Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 505-H.F.No. 1957 
           An act relating to local government; clarifying the 
          duties of the county highway engineer; restricting 
          compensation for local elected officials; providing 
          for terms for Cook county hospital district board 
          members; amending Minnesota Statutes 1990, sections 
          43A.17, by adding a subdivision; 163.07, subdivision 
          1; and Laws 1989, chapter 211, section 8, subdivision 
          3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 43A.17, is 
amended by adding a subdivision to read: 
    Subd. 10.  [LOCAL ELECTED OFFICIALS; CERTAIN COMPENSATION 
PROHIBITED.] The compensation plan for an elected official of a 
statutory or home rule charter city, county, town, or school 
district may not include a provision for vacation or sick 
leave.  The salary of an official covered by this subdivision 
may not be diminished because of the official's absence from 
official duties because of vacation or sickness. 
    Sec. 2.  Minnesota Statutes 1990, section 163.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT.] The county board of each 
county shall appoint and employ, as hereinafter provided, a 
county highway engineer who shall may have charge of the highway 
work of the county and the forces employed thereon, and who 
shall make and prepare all surveys, estimates, plans, and 
specifications which are required of the engineer.  The county 
highway engineer may be removed by the county board during the 
term of office for which appointed only for incompetency or 
misconduct shown after a hearing upon due notice and upon stated 
charges.  The burden of proving incompetency or misconduct shall 
rest upon the party alleging the same. 
    Sec. 3.  Laws 1989, chapter 211, section 8, subdivision 3, 
is amended to read: 
    Subd. 3.  [BOARD.] Notwithstanding Minnesota Statutes, 
section 397.06, the board of the district shall be comprised of 
one member from each county commissioner district elected by the 
voters at the first general election in the county after the 
resolution has become effective.  After the 1992 general 
election, the term of each board member shall be four years or 
until a successor has been elected and qualified.  At the 1992 
general election, the board members from districts one, three, 
and five shall be elected to two-year terms and board members 
from districts two and four to four-year terms.  Their 
successors shall be elected to regular four-year terms in 1994, 
1996, and thereafter.  Terms shall begin on the first day of 
January following the election.  
    If members are elected in 1990, their terms shall be two 
years.  When the district is first created, the county 
commissioner from each district shall appoint a member of the 
board to serve until the commencement of the term of a successor.
    Thereafter When a vacancy occurs, the county commissioner 
from the district affected shall appoint a member to serve until 
January 1 following the next general election in the county, 
when a successor shall be elected for a regular term or the 
unexpired remainder of the regular term. 
    Sec.  4.  [LOCAL APPROVAL.] 
    Section 1 is effective the day following final enactment 
and applies to all officials elected thereafter.  Section 3 is 
effective the day after compliance with Minnesota Statutes, 
section 645.021, subdivision 3, by the governing body of the 
Cook county hospital district. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 23, 1992, 11:55 a.m.