CHAPTER 375. COUNTY BOARDS
Table of Sections
|375.01||MEMBERS, NUMBER OF.|
|375.02||Repealed, 1974 c 240 s 2
|375.03||TERMS IN NEW COUNTY OR IF BOARD ENLARGED.|
|375.04||TIE DETERMINED BY LOT.|
|375.05||Repealed, 1967 c 716 s 5
|375.055||COUNTY COMMISSIONERS' COMPENSATION.|
|375.057||SPECIAL ACTS PROVIDING FOR PAYMENT OF PER DIEMS.|
|375.06||COMPENSATION FOR COMMITTEE WORK; TRAVEL EXPENSES.|
|375.08||BOARD TO FILL VACANCIES IN COUNTY OFFICES.|
|375.09||COMMISSIONER'S MALFEASANCE; AFFECTED ACTIONS ARE VOID.|
|375.10||Repealed, 1975 c 280 s 3
|375.101||VACANCY IN OFFICE OF COUNTY COMMISSIONER.|
|375.11||BOARD SEAL; REBUTTABLE EVIDENCE OF BOARD PROCEEDINGS.|
|375.12||PROCEEDINGS IN QUALIFIED PAPER WITHIN 30 DAYS; LET BY BID.|
|375.14||OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.|
|375.15||DAMAGED RECORDS TRANSCRIBED.|
|375.16||COUNTY APPROPRIATION FOR INCIDENTAL EXPENSES.|
|375.161||MORE FOR INCIDENTAL COSTS AND EXPENSES.|
|375.162||IMPREST CASH FUNDS.|
|375.163||ASSOCIATION OF MINNESOTA COUNTIES; DUES, EXPENSES.|
|375.165||COUNTY TRANSLATOR SYSTEMS; FUNDING.|
|375.167||NONPROFIT LEGAL ASSISTANCE CORPORATIONS.|
|375.168||UNDERCOVER BUY FUND; EXPENDITURE OF MONEY BY COUNTIES.|
|375.169||PUBLICATION OF SUMMARY BUDGET STATEMENT.|
|375.1691||JUDICIAL ORDER AFTER BUDGET PREPARATION.|
|375.17||PUBLICATION OF FINANCIAL STATEMENTS.|
|375.181||COUNTY BUILDING SITES.|
|375.182||NEGLECT OF DUTY.|
|375.191||Repealed, 1969 c 333 s 7
|375.192||REDUCTIONS OR ABATEMENTS OF VALUATION OR TAXES.|
|375.193||Repealed, 1984 c 503 s 6
|375.194||ECONOMIC DEVELOPMENT TAX ABATEMENT.|
|375.195||SALE OF BUILDINGS ON PUBLIC PROPERTY.|
|375.197||Repealed, 1965 c 45 s 73
|375.21||CONTRACTS OF COUNTY BOARDS.|
|375.22||REPAIRS WITHOUT BIDS IN EMERGENCY.|
|375.23||ASSESSMENT AND ROAD DISTRICTS IN UNORGANIZED TERRITORY.|
|375.24||Repealed, 1996 c 310 s 1
|375.25||COUNTY BONDS MAY BE BOUGHT BY FUNDS IN TREASURY; RESALE.|
|375.27||LIABILITIES, LIMITATIONS, AND CONDITIONS OF GIFTS OF REALTY.|
|375.273||ACCEPTANCE OF DONATIONS FOR CARE OF CEMETERIES.|
|375.28||REWARDS FOR CAPTURE.|
|375.29||Repealed, 1984 c 629 s 4
|375.30||COUNTY BOARD MAY APPROPRIATE MONEY FOR CERTAIN PURPOSES.|
|375.31||MOTOR VEHICLES, DAMAGE FROM OPERATION.|
|375.32||INSURANCE POLICIES; PREMIUM, PAYMENT.|
|375.33||Repealed, 1983 c 314 art 11 s 21
|375.34||MEMORIAL DAY, APPROPRIATION FOR OBSERVANCE.|
|375.35||$100 TO MILITARY SERVICE ORGANIZATIONS FOR MEMORIAL DAY.|
|375.36||MAY BUY AND KEEP UP PART OF CEMETERY AS SOLDIERS' REST.|
|375.37||"SOLDIERS' REST" USED ONLY FOR VETERANS AND SPOUSES.|
|375.38||VIOLATION A MISDEMEANOR.|
|375.383||Repealed, 1996 c 310 s 1
|375.39||CHANGE OF NAME OF COUNTY; ORDER OF COUNTY BOARD.|
|375.40||COUNTY BOARD MAY LICENSE EXHIBITIONS AND SHOWS.|
|375.41||MISDEMEANOR TO TAKE PART IN UNLICENSED ITINERANT SHOW.|
|375.43||Repealed, 1975 c 301 s 16
|375.435||Repealed, 1996 c 310 s 1
|375.44||MILEAGE, COUNTY HOSPITAL BOARD MEMBERS.|
|375.45||CHANGE FUNDS, ESTABLISHMENT.|
|375.46||MAY GIVE GENERAL FUND MONEY TO SHERIFF FOR PATROLS.|
|375.47||EXPENSE ALLOWANCES FOR MEMBERS OF BOARDS AND AGENCIES.|
|375.471||LAND CONSERVATION AND UTILIZATION; FEDERAL AID.|
|375.48||MAY APPOINT COUNTY COORDINATOR TO SERVE AT ITS PLEASURE.|
|375.49||COUNTY COORDINATOR DUTIES; CONSIDERED DEPARTMENT HEAD.|
|375.50||MAY RESCIND COUNTY COORDINATOR RESOLUTION.|
|375.51||ORDINANCES; ENACTMENT, PUBLICATION.|
|375.52||REVISION AND CODIFICATION.|
|375.53||VIOLATIONS OF ORDINANCES, PENALTIES.|
|375.54||PROSECUTIONS UNDER ORDINANCE.|
|375.55||DISPOSITION OF FINES RECOVERED FOR ORDINANCE VIOLATIONS.|
|375.551||COUNTY EMERGENCY JOBS PROGRAM.|
|375.553||COUNTY EMERGENCY EMPLOYMENT PROGRAM.|
PERSONNEL ADMINISTRATION SYSTEM
|375.56||CREATE DEPARTMENT; APPOINT APPEALS BOARD TO ESTABLISH.|
|375.59||PERSONNEL DIRECTOR APPOINTMENT.|
|375.60||DUTIES AND POWERS OF THE DIRECTOR.|
|375.61||PAYROLLS APPROVED BY DIRECTOR.|
|375.62||CIVIL SERVICE AND MERIT SYSTEM RELATIONSHIPS.|
|375.63||VETERANS TO BE GIVEN PREFERENCE.|
|375.64||COLLECTIVE BARGAINING RELATIONSHIPS.|
|375.65||PERSONNEL BOARD OF APPEALS.|
|375.66||DUTIES OF BOARD OF APPEALS.|
|375.68||ABOLITION OF SYSTEM.|
|375.69||APPROPRIATION BY COUNTY BOARD.|
|375.70||FEDERAL AID FOR MANPOWER SERVICES.|
|375.71||PROTECTION OF RIGHTS UNDER STATE AND FEDERAL LAWS.|
|375.72||COUNTY PURCHASING DEPARTMENT.|
|375.73||DUTIES OF PURCHASING DEPARTMENT.|
|375.74||DIRECTOR OF PURCHASING; EMPLOYEES.|
|375.75||RULES AND REGULATIONS.|
|375.76||VOIDABLE PURCHASES, CONTRACTS, AND SALES.|
|375.77||LAWS NOT AFFECTED.|
AGRICULTURAL EXHIBITS AND DEVELOPMENT
|375.78||AID TO POULTRY ASSOCIATIONS.|
|375.79||EXHIBITS AT STATE FAIR.|
|375.80||APPOINTMENT OF PERSON TO SUPERVISE.|
|375.82||STATEMENT TO BOARD.|
|375.83||ECONOMIC AND AGRICULTURAL DEVELOPMENT.|
COMPUTER SOFTWARE PRODUCTS
|375.84||PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.|
|375.85||COUNTIES MAY MARKET SOFTWARE PRODUCTS.|
|375.86||APPLICATION OF OTHER LAW.|
|375.87||RADIO SYSTEMS FOR PUBLIC SAFETY COMMUNICATIONS.|
375.01 MEMBERS, NUMBER OF.
Each county shall have a board of five commissioners who shall be known as the county
board and whose terms of office shall be four years and until their successors qualify. In Anoka,
Hennepin, Ramsey, and St. Louis Counties the board shall have seven members.
