1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to Dakota county; authorizing appointment of 1.3 treasurer/auditor; clarifying the employment status of 1.4 certain employees; amending Minnesota Statutes 1996, 1.5 sections 383D.09, by adding a subdivision; and 1.6 383D.41, by adding a subdivision. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1996, section 383D.09, is 1.9 amended by adding a subdivision to read: 1.10 Subd. 5. [TREASURER/AUDITOR MAY BE APPOINTED.] (a) The 1.11 Dakota county board of commissioners may, by resolution, provide 1.12 that the office of county treasurer/auditor shall not be 1.13 elective but shall be filled by appointment by the county board 1.14 as provided in this subdivision. 1.15 (b) Upon adoption of a resolution by the Dakota county 1.16 board of commissioners and subject to paragraphs (c) and (d), 1.17 the duties of the elected treasurer/auditor whose office is made 1.18 appointive under this subdivision shall be discharged by the 1.19 board of commissioners acting through a department head 1.20 appointed for that purpose. The appointed department head shall 1.21 serve at the pleasure of the board. The board may reorganize, 1.22 consolidate, reallocate, or delegate the duties to promote 1.23 efficiency in county government. A reorganization, 1.24 consolidation, reallocation, or delegation or other 1.25 administrative change or transfer shall not impair the discharge 1.26 of duties required by statute to otherwise by performed by the 2.1 treasurer/auditor. 2.2 (c) The person elected to be county treasurer/auditor at 2.3 the last county general election preceding action under this 2.4 subdivision shall serve in that capacity and perform the duties, 2.5 functions, and responsibilities until the completion of the term 2.6 of office to which elected, or until a vacancy occurs in the 2.7 office, whichever occurs earlier. 2.8 (d) The county board, before acting as permitted by 2.9 paragraph (b) and before any appointment permitted by paragraph 2.10 (a) or (b), but after adopting a resolution permitted by 2.11 paragraph (a) or (b), shall publish the resolution once each 2.12 week for two consecutive weeks in the official publication of 2.13 the county. The resolution may be implemented without the 2.14 submission of the question to the voters of the county, unless 2.15 within 21 days after the second publication of the resolution, a 2.16 petition requesting a referendum, signed by at least ten percent 2.17 of the registered voters in the county voting in the last 2.18 general election, is filed with the county treasurer/auditor. 2.19 If a petition is filed, the resolution may be implemented unless 2.20 disapproved by a majority of the voters of the county voting on 2.21 the question at a regular or special election. 2.22 Sec. 2. Minnesota Statutes 1996, section 383D.41, is 2.23 amended by adding a subdivision to read: 2.24 Subd. 6. [STATUS OF AUTHORITY EMPLOYEES.] Notwithstanding 2.25 any law to the contrary, employees of the authority shall not be 2.26 deemed county employees for any purpose, absent a resolution of 2.27 consent adopted by the county board. 2.28 Sec. 3. [EFFECTIVE DATE.] 2.29 Sections 1 and 2 are effective upon approval by the Dakota 2.30 county board of commissioners and compliance with Minnesota 2.31 Statutes, section 645.021.