as introduced - 86th Legislature (2009 - 2010) Posted on 03/02/2010 11:08am
A bill for an act
relating to Mower County; providing a process for making office of county
recorder appointive.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Mower County Board
of Commissioners, the office of county recorder is not elective but must be filled by
appointment by the county board as provided in the resolution.
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Upon adoption of a
resolution by the Mower 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
Mower County acting through a department head appointed by the board for that purpose,
who may distribute the duties required by statute. A reorganization, reallocation, or
delegation or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
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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.
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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.
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This section is effective the day after
the governing body of Mower County and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
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