History: (650) RL s 419; 1974 c 576 s 1; 1981 c 241 s 1; 1984 c 629 s 2
375.025 COMMISSIONER DISTRICTS.
Subdivision 1. Standards.
The redistricting plan in use in a county shall be used until a
new plan is adopted in accordance with this section. Each county shall be divided into as many
districts numbered consecutively as it has members of the county board. Commissioner districts
shall be bounded by town, municipal, ward, or precinct lines. Each district shall be composed of
contiguous territory as regular and compact in form as practicable, depending upon the geography
of the county involved and shall be as nearly equal in population as possible. No district shall vary
in population more than ten percent from the average for all districts in the county, unless the
result forces a voting precinct to be split. A majority of the least populous districts shall contain
not less than a majority of the population of the county. A county may be redistricted by the
county board after each federal census. When it appears after a federal census that the districts of
the county are not in accord with the standards set forth in this subdivision, the county shall be
redistricted by the county board within the times set in section
204B.135, subdivision 2
acting to redistrict, the county board, or a redistricting commission if one is appointed, shall
publish three weeks' notice of its purpose, stating the time and place of the meeting where the
matter will be considered, in the newspaper having the contract to publish the commissioners'
proceedings for the county for the current year.
Subd. 2. Voters rights.
Any qualified voter may apply to the district court of the county
for a writ of mandamus (a) requiring the county to be redistricted if the county board has not
redistricted the county within the time specified in subdivision 1, or (b) to revise the redistricting
plan. Any application for revision of a redistricting plan filed with the county auditor more than 15
weeks before the state primary in a year ending in two that seeks to affect elections held in a year
ending in two must be filed with the district court within three weeks but no later than 14 weeks
before the state primary in the year ending in two. If a plan for redistricting a county is filed less
than 14 weeks before the state primary in a year ending in two, any application for revision of the
plan that seeks to affect an election in the year ending in two shall be filed with the district court
within one week after the plan has been filed with the county auditor. The district court may direct
the county board to show cause why it has not redistricted the county or why the redistricting
plan prepared by it should not be revised. On hearing the matter it may allow the county board
additional time in which to redistrict the county or to correct errors in the redistricting plan. If
it appears to the court that the county board has not been sufficiently diligent in performing its
redistricting duties, the court may appoint a redistricting commission to redistrict the county in
accordance with the standards set forth in subdivision 1 and any other conditions the court shall
deem advisable and appropriate. If a redistricting commission is appointed, the county board shall
be without authority to redistrict the county.
Subd. 3. Redistricting commission.
The redistricting commission shall be composed of not
less than five nor more than nine residents of the county. No officer or employee of county or local
government except notaries public shall be eligible for membership. Members of the commission
shall not be eligible for election to the county board until two years after the redistricting in which
they participated becomes effective. Members shall serve without pay but may be reimbursed
their necessary expenses in the conduct of the business of the commission. The county board shall
provide for the necessary expenses of the commission.
Subd. 4. Redistricting plan; election following redistricting.
A redistricting plan whether
prepared by the county board or the redistricting commission shall be filed in the office of
the county auditor. A redistricting plan shall be effective on the 31st day after filing unless a
later effective date is specified but no plan shall be effective for the next election of county
commissioners unless the plan is filed with the county auditor not less than 30 days before the first
date candidates may file for the office of county commissioner. One commissioner shall be elected
in each district who, at the time of the election, is a resident of the district. A person elected
may hold the office only while remaining a resident of the commissioner district or, after June
15 during a year ending in "2", while remaining a resident of the county. The county board or
the redistricting commission shall determine the number of members of the county board who
shall be elected for two-year terms and for four-year terms to provide staggered terms on the
county board. Thereafter, all commissioners shall be elected for four years. When a county is
redistricted, there shall be a new election of commissioners in all the districts at the next general
election except that if the change made in the boundaries of a district is less than five percent of
the average of all districts of the county, the commissioner in office at the time of the redistricting
shall serve for the full period for which elected.
History: 1974 c 240 s 1; 1980 c 487 s 13; 1984 c 543 s 39; 1984 c 629 s 2; 1986 c 444;
1987 c 297 s 3; 1991 c 349 s 40,41; 1993 c 32 s 1
375.03 TERMS IN NEW COUNTY OR IF BOARD ENLARGED.
Subdivision 1. Staggering; vacancies.
In each new county, and in each county that has
an increase of the number of commissioners, a commissioner shall be elected from each
odd-numbered district for a term of two years, and from each even-numbered district for a term
of four years. Thereafter all commissioners shall be elected for a term of four years, except that
elections to fill vacancies shall be for the unexpired term only.
Subd. 2. Except Ramsey County.
This section does not apply to Ramsey County.
History: (652) RL s 421; 1951 c 102 s 1; 1973 c 524 s 1; 1974 c 435 art 7 s 1; 1975 c 280 s
1; 1976 c 181 s 2; 1984 c 629 s 2; 1986 c 444; 1991 c 326 s 18
375.04 TIE DETERMINED BY LOT.
If two or more persons have an equal and the highest number of votes for the office of county
commissioner in a district, the auditor shall give written notice to them to attend at the auditor's
office at a time specified. The auditor shall then and there, in their presence, publicly decide by lot
which shall be declared elected. The person selected shall be the commissioner from the district.
History: (653) RL s 422; 1984 c 629 s 2; 1986 c 444
375.055 COUNTY COMMISSIONERS' COMPENSATION.
Subdivision 1. Fixed by county board.
The county commissioners in all counties, except
Hennepin and Ramsey, shall receive as compensation for services rendered by them for their
respective counties, annual salaries and in addition may receive per diem payments and
reimbursement for necessary expenses in performing the duties of the office as set by resolution
of the county board. The salary and schedule of per diem payments shall not be effective until
January 1 of the next year. The resolution shall contain a statement of the new salary on an
annual basis. The board may establish a schedule of per diem payments for service by individual
county commissioners on any board, committee, or commission of county government including
committees of the board, or for the performance of services by individual county commissioners
when required by law. In addition to its publication in the official newspaper of the county as
part of the proceedings of the meeting of the county board, the resolution setting the salary and
schedule of per diem payments shall be published in one other newspaper of the county, if there
is one located in a different municipality in the county than the official newspaper. The salary
of a county commissioner or the schedule of per diem payments shall not change except in
accordance with this subdivision.
Subd. 2.[Repealed, 1967 c 716 s 5
Subd. 3.[Repealed, 1975 c 301 s 16
Subd. 4. Inconsistent provisions superseded.
Except as otherwise herein provided, all
acts or parts of acts, which relate to salaries of county commissioners, in any county having a
population of less than 100,000 according to the 1960 federal census, are superseded as of January
1, 1969 insofar as they are inconsistent with this section.
Subd. 5. Other benefits.
Except as provided herein nothing in this section shall limit the
right of a county commissioner to collect and retain any fees, per diem payment made pursuant to
subdivision 1, or any mileage or expense allowance, or reimbursement of expenses in attending
meetings or in the conduct of the business of a board, commission or committee of county
government on which the commissioner serves, which the commissioner is now authorized by
any other law to collect and retain in addition to the stated annual salary; or to participate in any
group insurance program instituted by the county board for county officers and employees.
Members of the county board shall not receive a per diem for service on the board of auditors, the
board of equalization, or the canvassing board.
Subd. 6. Validation.
The salary heretofore paid any county commissioner under any existing
law insofar as it is inconsistent with this section, which may be found to be unconstitutional or
invalid for any reason by a court, is legalized and made valid.
