CHAPTER 246--H.F.No. 3662
relating to local government; providing for a public hearing and public
testimony before making an appointment to fill a vacancy on a county board;
changing the time period in which an appointment may be made;amending
Minnesota Statutes 2006, section 375.101, by adding a subdivision; Minnesota
Statutes 2007 Supplement, section 375.101, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4,
is amended to read:
Subd. 4. Option for filling vacancies; appointment.
Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term.
If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
two years remain in the unexpired term, a special election shall be held in conjunction
with the county general election. The appointed person shall serve until the qualification
of the successor elected to fill the unexpired part of the term at that special election. If
the vacancy occurs on or after the first day to file affidavits of candidacy for the county
general election, or when less than two years remain in the unexpired term, there shall be
no special election to fill the vacancy and the appointed person shall serve the remainder
of the unexpired term and until a successor is elected and qualifies at the county general
election. If one year or more remains in the unexpired term, a special election must be held
under subdivision 1. If less than one year remains in the unexpired term, the county board
may appoint a person to fill the vacancy for the remainder of the unexpired term, unless
the vacancy occurs within 90 days of the next county general election, in which case an
appointment shall not be made and the vacancy must be filled at the general election. The
person elected to fill a vacancy at the general election takes office immediately in the same
manner as for a special election under subdivision 1, and serves the remainder of the
unexpired term and the new term for which the election was otherwise held.
Sec. 2. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
Subd. 5. County boards. Before making an appointment to fill a vacancy under
subdivision 4, the county board must hold a public hearing not more than 30 days after
the vacancy occurs with public notice given in the same manner as for a special meeting
of the county board. At the public hearing the board must invite public testimony from
persons residing in the district in which the vacancy occurs relating to the qualifications
of prospective appointees to fill the vacancy. Before making an appointment, the board
also must notify public officials in the affected district on the appointment, including town
board and city council members, and must enter into the record at the board meeting in
which the appointment is made the names and addresses of the public officials notified. If
after the public hearing, the board is unable or decides not to make an appointment under
subdivision 4, it must hold a special election under subdivision 1, but the time period in
which the election must be held begins to run from the date of the public hearing.
Presented to the governor April 24, 2008
Signed by the governor April 28, 2008, 4:28 p.m.