Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 308-S.F.No. 2281 
                  An act relating to Dakota county; authorizing 
                  appointment of treasurer/auditor; clarifying the 
                  employment status of certain employees; amending 
                  Minnesota Statutes 1996, sections 383D.09, by adding a 
                  subdivision; and 383D.41, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 383D.09, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [TREASURER/AUDITOR MAY BE APPOINTED.] (a) The 
        Dakota county board of commissioners may, by resolution, provide 
        that the office of county treasurer/auditor shall not be 
        elective but shall be filled by appointment by the county board 
        as provided in this subdivision. 
           (b) Upon adoption of a resolution by the Dakota county 
        board of commissioners and subject to paragraphs (c) and (d), 
        the duties of the elected treasurer/auditor whose office is made 
        appointive under this subdivision shall be discharged by the 
        board of commissioners acting through a department head 
        appointed for that purpose.  The appointed department head shall 
        serve at the pleasure of the board.  The board may reorganize, 
        consolidate, reallocate, or delegate the duties to promote 
        efficiency in county government.  A reorganization, 
        consolidation, reallocation, or delegation or other 
        administrative change or transfer shall not impair the discharge 
        of duties required by statute to otherwise by performed by the 
        treasurer/auditor. 
           (c) The person elected to be county treasurer/auditor at 
        the last county general election preceding action under this 
        subdivision shall serve in that capacity and perform the duties, 
        functions, and responsibilities until the completion of the term 
        of office to which elected, or until a vacancy occurs in the 
        office, whichever occurs earlier. 
           (d) The county board, before acting as permitted by 
        paragraph (b) and before any appointment permitted by paragraph 
        (a) or (b), but after adopting a resolution permitted by 
        paragraph (a) or (b), shall publish the resolution once each 
        week for two consecutive weeks in the official publication of 
        the county.  The resolution may be implemented without the 
        submission of the question to the voters of the county, unless 
        within 21 days after the second publication of the resolution, a 
        petition requesting a referendum, signed by at least ten percent 
        of the registered voters in the county voting in the last 
        general election, is filed with the county treasurer/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. 
           Sec. 2.  Minnesota Statutes 1996, section 383D.41, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [STATUS OF AUTHORITY EMPLOYEES.] Notwithstanding 
        any law to the contrary, employees of the authority shall not be 
        deemed county employees for any purpose, absent a resolution of 
        consent adopted by the county board. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective upon approval by the Dakota 
        county board of commissioners and compliance with Minnesota 
        Statutes, section 645.021. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:45 a.m.