Subd. 7.MS 1949 [Repealed, 1951 c 327 s 6
Subd. 7.MS 1965 [Repealed, 1967 c 716 s 5
Subd. 8. Training expenses.
The county board may reimburse a newly elected county
commissioner for expenses incurred prior to assuming office for attendance at a training or
education program which will familiarize the commissioner with official duties.
History: 1945 c 526 s 1,2, 4-6; 1947 c 259 s 1; 1949 c 423 s 1; Ex1959 c 4 s 1; 1967 c 716 s
1-3; 1969 c 1133 s 1; 1975 c 301 s 7,8; 1981 c 230 s 1; 1984 c 629 s 2; 1985 c 109 s 5; 1986 c 444
375.056 SEVEN-MEMBER BOARD.
Any county with a population of 100,000 or more according to the last federal decennial
census may by resolution of its county board provide for a seven-member board of county
commissioners. A certified copy of the resolution of the county board of any county choosing
to exercise this option shall be transmitted to the secretary of state. The county commissioner
districts shall be redistricted by the county board in accordance with section
History: 1981 c 230 s 2; 1984 c 629 s 2
375.057 SPECIAL ACTS PROVIDING FOR PAYMENT OF PER DIEMS.
Any special act for a single county or group of counties providing for the payment of per
diems to county commissioners is superseded to the extent that it is inconsistent with Laws
1975, chapter 301, sections 1 to 14. This section does not apply to Hennepin, Ramsey, and St.
History: 1975 c 301 s 15; 1984 c 629 s 2
375.06 COMPENSATION FOR COMMITTEE WORK; TRAVEL EXPENSES.
Subdivision 1. Per diem, travel expense.
The members of the county boards in counties
other than Hennepin, Ramsey, and St. Louis, may be paid a per diem pursuant to section
, for each day necessarily occupied in the discharge of their official duties while
acting on any committee under the direction of the board, and may be paid their actual and
necessary traveling expenses in accordance with section
for travel incurred in the
discharge of the committee work. Any committee may be comprised of all of the members of
the county board.
The members of the county boards in addition to any compensation authorized for their
duties may be allowed and paid their actual and necessary traveling expenses in accordance with
for travel incurred in attending meetings of the board. The chair of the county
board may receive mileage reimbursement in accordance with section
for going to the
county seat to sign warrants during recess of the county board.
Subd. 2. Travel reimbursement conditions.
If a county commissioner is authorized to be
reimbursed for traveling expenses while performing official duties as a county commissioner
or while serving on a board, commission or committee, the reimbursement shall be limited to
expenses actually paid or incurred. If authorized to be paid mileage or receive reimbursement for
expenses in performing a duty and the commissioner uses a private automobile, the commissioner
may be reimbursed for its use at not more than the rate specified for reimbursement in section
for each mile actually traveled. This subdivision does not supersede any law specifying
a maximum mileage or expense allowance for a commissioner or for all commissioners on
a county board.
History: (657) 1907 c 296 s 1; 1911 c 283 s 1; 1913 c 456 s 1; 1951 c 487 s 1; 1957 c 612;
1963 c 387 s 4; 1965 c 286 s 1; 1967 c 716 s 4; 1975 c 301 s 9; 1984 c 629 s 2; 1986 c 444
375.065 MEETINGS, PAY.
A member of the county board of a county who is paid a salary that is more than 50 percent
of the salary of the governor may not be paid any amount, by per diem or otherwise, except as
reimbursement for expenses, for attendance at meetings related to the business of any local
History: 1990 c 460 s 6
375.07 MEETINGS; QUORUM.
The board shall meet at the county seat for the transaction of business on the first Tuesday
after the first Monday in January, and may meet on other days and at other locations within the
county it prescribes as necessary for the interests of the county. A majority shall constitute a
quorum, and no business shall be done unless voted for by a majority of the whole board, but less
than a majority may adjourn. Sessions shall be called by a majority of the board and the clerk
shall give at least ten days' notice of them to each of the commissioners.
History: (658) RL s 424; 1982 c 435 s 1; 1984 c 629 s 2; 2005 c 42 s 1
375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
When a vacancy occurs in the office of county auditor, county treasurer, county recorder,
sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment.
For that purpose it shall meet at the usual place of meeting, upon one day's notice from the chair
or clerk, which shall be served personally upon each member in the same manner as a district
court summons. The person appointed shall give the bond and take the oath required by law, and
serve the remainder of the term, and until a successor qualifies. When a vacancy occurs in an
office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all
the duties and functions of the office until it is filled by appointment by the county board.
History: (659) RL s 425; 1939 c 153; 1976 c 181 s 2; 1978 c 706 s 65; 1984 c 629 s
2; 1986 c 444
375.09 COMMISSIONER'S MALFEASANCE; AFFECTED ACTIONS ARE VOID.
Subdivision 1. No county employment or other elected office.
No county commissioner
shall hold another elected office during tenure as commissioner nor be employed by the county.
Subd. 2. No bribery.
No commissioner shall receive any money or other valuable thing as a
condition of voting or inducement to vote for any contract or other thing under consideration by
Subd. 3. Affected elections, contracts, votes to pay are void.
Every election and every
contract or payment voted for or made contrary to this section is void.
Subd. 4. Violation is malfeasance.
Any violation of this section is a malfeasance in office.
History: (778) RL s 447; 1981 c 163 s 1; 1984 c 629 s 2; 1986 c 399 art 1 s 19; 1986 c
416 s 1; 1986 c 444
375.101 VACANCY IN OFFICE OF COUNTY COMMISSIONER.
Subdivision 1. Election in 30 to 60 days.
Except as provided in subdivision 3, a vacancy
in the office of county commissioner shall be filled at a special election not less than 30 nor
more than 60 days after the vacancy occurs. The special primary or special election may be
held on the same day as a regular primary or regular election but the special election shall be
held not less than 14 days after the special primary. The person elected at the special election
shall take office immediately after receipt of the certificate of election and upon filing the bond
and taking the oath of office and shall serve the remainder of the unexpired term. If the county
has been reapportioned since the commencement of the term of the vacant office, the election
shall be based on the district as reapportioned.
Subd. 2. When victor seated immediately.
If a vacancy for which a special election is
required occurs less than 60 days before the general election preceding the end of the term, the
vacancy shall be filled by the person elected at that election for the ensuing term who shall
take office immediately after receiving the certificate of election, filing the bond and taking the
oath of office.
Subd. 3. Inability or refusal to serve.
In addition to the events specified in section
vacancy in the office of county commissioner may be declared by the county board when a
commissioner is unable to serve in the office or attend board meetings for a 90-day period because
of illness, or because of absence from or refusal to attend board meetings for a 90-day period.
If any of the preceding conditions occurs, the county board may, after the board by resolution
has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special
meeting for the remainder of the unexpired term or until the ill or absent member is again able to
resume duties and attend county board meetings, whichever is earlier. If the original member is
again able to resume duties and attend board meetings, the board shall by resolution so determine
and remove the appointed officeholder and restore the original member to office.
History: 1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1
375.11 BOARD SEAL; REBUTTABLE EVIDENCE OF BOARD PROCEEDINGS.
Subdivision 1. Auditor's seal is board seal.
The seal of the county auditor shall be the
seal of the board.
Subd. 2. Authenticated proceedings are evidence.
Copies of its proceedings, authenticated
as required by law, shall be prima facie evidence of them in all cases.
History: (661) RL s 427; 1984 c 629 s 2
375.12 PROCEEDINGS IN QUALIFIED PAPER WITHIN 30 DAYS; LET BY BID.
Subdivision 1. Summary; in daily or weekly.
The county board shall have the official
proceedings of its sessions published in a qualified newspaper of general circulation in the county.
