Minnesota Legislature
SF 1731
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/19/2019 09:56am
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A bill for an act
relating to counties; authorizing the appointment of specified county offices;
amending Minnesota Statutes 2018, sections 375.08; 375A.10, subdivision 5;
375A.12, subdivision 2; 382.01; 382.02; proposing coding for new law in Minnesota
Statutes, chapter 375A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 375.08, is amended to read:
375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
When a vacancy occurs in the office ofnew text begin an electednew text end county auditor, county treasurer,
county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon
one day's notice from the chair or clerk, which shall be served personally upon each member
in the same manner as a district court summons. The person appointed shall give the bond
and take the oath required by law, and serve the remainder of the term, and until a successor
qualifies. When a vacancy occurs in an office that has a chief deputy or first assistant, the
chief deputy or first assistant may perform all the duties and functions of the office until it
is filled by appointment by the county board.
Sec. 2.
Minnesota Statutes 2018, section 375A.10, subdivision 5, is amended to read:
Subd. 5.
Auditor-treasurer.
In any county exercising the option provided in subdivision
2, clause (c), the office shall be known thereafter as the office of auditor-treasurer, if the
office is to remain elective. If the board chooses to make the office of auditor-treasurer
elective, and not require a referendum, it must act with the concurrence of new text begin at leastnew text end 80 percent
of its members.
In the exercise of this option, the county board shall direct which of the offices of auditor
or treasurer shall be terminated for the purpose of providing for the election to the single
office of auditor-treasurer. The duties, functions and responsibilities which have been
heretofore and which shall hereafter be required by statute to be performed by the county
auditor and the county treasurer shall be vested in and performed by the auditor-treasurer
without diminishing, prohibiting or avoiding those specific duties required by statute to be
performed by the county auditor and the county treasurer.
Nothing in this subdivision shall preclude the county from exercising the option to make
the combined office of auditor-treasurer appointive as if it had been specifically enumerated
in subdivision 2. If the combined office is to be appointive, a referendum under section
375A.12 shall be necessarynew text begin , except as provided by section 375A.1205new text end .
If the combined office is to be elective, a referendum under section 375A.12 shall be
necessary if:
(a) the county board requires a referendum; or
(b) a referendum is required by a petition of a number of voters equal to ten percent of
those voting in the county at the last general election that is received by the county auditor
within 30 days after the second publication of the board resolution that orders the
combination.
The persons last elected to the positions of auditor and treasurer before adoption of the
resolution shall serve in those offices and perform the duties of those offices until the
completion of the terms to which they were elected.
Sec. 3.
Minnesota Statutes 2018, section 375A.12, subdivision 2, is amended to read:
Subd. 2.
Form of government options.
new text begin Except as provided in section 375A.1205 or by
special law, new text end the options provided in sections 375A.01 to 375A.10 shall be adopted in any
county only after an affirmative vote of the voters in the county on the question of the
adoption of the option. Except as provided in section 375A.01, only one such plan may be
submitted at any one election.
Sec. 4.
new text begin
[375A.1205] APPOINTING COUNTY OFFICERS.
new text end
new text begin Subdivision 1. new text end
new text begin Authority to appoint certain officers. new text end
new text begin
A county board may appoint the
county auditor, county treasurer, or county recorder under section 375A.10, subdivision 2,
or the auditor-treasurer under section 375A.10, subdivision 5, by following the process
outlined in this section. Notwithstanding section 375A.12, a referendum is not required if
the appointment is made pursuant to this section. A county board shall only use the authority
to appoint under the following circumstances:
new text end
new text begin
(1) there is a vacancy in the office as provided in section 351.02;
new text end
new text begin
(2) the current office holder has notified the county board that the officer will not file
for the office, as provided in subdivision 2; or
new text end
new text begin
(3) there is a signed contract with the county board and the incumbent auditor, treasurer,
auditor-treasurer, or recorder that provides that the incumbent officer will be appointed to
the position and retain tenure, pay, and benefits equal to or greater than length of service.
new text end
new text begin Subd. 2. new text end
new text begin Responsibility of county officer. new text end
new text begin
At least 104 days before the filing date for
office under section 204B.09, an elected county officer must notify the county board in
writing whether the officer will be filing for another term. If the officer indicates in writing
that the officer will not file for the office and the county board has passed a resolution under
subdivision 6, affidavits of candidacy will not be accepted for that office, and the office
will not be placed on the ballot.
new text end
new text begin Subd. 3. 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 county board of commissioners and subject to subdivisions 5 and 6, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
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. 4. new text end
new text begin Discharge or demotion. new text end
new text begin
(a) A county auditor, county treasurer, county
auditor-treasurer, or county recorder who was elected at the most recent election for that
office prior to a county board resolution to make the office appointed, and is appointed by
the county board to the office, may not be involuntarily demoted or discharged except for
incompetency or misconduct.
