weeks
and posted on the bulletin board in the county auditor's office for one week after the date
of the last publication of the notice.
new text end

new text begin Subd. 3. new text end

new text begin Public hearing. new text end

new text begin A public hearing on removal of the county sheriff from office
under this section must be held within 60 days of the resolution under subdivision 2. At the
public hearing, the county board must invite public testimony from persons residing within
the county relating to whether the county sheriff should be removed from office. The county
board must hear and consider all testimony for and against the removal of the county sheriff.
If, after the public hearing, the county board determines that it is in the best interest of the
public to remove the county sheriff from office, the county board may remove the county
sheriff upon a unanimous vote of the county board.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin The county board must deliver written notice of the public hearing to
the county sheriff by personal service no less than 30 days prior to the public hearing.
new text end

new text begin Subd. 5. new text end

new text begin Appointment. new text end

new text begin Upon removal of the county sheriff from office, the county
board must fill the vacancy by appointment in accordance with section 375.08.
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