The publication shall be let annually by contract to the lowest bidder, at the first regular session of
the board in January each year. If the county board determines that publication of a summary
of the proceedings would adequately inform the public of the substance of the proceedings, the
county board may direct that only a summary be published, conforming to the requirements
331A.01, subdivision 10
. In each county whose population exceeds 600,000, the
proceedings shall be published in a daily newspaper. The board may reject any offer if, in its
judgment, the public interests require, and may then designate a newspaper without regard to
any rejected offer. In any county whose population exceeds 50,000, and is less than 250,000, the
proceedings may be published in one daily and one weekly newspaper at the county seat. If the
official newspaper of the county ceases to exist for any reason except consolidation with another
newspaper, the county board may designate another newspaper for the remainder of the year. The
publication shall occur within 30 days of the meeting to which the proceedings relate.
Subd. 2. Small claims totaled.
Individualized itemized accounts, claims or demands allowed
by the county board pursuant to section
471.38, subdivision 1
, need not be published pursuant to
subdivision 1, if the amount allowed from each claim is $300 or less. The official proceedings
following the itemization of accounts required shall contain a statement showing the total number
of claims that did not exceed $300 and their total dollar amount.
History: (662) RL s 428; 1907 c 447; 1941 c 507; 1947 c 161 s 1; 1949 c 69 s 1; 1967 c 532
s 1; 1971 c 532 s 1; 1978 c 743 s 14; 1979 c 252 s 3; 1982 c 572 s 1; 1984 c 543 s 40; 1984 c
629 s 2; 2004 c 182 s 28
The county board, at its first session in each year, shall elect from its members a chair and
a vice-chair. The chair shall preside at its meetings and sign all documents requiring signature
on its behalf. The chair's signature, attested by the clerk of the county board, shall be binding as
the signature of the board. In case of the absence or incapacity of the chair, the vice-chair shall
perform the chair's duties. If the chair or vice-chair are absent from any meeting, all documents
requiring the signature of the board shall be signed by a majority of it and attested by the clerk.
History: (663) RL s 429; 1937 c 165 s 1; 1978 c 743 s 15; 1982 c 435 s 2; 1984 c 629 s
2; 1986 c 444
375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
The county board shall provide offices at the county seat for the auditor, treasurer, county
recorder, sheriff, court administrator of the district court, and an office for the county engineer
at a site determined by the county board, with suitable furniture and safes and vaults for the
security and preservation of the books and papers of the offices, and provide heating, lighting, and
maintenance of the offices. The board shall furnish all county officers with all books, stationery,
letterheads, envelopes, postage, telephone service, office equipment, electronic technology, and
supplies necessary to the discharge of their respective duties and make like provision for the
judges of the district court as necessary to the discharge of their duties within the county or
concerning matters arising in it. The board is not required to furnish any county officer with
professional or technical books or instruments except when the board deems them directly
necessary to the discharge of official duties as part of the permanent equipment of the office.
History: (664) RL s 430; 1927 c 346; 1976 c 181 s 2; 1978 c 706 s 66; 1980 c 560 s 2; 1984
c 629 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1; 2005 c 4 s 66
375.15 DAMAGED RECORDS TRANSCRIBED.
If the records of any office named in section
are damaged so as to render any portion
of them liable to become illegible, destroyed, or lost, the county board shall provide suitable
books, and cause the records to be transcribed, so that the new volumes will correspond, in
designation, letter or number, and page, to the original records. The fees for the work shall be
fixed by the board, and shall not exceed seven cents per folio for the whole work done. Printed
record books shall be used when practicable for both original and transcribed records.
History: (666) RL s 432; 1984 c 629 s 2
375.16 COUNTY APPROPRIATION FOR INCIDENTAL EXPENSES.
Subdivision 1. Procedure.
At its regular meetings the county board may appropriate from
the county revenue fund a sum to pay incidental expenses of county officers incurred for postage,
and for necessary express, freight, telephone, telegraph, water, light, other utility charges, and the
mileage and per diem of town officers making election returns, to be paid on the warrant of the
county auditor upon the presentation of a properly itemized and verified bill. On considering the
sum charged excessive, the county auditor shall file the bill, if requested by the person presenting
it, for action by the board at its next meeting.
Subd. 2. Except Hennepin County.
This section does not apply to Hennepin County.
History: (665) RL s 431; 1907 c 390 s 1; 1919 c 305; 1947 c 149 s 1; 1957 c 55; 1961 c 538
s 1; 1973 c 100 s 1; 1979 c 198 art 4 s 13; 1984 c 629 s 2; 1986 c 444
375.161 MORE FOR INCIDENTAL COSTS AND EXPENSES.
Subdivision 1. Up to $1,500.
In addition to the amount authorized by section
county board may annually appropriate from the county revenue fund not more than $1,500 as a
contingent fund for use by the county board to pay for incidental costs and expenses incurred by
them in expediting the business of the county.
Subd. 2. Special act.
Nothing in subdivision 1 shall operate to lessen the amount of a
contingent fund available to the county board or the chair of a county board under the authority of
a special act for a single county enacted before August 1, 1973.
Subd. 3. Except Hennepin County.
This section does not apply to Hennepin County.
History: 1973 c 373 s 1; 1979 c 198 art 4 s 13; 1984 c 629 s 2; 1986 c 444
375.162 IMPREST CASH FUNDS.
Subdivision 1. Procedure.
The county board may establish one or more imprest funds for the
payment in cash of any proper claim against the county which it is impractical to pay in any other
manner. No claim for salary or personal expenses of a county officer or employee shall be paid
from an imprest fund. The county board shall appoint a custodian of each imprest fund who shall
be responsible for its safekeeping and disbursement according to law. Money for the operation
of an imprest fund shall be secured by a warrant issued on the general revenue fund. A claim
itemizing all the various demands for which disbursements have been made from the fund shall
be presented to the county board at the next county board meeting after the month in which the
disbursements have been made. The county board shall act upon it as in the case of other claims
and a warrant shall be issued to the custodian for the amount allowed. The custodian shall use the
proceeds of the warrant to replenish the fund, and if the county board fails to approve the claim in
full for any sufficient reason, the custodian shall be personally responsible for the difference.
Subd. 2. For travel.
The county board may authorize an imprest fund for the purpose of
advancing money to officers or employees to pay their actual and necessary expenses in attending
meetings outside the county or for other travel that is related to the performance of their job
duties. The county board shall appoint a custodian of the fund who shall be responsible for its
safekeeping and disbursement according to law. Attendance at meetings and other travel outside
the county shall be authorized in advance by the county board. At a meeting of the county board
in the month after approved travel outside the county, the officer or employee shall submit an
itemized claim for the actual and necessary expenses incurred and paid related to the approved
travel. The county board shall act upon it as in the case of other claims and a warrant shall be
issued to the officer or employee for the amount allowed. The officer or employee shall use the
proceeds of the warrant to repay the amount advanced from the fund. If the amount approved by
the county board is insufficient to repay the advance, the officer or employee shall be personally
responsible for the difference.
History: 1974 c 254 s 1; 1984 c 629 s 2; 1986 c 444; 1993 c 315 s 8
375.163 ASSOCIATION OF MINNESOTA COUNTIES; DUES, EXPENSES.
The county board may appropriate money to pay the annual dues of the county for
membership in the association of Minnesota counties and the actual necessary expense of
delegates designated by the county board to attend meetings of the association.
History: 1955 c 364 s 1; 1984 c 629 s 2
375.164 BROADCAST FACILITIES.
The county board may appropriate annually from the county general revenue fund an
amount necessary to fund the construction, acquisition, improvement, operation, or maintenance
of a translator station or a noncommercial television broadcast facility to receive and transmit
television broadcasting signals that can be received by residents of the county.
History: 1973 c 213 s 1; 1984 c 629 s 2; 1991 c 155 s 1
375.165 COUNTY TRANSLATOR SYSTEMS; FUNDING.
, or any other contrary law, the county board of any county
owning, operating or maintaining a translator system on April 14, 1976, may singly or jointly with
contiguous counties appropriate from the general revenue fund an amount necessary to fund the
construction, acquisition, improvement, maintenance and operations of a translator system either
in or outside of the county to receive and transmit television broadcasting signals. The county
may singly or jointly with contiguous counties acquire, by gift, lease or purchase, any real estate
or interest in real estate upon the terms or conditions, including contracts for fees, it determines,
either in or outside of the county, to establish, improve or operate a television translator system.