new text end
new text begin
(b) Prior to demoting or discharging an office holder under this subdivision, the board
must notify the office holder in writing and state its grounds for the proposed demotion or
discharge in reasonable detail. Within ten days after receipt of this notification, the office
holder may make a written request for a hearing before an arbitrator and the request must
be granted before final action is taken. Failure to request a hearing before an arbitrator
during this period is considered acquiescence to the board's action. The board may suspend
an office holder with pay pending the conclusion of the hearing and determination of the
issues raised in the hearing after charges have been filed which constitute grounds for
demotion or discharge. If an office holder has been charged with a felony and the underlying
conduct that is the subject of the felony charge is a ground for a proposed discharge, the
suspension pending the conclusion of the hearing and determination of the issues may be
without pay. If a hearing under this subdivision is held, the board must reimburse the office
holder for any salary or compensation withheld if the final decision of the arbitrator does
not result in a penalty or discharge of the office holder.
new text end
new text begin
(c) If the office holder and the board are unable to mutually agree on an arbitrator, the
board must request from the Bureau of Mediation Services a list of seven persons qualified
to serve as an arbitrator. If the office holder and the board are unable to mutually agree on
an arbitrator from the list provided, the parties shall alternately strike names from the list
until the name of one arbitrator remains. The person remaining after the striking procedure
must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
the question must be decided by a flip of a coin. The office holder and the board must share
equally the costs and fees of the arbitrator except as set forth in paragraph (g).
new text end
new text begin
(d) The arbitrator shall determine, by a preponderance of the evidence, whether the
grounds for discharge or demotion exist to support the proposed discharge or demotion. A
lesser penalty than demotion or discharge may be imposed by the arbitrator only to the
extent that either party proposes such lesser penalty in the proceeding. In making the
determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.
new text end
new text begin
(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary
consideration of allegations or charges within the meaning of section 13D.05, subdivision
3, paragraph (a), and must be closed, unless the office holder requests it to be open.
new text end
new text begin
(f) The arbitrator's award is final and binding on the parties, subject to sections 572B.18
to 572B.28.
new text end
new text begin
(g) In the event the arbitrator rules not to demote or discharge the office holder, the
board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office
holder.
new text end
new text begin Subd. 5. 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. 6. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of the
resolution to provide for the appointment of an office as described in subdivision 1, the
county board must publish a proposed resolution notifying the public of its intent to consider
the issue once each week, for two consecutive weeks, in the official publication of the
county. Following publication and prior to formally adopting the resolution, the county
board shall provide an opportunity at its next regular meeting for public comment relating
to the issue. After the public comment opportunity, at the same meeting or a subsequent
meeting, the county board of commissioners may adopt a resolution that provides for the
appointment of the office or offices as permitted in this section. The resolution must be
approved by at least 80 percent of the members of the county board. The resolution may
take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a
petition is filed as provided in paragraph (b).
new text end
new text begin
(b) Except when an office is made appointive under subdivision 1, clause (2), within 30
days after the county board adopts the resolution, a petition requesting a referendum may
be filed with the county auditor. The petition must be signed by at least ten percent of the
registered voters of the county. The petition must meet the requirements of the secretary of
state, as provided in section 204B.071, and any rules adopted to implement that section. If
the petition is sufficient, the county board resolution is rescinded.
new text end
new text begin Subd. 7. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week, for two consecutive weeks, in the official publication of the county.
Following publication and before formally adopting the resolution, the county board must
provide an opportunity at its next regular meeting for public comment relating to the issue.
After the public comment opportunity, at the same meeting or a subsequent meeting, the
county board of commissioners may adopt the resolution. The resolution must be approved
by at least 60 percent of the members of the county board and is effective August 1 following
adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if
(1) the position has been an appointed position for at least three years; (2) a petition signed
by at least ten percent of the registered voters of the county is filed with the office of the
county auditor by August 1 of the year in which the general election is held; and (3) the
petition meets the requirements of the secretary of state, as provided in section 204B.071,
and any rules adopted to implement that section. If a majority of the voters of the county
voting on the question vote in favor of making the office an elected position, the election
for that office must be held at the next regular or special election.
new text end
Sec. 5.
Minnesota Statutes 2018, section 382.01, is amended to read:
382.01 OFFICERS ELECTED; TERMS.
In every county in this state there shall be elected at the general election in 1918 a county
auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers shall be four years and shall begin on the first
Monday in January next succeeding their election. They shall hold office until their successors
are elected and qualified. new text begin Each of new text end these offices deleted text begin shalldeleted text end new text begin mustnew text end be filled by election every four
years thereafternew text begin , unless an office is consolidated with another county officer or made
appointive under chapter 375A or other general or special lawnew text end .
Sec. 6.
Minnesota Statutes 2018, section 382.02, is amended to read:
382.02 VACANCIES, HOW FILLED.
Any appointment made to fill a vacancy in any of the offices named in section 382.01
new text begin that has not been made appointive under chapter 375A or other general or special law new text end shall
be for the balance of such entire term, and be made by the county board.