No real estate located in another county may be acquired unless the county board of the county
where the real estate is located approves the proposed acquisition. The county may issue bonds
in accordance with chapter 475, for the acquisition, construction or improvement of television
translator systems and the acquisition of real estate for them.
History: 1976 c 249 s 17; 1984 c 629 s 2
375.167 NONPROFIT LEGAL ASSISTANCE CORPORATIONS.
Subdivision 1. Appropriations.
Notwithstanding any contrary law, a county board may
appropriate from the general revenue fund to any nonprofit corporation a sum not to exceed
0.00604 percent of taxable market value to provide legal assistance to persons who are unable to
afford private legal counsel.
Subd. 2. Contiguous counties may combine appropriations.
Any two or more contiguous
counties may by concurrent resolution of their county boards combine their appropriations to a
single nonprofit corporation to serve the purpose of subdivision 1 in their counties.
History: 1974 c 321 s 1,2; 1Sp1981 c 1 art 5 s 10; 1982 c 489 s 1; 1984 c 593 s 39; 1984 c
629 s 2; 1987 c 384 art 2 s 1; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 32; 1994 c 505 art 2 s 4
375.168 UNDERCOVER BUY FUND; EXPENDITURE OF MONEY BY COUNTIES.
A county board may appropriate money for investigation of criminal activity relating to
receiving or selling stolen goods, including the setting aside of money for "buy funds."
History: 1982 c 536 s 4; 1984 c 629 s 2
375.169 PUBLICATION OF SUMMARY BUDGET STATEMENT.
Annually, upon adoption of the county budget, the county board shall cause a summary
budget statement to be published in the official newspaper of the county, or if there is none, in a
qualified newspaper of general circulation in the county. The statement shall contain information
relating to anticipated revenues and expenditures in a form prescribed by the state auditor. The
form prescribed shall be designed so that comparisons can be made between the current year
and the budget year. A note shall be included that the complete budget is available for public
inspection at a designated location within the county.
History: 1984 c 543 s 41
375.1691 JUDICIAL ORDER AFTER BUDGET PREPARATION.
Notwithstanding any law to the contrary, a judicial order compelling payment out of county
funds shall not be paid unless approved by the county board, if a budget request for the item was
not submitted to the county board prior to adoption of the budget in effect for the fiscal year. If
the county board refuses to approve payment, the order may be paid in the first fiscal year for
which a budget is approved after receipt of the order. This section does not apply to a judgment or
other award against the county that is a result of litigation to which the county or a county official
in an official capacity was a party.
History: 1988 c 719 art 6 s 15
375.17 PUBLICATION OF FINANCIAL STATEMENTS.
Subdivision 1. Statement contents; summaries.
Annually, not later than the first Tuesday
after the first Monday in March, the county board shall make a full and accurate statement of
the receipts and expenditures of the preceding year, which shall contain a statement of the assets
and liabilities, a summary of receipts, disbursements, and balances of all county funds together
with a detailed statement of each fund account, under the form and style prescribed by and on
file with the state auditor. The prescribed form and any changes or modifications of it shall so
far as practical be uniform for all counties. Annually the board shall publish the statement or a
summary of the statement in a form as prescribed by the state auditor, for one issue in a duly
qualified legal newspaper in the county.
Subd. 2. Full statement; publication conditions.
If the board elects to publish the full
statement, it may refrain from publishing:
(1) an itemized account of amounts paid out, to whom and for what purpose to the extent
that the published proceedings of the county board contain the information, if all disbursements
aggregating $5,000 or more to any person are set forth in a schedule of major disbursements
showing amounts paid out, to whom and for what purpose and are made a part of, and published
with, the financial statement;
(2) the names and amounts of salaries and expenses paid to employees but shall publish the
totals of disbursements for salaries and expenses; and
(3) the names of persons receiving human services aid and the amounts paid to each, but the
totals of the disbursements for those purposes must be published.
This subdivision does not apply to a summary published pursuant to subdivision 1.
Subd. 3. Filing.
In addition to the publication in the newspaper designated by the board as
the official newspaper for publication of the financial statement, the statement shall be published
in one other newspaper, if one of general circulation is located in a different municipality in
the county than the official newspaper. The county board shall call for separate bids for each
publication. If a provision of this section is inconsistent with section
, the provisions of
that section shall prevail. The financial statement must be filed with the county auditor for public
History: (667) RL s 433; 1907 c 205 s 1; 1933 c 410; 1941 c 370 s 1; 1945 c 170 s 1; 1947 c
235 s 1; 1957 c 543; 1973 c 492 s 7; 1975 c 278 s 1; 1979 c 252 s 4; 1980 c 379 s 1; 1981 c 320 s
1; 1984 c 543 s 42; 1984 c 629 s 2; 1993 c 158 s 3; 2004 c 182 s 29
375.171 CREDIT CARDS.
A county board may authorize the use of a credit card by any county officer or employee
otherwise authorized to make a purchase on behalf of the county. If a county officer or employee
makes a purchase by credit card that is not approved by the county board, the officer or employee
is personally liable for the amount of the purchase. A purchase by credit card must otherwise
comply with all statutes, rules, or county policy applicable to county purchases.
History: 2000 c 328 s 1
375.18 GENERAL POWERS.
Subdivision 1. Accounts, examination, settlement and allowance.
Each county board may
examine and settle all accounts of the receipts and expenses of the county, and examine, settle,
and allow all accounts, demands, and causes of action against the county, and, when so settled,
issue county orders for them, as provided by law.
Subd. 1a. Definition.
For purposes of this section, a "county administrative official" shall
mean a county auditor, treasurer, auditor-treasurer, administrator, coordinator, manager, a
clerk/administrator, or a senior fiscal officer.
Subd. 1b. Delegation for paying certain claims.
A county board, at its discretion, may
delegate its authority to pay certain claims made against the county to a county administrative
official. County boards opting to delegate their authority to review claims before payment
pursuant to this subdivision shall have internal accounting and administrative control procedures
to ensure the proper disbursement of public funds. The procedures shall include regular and
frequent review of the county administrative officials' actions by the board. A list of all claims
paid under the procedures established by the county board shall be presented to the board for
informational purposes only at the next regularly scheduled meeting after payment of the claim.
A county board that delegates its authority to pay certain claims made against the county must
adopt a resolution authorizing a specified county administrative official to pay the claims that
meet the standards and procedures established by the board. This subdivision does not apply to
a home rule charter county for which the county charter provides an alternative method for
paying claims made against the county.
Subd. 1c. Client-directed support program.
Notwithstanding any law to the contrary,
a county board, at its discretion, and upon approval by the Department of Human Services,
may implement a client-directed support program that authorizes responsible parties for county
human services and public health clients to expend public funds for the benefit of the clients
without complying with subdivision 1b or section
. County boards
opting to implement the program according to this subdivision must have internal accounting and
administrative control procedures to ensure proper disbursement of public funds. The procedures
must include county-owned demand deposit accounts and periodic review of the program by
the county board.
Subd. 2. Manage property, funds, business.
Each county board may have the care of the
county property, and management of the county funds and business, except in cases otherwise
provided for, and make orders concerning them as it deems expedient.
Subd. 3. Courthouse.
Each county board may erect, furnish, and maintain a suitable
courthouse. No indebtedness shall be created for a courthouse in excess of an amount equal to a
levy of 0.04030 percent of taxable market value without the approval of a majority of the voters
of the county voting on the question of issuing the obligation at an election.
Subd. 4.[Repealed, 1985 c 169 s 18
Subd. 5.[Repealed, 1985 c 169 s 18
Subd. 6.[Repealed, 1985 c 169 s 18
Subd. 7. Transfer of surplus.
Each county board may transfer by a majority vote any
surplus beyond the needs of the current year in any county fund to any other county fund to
supply a deficiency in it.
Subd. 8. Ag society, farm improvement association.
Each county board may appropriate to
any county agricultural society of its county, which is a member of the state agricultural society,
or to any farm improvement association organized by the citizens of two or more counties jointly
to advance the agricultural interest of each of the counties, a sum of money not exceeding
$1,000 each, annually. In any county where two county agricultural societies are members of the
state agricultural society any appropriation so made shall be divided equally between them. In
addition to the appropriation referred to above, if a county owns grounds and buildings used for
agricultural fairs and other purposes, the county board, by a majority vote, may appropriate
annually a sum of money equal to ten percent of the total value of the property to the association
or society having the management, control, and direction of agricultural fairs held there, to repair,
maintain, improve, extend and alter the grounds and buildings.
Subd. 9. County fair land.
Each county board may purchase or condemn land, with
improvements on it, to hold agricultural fairs and exhibitions and appropriate money to pay for it,
not exceeding $25,000. The county board may purchase or condemn land for holding fairs and
exhibitions and appropriate money in payment for it in excess of $25,000 when authorized by a
vote of the people. It may accept and receive a donation to be used to obtain lands for the purpose
of holding agricultural fairs and exhibitions and in that case and for that purpose, without being
authorized by a vote of the people, it may purchase or condemn lands not exceeding in value the
amount of the donation; improve and erect structures on the lands, for which they may receive
donations of money, materials or labor. It may lease the land from time to time to agricultural and
other societies of similar nature and establish reasonable rules and regulations under which it
may be used by the societies in the county. All structures and improvements made on the land by
societies using it shall belong to the county.
All proceedings for the condemnation of the lands shall be under the provisions of chapter
Subd. 10. Veterans memorial.
Each county board may appropriate funds to erect or aid in
erecting a monument or other memorial to the soldiers and sailors of the nation to be constructed
on the courthouse square, or in a public park at the county seat, or in a cemetery adjacent to the
county seat, or elsewhere in the county seat.
Subd. 11. Railways.
Each county board may authorize by resolution any person, company, or
corporation to construct and maintain railway lines to be operated by other than steam power upon
any public road outside of cities not boulevarded or parked, for a period not exceeding 25 years,
upon the terms as to use and occupation prescribed in the resolution. The use granted shall not
interfere with the reasonable use of the road as a highway, and shall cease in case of the vacation
of the road, unless proceedings to condemn are taken within six months after the vacation and
diligently prosecuted. The railway and its property shall be subject to taxation by the methods and
at the rate as the proper authorities may from time to time prescribe in accordance with law.
Subd. 12. Land for public use.
Each county board may acquire by gift or purchase and
improve land within the county, for use as a park, site for a building, or other public purpose, and,
when required by the public interest, sell and convey it. The land may be paid for out of moneys
in the county treasury not otherwise appropriated, or by issuing bonds of the county. The county
board may acquire development rights in the form of a conservation easement under chapter 84C.
The holder of the conservation easement may be determined by a governmental body.
Subd. 13. Other powers in law.
Each county board may exercise the other powers conferred
upon it by law.
Subd. 14. Unauthorized deposit of solid waste.
Each county board may by ordinance:
(1) prohibit the deposit of solid waste within the county not otherwise authorized by law;
(2) require the owners or occupants of property to remove the unauthorized deposit of
(3) if it is not removed, provide for removal of the solid waste at the owner's or occupant's
(4) provide for the expense to be a lien on the property and collected as a special assessment.
A county board may also seek civil penalties and damages from persons responsible for
unauthorized deposit of solid waste under section
, which, if unpaid, may be imposed as a
lien on property owned by the responsible persons and collected as a special assessment.
Subd. 15. Community action agencies.
Each county board may appropriate county
funds to and contract with a community action agency designated under section
located within the county. The money appropriated shall be spent for authorized purposes of the
community action agency and as the county board may, by resolution, provide. A contract may be
for the purchase, lease, sale or other acquisition or disposition of equipment, supplies, materials,
or other property, including real property. The contract is not subject to statutory or ordinance
provisions requiring public bidding or third-party intermediaries for the transfer of property.
History: (668) RL s 434; 1911 c 89; 1911 c 255; 1913 c 94; 1913 c 347; 1913 c 478; 1915 c
219; 1917 c 347; 1919 c 125; 1919 c 139; 1921 c 337; 1941 c 130; 1947 c 637 s 1; 1951 c 82 s 1;
1973 c 123 art 5 s 7; 1973 c 773 s 1; 1977 c 347 s 56; 1977 c 442 s 15; 1980 c 597 s 1; 1984 c
629 s 2; 1986 c 399 art 1 s 20; 1986 c 416 s 2; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 33;
1Sp1989 c 1 art 20 s 24; 1993 c 42 s 1; 1993 c 315 s 9,10; 1994 c 412 s 4; 1Sp1995 c 3 art 16 s
13; 1999 c 243 art 5 s 35; 2002 c 271 s 1; 2005 c 98 art 1 s 24
375.181 COUNTY BUILDING SITES.
If the board of county commissioners at any regular or extra meeting adopts and enters in
the minutes of its proceedings a resolution declaring that it is necessary to acquire for the use of
the county any land, describing it, to be used as a site for a courthouse or other public building
or to enlarge the site of a courthouse or other public building already owned by the county, and
the board of county commissioners is unable to purchase the land at a reasonable price, the land
may be acquired by condemnation as provided in chapter 117.
History: (6558) 1905 c 7 s 1; 1961 c 561 s 7; 1984 c 629 s 2
375.182 NEGLECT OF DUTY.
Every member of the county board who shall neglect or omit to discharge any of the duties
imposed by law shall be deemed guilty of a gross misdemeanor; and, upon conviction, punished
by a fine of not less than $100, nor more than $3,000.
History: (855) RL s 509; 1969 c 9 s 82; 1984 c 628 art 3 s 11
375.19 ADDITIONAL POWERS.
A county board may accept for its county real or personal property by gift, bequest, devise,
conveyance, or otherwise from any person whose care, support, treatment, or maintenance, in
whole or part, is or may be chargeable to or furnished or provided by the county, and hold or
dispose of it for the benefit of the county, as in the case of other county property. It may permit
use of county equipment for soil conservation projects and make annual expenditures from the
general revenue fund for soil conservation purposes.
History: (669) 1923 c 241; 1947 c 255 s 1; 1951 c 645 s 1; 1969 c 637 s 1; 1974 c 72
s 1; 1984 c 629 s 2
375.192 REDUCTIONS OR ABATEMENTS OF VALUATION OR TAXES.
Subdivision 1.[Repealed, 1990 c 604 art 3 s 65
Subd. 2. Procedure, conditions.
Upon written application by the owner of any property, the
county board may grant the reduction or abatement of estimated market valuation or taxes and of
any costs, penalties, or interest on them as the board deems just and equitable and order the refund
in whole or part of any taxes, costs, penalties, or interest which have been erroneously or unjustly
paid. Except as provided in sections
, no reduction or abatement may be
granted on the basis of providing an incentive for economic development or redevelopment.
Except as provided in section
, the county board may consider and grant reductions or
abatements on applications only as they relate to taxes payable in the current year and the two
prior years; provided that reductions or abatements for the two prior years shall be considered
or granted only for (i) clerical errors, or (ii) when the taxpayer fails to file for a reduction or an
adjustment due to hardship, as determined by the county board. The application must include
the Social Security number of the applicant. The Social Security number is private data on
individuals as defined by section
13.02, subdivision 12
. All applications must be approved by
the county assessor, or, if the property is located in a city of the first or second class having
a city assessor, by the city assessor, and by the county auditor before consideration by the
county board, except that the part of the application which is for the abatement of penalty or
interest must be approved by the county treasurer and county auditor. Approval by the county or
city assessor is not required for abatements of penalty or interest. No reduction, abatement, or
refund of any special assessments made or levied by any municipality for local improvements
shall be made unless it is also approved by the board of review or similar taxing authority of the
municipality. On any reduction or abatement when the reduction of taxes, costs, penalties, and
interest exceed $10,000, the county board shall give notice within 20 days to the school board and
the municipality in which the property is located. The notice must describe the property involved,
the actual amount of the reduction being sought, and the reason for the reduction.
An appeal may not be taken to the Tax Court from any order of the county board made in the
exercise of the discretionary authority granted in this section.
The county auditor shall notify the commissioner of revenue of all abatements resulting from
the erroneous classification of real property, for tax purposes, as nonhomestead property. For the
abatements relating to the current year's tax processed through June 30, the auditor shall notify
the commissioner on or before July 31 of that same year of all abatement applications granted.
For the abatements relating to the current year's tax processed after June 30 through the balance
of the year, the auditor shall notify the commissioner on or before the following January 31 of
all applications granted. The county auditor shall submit a form containing the Social Security
number of the applicant and such other information the commissioner prescribes.
Subd. 3. Homestead credit.
Subject to the approval of the commissioner of revenue, the
county board shall authorize the county auditor to grant the credits denied under section
, if a certificate of value has been filed with the county auditor. The county board
shall not hear any requests under this subdivision after May 31 of the year in which the taxes
Subd. 4. Delegation by county board.
Notwithstanding any law to the contrary, the county
board may delegate to the county auditor any authority, power, or responsibility assigned to the
county board in this section. If delegation is granted under this subdivision, the county board shall
prescribe the conditions for the delegation and may revoke delegation without good cause or
prior notice. If the county auditor holds elective office, no delegation shall be made under this
subdivision unless the county auditor concurs in the delegation.
History: 1949 c 76 s 1; 1949 c 485 s 1; 1963 c 591 s 1; Ex1967 c 32 art 8 s 4; 1973 c 582 s
3; 1977 c 423 art 4 s 3; 1980 c 607 art 3 s 8; 1Sp1981 c 1 art 8 s 17; 1984 c 629 s 2; 1986 c 444;
1988 c 719 art 5 s 84; art 6 s 16; 1989 c 277 art 2 s 58; 1989 c 329 art 13 s 20; 1990 c 604 art 3 s
38; 1991 c 291 art 12 s 21; 1992 c 511 art 2 s 34; art 4 s 22; 1993 c 375 art 5 s 31; 1995 c 264 art
3 s 26; 1996 c 471 art 3 s 36; 1997 c 231 art 2 s 32; 1999 c 243 art 13 s 19
375.194 ECONOMIC DEVELOPMENT TAX ABATEMENT.
Subdivision 1. Definitions.
For purposes of this section, the following terms have the
meanings given them.
(a) "Eligible county" means a county whose county government average tax rate is at least
45 points higher than an adjacent neighboring county's county government average tax rate in the
initial year that the tax abatement is granted on the eligible property. An eligible county cannot be
one of the seven metropolitan counties under section
473.121, subdivision 4
(b) "Neighboring county" means a county whose average county government tax rate is at
least 45 points lower than the average county government tax rate of an adjacent county that is an
eligible county, in the initial year that the tax abatement is granted.
(c) "Eligible property" means property located in an eligible county within 20 miles
of the neighboring county and is either (i) commercial property classified under section
273.13, subdivision 24
, whose estimated market value has increased by at least $400,000 from
improvements made on that property by the taxpayer after January 2, 1996, or (ii) industrial
property classified under section
273.13, subdivision 24
, whose estimated market value has
increased by at least $100,000 from improvements made on that property by the taxpayer after
January 2, 1996.
(d) "Improvements" means (i) new construction, and (ii) rehabilitation, reconstruction,
and additions to existing structures.
(e) "Maximum tax abatement" for any given year means the difference between (i) the
eligible county's current year county government tax rate times the net tax capacity of the eligible
property, and (ii) the neighboring county's current year county government tax rate times the net
tax capacity of the eligible property.
(f) "Taxpayer" means the person who is responsible for payment of the property tax,
including a lessee who pays the taxes on the eligible property.
Subd. 2. Abatement authority.
The county board of an eligible county may enter into a
written agreement with the taxpayer of eligible property to grant a property tax abatement to the
taxpayer. The agreement must specify the percentage of the maximum tax abatement to be granted
for each of the designated tax abatement years. The agreement must not provide a property tax
abatement for any given year that exceeds the maximum tax abatement under subdivision 1,
paragraph (e). The maximum length of the agreement is ten years. Even if the difference in the
two county average tax rates in any given year is less than the required 45-point minimum, the
agreement shall remain in effect for its duration. The agreement is binding unless both the eligible
county's county board and the taxpayer mutually agree upon any changes in the agreement.
Subd. 3. Abatement calculations.
The actual tax abatement shall be computed annually
by the county auditor of the county in which the eligible property is located using (i) the
difference between the eligible county's current year average county government tax rate and the
neighboring county's current year average county government tax rate, and (ii) the percentage of
the maximum tax abatement specified in the agreement.
If the improvements are made over two calendar years, the county board is allowed to grant
the initial tax abatement based on improvements of less than the $100,000 estimated market value
for industrial property and $400,000 estimated market value for commercial property, provided
that the county board has finalized the agreement and is reasonably assured that the minimum
dollar requirements provided in subdivision 1 will be met over the two-year time period. However,
the agreement's ten-year maximum time period begins with the year the first abatement is granted.
Subd. 4. Proposed and final property tax statements.
For purposes of determining the
eligible property's taxes on the proposed property tax statement under section
, the amount
shown will be the amount before the deduction of the tax abatement under subdivision 3. The
property taxes shown on the final property tax statement shall reflect both the taxes before and
after the tax abatement granted under this section.
Subd. 5. Determination of county tax rate.
The eligible county's proposed and final tax
rates shall be determined by dividing the certified levy by the total taxable net tax capacity, without
regard to any abatements granted under this section. The county board shall make available the
estimated amount of the abatement at the public hearing under section
275.065, subdivision 6
Subd. 6. Property eligible TIF.
Eligible property may be located in a tax increment
financing district, provided that (i) the governing body of the municipality containing the district
approves the written agreement under subdivision 2, and (ii) the county treasurer, when making
property tax settlements of the property tax collected on eligible property, shall deduct the full
amount of the tax abatement granted to the eligible property under this section from the property
tax distribution made to the tax increment financing district.
History: 1996 c 471 art 3 s 37
375.195 SALE OF BUILDINGS ON PUBLIC PROPERTY.
Subdivision 1. County auditor may sell property.
Upon resolution of the county board, the
county auditor may sell at public auction for cash at not less than the value appraised by the county
board, buildings or improvements upon lands held by the state in trust for the taxing districts. If
the buildings are not sold at the public auction, they may, at any time within one year from the date
of the auction, be sold at private sale by the county auditor at not less than the appraised value.
Subd. 2. Sale on request of DNR commissioner.
The county auditor may sell at public
auction any buildings or improvements upon state lands or platted lots under the control of the
commissioner of natural resources not held in trust for the taxing districts, at not less than the
value appraised by the county board and approved by the commissioner of natural resources, if
requested to do so by the commissioner of natural resources. If the buildings or improvements are
not sold when offered at the public sale, they may within one year from the date of the auction be
sold at private sale by the county auditor at not less than their appraised value.
Subd. 3. Finding by county board.
The buildings or improvements shall not be offered
for sale or sold until the county board has, by resolution, found that they constitute a fire hazard,
an inducement to trespass, or a public nuisance. At least two weeks before the sale, the county
auditor shall publish in a legal newspaper in the county and post on the bulletin board in the
auditor's office and at least one other prominent place in the courthouse, a notice of the sale,
which shall include the date of the sale, a description of the buildings and improvements and the
lands upon which they are situated and their appraised value.
Subd. 4. Sale conditioned upon removal.
All sales under subdivisions 1 or 2 shall be
conditioned upon the removal from the land by the purchaser of all buildings and improvements
within 90 days of the date of purchase. Upon failure to so remove them, the buildings shall revert
to the state and may be resold as provided in subdivision 1 or 2.
Subd. 5. Disposition of proceeds.
The proceeds from the sale of buildings or improvements
located on lands held by the state in trust for the taxing districts, shall be deposited in the forfeited
tax fund of the county and distributed in the same manner as if the parcel of land on which the
buildings or improvements were situated had been sold. The proceeds from the sale of buildings
or improvements on lands held by the state free of any trust for the taxing districts shall be
remitted by the county auditor to the commissioner of natural resources to be deposited in
the state treasury in the fund to which the proceeds from the sale of the lands from which the
buildings are removed would properly be credited.
History: 1945 c 465; 1947 c 181 s 1-4; 1969 c 1129 art 3 s 1; 1984 c 629 s 2; 1986 c 444
375.20 BALLOT QUESTIONS.
If the county board may do an act, incur a debt, appropriate money for a purpose, or exercise
any other power or authority, only if authorized by a vote of the people, the question may be
submitted at a special or general election, by a resolution specifying the matter or question to be
voted upon. If the question is to authorize the appropriation of money, creation of a debt, or levy
of a tax, it shall state the amount. Notice of the election shall be given as in the case of special
elections. If the question submitted is adopted, the board shall pass an appropriate resolution to
carry it into effect. In the election the form of the ballot shall be: "In favor of (here state the
substance of the resolution to be submitted), Yes ...... No......," with a square opposite each of
the words "yes" and "no," in one of which the voter shall mark an "X" to indicate a choice. The
county board may call a special county election upon a question to be held within 60 days after
a resolution to that effect is adopted by the county board. Upon the adoption of the resolution
the county auditor shall post and publish notices of the election, as required by section
subdivisions 2 and 3
. The election shall be conducted and the returns canvassed in the manner
prescribed by sections
, so far as practicable.
History: (786) RL s 450; 1931 c 384; 1961 c 560 s 32; 1975 c 5 s 133; 1981 c 29 art 7
s 34; 1984 c 629 s 2; 1986 c 444
375.21 CONTRACTS OF COUNTY BOARDS.
Subdivision 1. Procedure, conditions.
When required by the dollar limitations of section
, a contract for work or labor, or to purchase furniture, fixtures, or other property, or
to construct or repair roads, bridges, or buildings shall be made by a county board only after
advertising for bids or proposals in a qualified legal newspaper of the county. For the purchase
of property or for work and labor, two weeks' published notice that proposals will be received,
stating the time and place, shall be given. For the construction or repair of roads, bridges, or
buildings, three weeks' published notice shall be given. The notice shall state the time and place of
awarding the contract and contain a brief description of the work. Every contract shall be awarded
to the lowest responsible bidder and duly executed in writing. The person to whom a contract is
awarded for work or labor or for the construction or repair of roads, bridges, or buildings shall
give a sufficient bond to the board for its faithful performance. If no satisfactory bid is received,
the board may readvertise.
An advertised standard requirement price contract for supplies or services established by
competitive bids may contain an escalation clause and may provide for a negotiated price increase
or decrease. The escalation or negotiated change shall be based upon a demonstrable industrywide
or regional increase or decrease in the vendor's costs.
Every contract made without compliance with this section is void.
In case of an emergency arising from the destruction or impassability of roads or bridges
by floods, rain or snow, or other casualty, or from the breaking or damaging of any property in
the county, if the public health, safety, or welfare would suffer by delay, contracts for purchase
or repairs may be made without advertising for bids, but in that case the action of the board
shall be recorded in its official proceedings.
Subd. 1a. Except Hennepin County.
This section does not apply to Hennepin County.
Subd. 2.[Repealed, 1967 c 364 s 2
Subd. 3.[Repealed, 1967 c 364 s 2
History: (991, 992, 993-1) RL s 618,619; 1919 c 355; 1921 c 376; 1923 c 80; Ex1934 c
69; 1935 c 17; 1939 c 5; 1939 c 246; 1947 c 138 s 1; 1957 c 497 s 1; 1959 c 337 s 1; 1967 c
364 s 1; 1969 c 153 s 1; 1969 c 613 s 3; 1979 c 198 art 4 s 13; 1981 c 45 s 1; 1984 c 629 s
2; 1987 c 164 s 2; 1990 c 389 s 1
375.22 REPAIRS WITHOUT BIDS IN EMERGENCY.
Subdivision 1. Procedure.
In case of an emergency arising from breakage, damage, or
decay in county property that cannot be allowed to wait for the time required to advertise for
bids, repairs may be made without advertising for bids if the work is authorized by a majority
of the board of county commissioners, and the action is ratified and recorded in the official
proceedings of the board at its next meeting.
Subd. 2. Except Ramsey County.
This section does not apply to Ramsey County.
History: (993) 1905 c 189 s 1; 1974 c 435 art 7 s 1; 1984 c 629 s 2
375.23 ASSESSMENT AND ROAD DISTRICTS IN UNORGANIZED TERRITORY.
Subdivision 1. Appoint residents as assessor, road overseer; terms.
The county board
of any county, any part of which is not organized into towns, shall, at its meeting in January, in
each year, divide the unorganized territory into one or more assessment and road districts and
appoint a qualified person residing there as assessor for each district and another as overseer of
roads, each of whom shall possess the powers and perform the duties of a town assessor and town
overseer of roads, respectively. Each shall hold office for one year.
Subd. 2. Compensation; assessor's mileage allowance.
The compensation of an overseer
of roads shall be fixed by the county board, not exceeding $4 per day. The compensation of an
assessor shall be fixed by the county board, not exceeding $6 per day, or on an annual basis not
exceeding $400 nor less than $75. The county board may also allow the assessor five cents per
mile for each mile necessarily traveled in assessment work.
History: (770) RL s 442; 1909 c 250 s 1; 1945 c 528 s 1; 1984 c 629 s 2
375.25 COUNTY BONDS MAY BE BOUGHT BY FUNDS IN TREASURY; RESALE.
When a fund in the treasury of a county having not more than 50,000 population is of a size
that, in the opinion of the county board, it will not be necessary to be spent for the purpose for
which it was paid in within the next two years the board may authorize the auditor and treasurer of
the county to purchase out of the fund any outstanding bonds of the county at not more than their
face value and accrued interest to the date of purchase. The bonds shall be kept by the treasurer as
an asset of the fund. The bonds may again be sold by the board at not less than their face value
when, in its judgment, it is necessary to replenish the fund out of which they were purchased.
History: (669-1, 669-2) 1907 c 214 s 1,2; 1984 c 629 s 2
375.26 GIFTS, ACCEPTANCE.
A county may receive by grant, gift, devise, or bequest, and take charge of, own, hold,
control, invest, and administer free from taxation, in accordance with the terms of the trust or the
conditions of the gift, personal property, and real property in one county, for the use and benefit of
the inhabitants of the county or as a park or recreation grounds, and to encourage, aid, and maintain
the county cooperative work and education in agriculture and home economics. The county may,
from time to time, by resolution of the county board, appropriate from the county revenue fund
the sums deemed necessary by the board to suitably maintain, improve, and care for the property.
History: (669-12) 1925 c 13 s 1; 1933 c 59 s 1; 1939 c 30 s 1; 1949 c 481 s 1; 1951 c 158 s
1; 1957 c 8 s 1; 1980 c 379 s 2; 1984 c 629 s 2
375.27 LIABILITIES, LIMITATIONS, AND CONDITIONS OF GIFTS OF REALTY.
No county, by receiving a grant, gift, devise, or bequest of property pursuant to section
and holding and managing it, shall incur or be subject to any liability of any kind or
nature growing out of its ownership or management, but limitations and conditions may be
imposed by the deed of gift as to the use of the property and it shall be the duty of the county
to comply with them.
History: (669-13) 1925 c 13 s 2; 1984 c 629 s 2
375.273 ACCEPTANCE OF DONATIONS FOR CARE OF CEMETERIES.
Subdivision 1. Acceptance of donations.
The board of county commissioners may accept
money from private sources or from any person, firm, or corporation, including fiduciaries,
donated for the perpetual care of cemeteries located either wholly or partly in the county, and use
the funds for the purposes provided in subdivision 2.
Subd. 2. Use of public money for cemeteries.
The board may expend public funds under its
control to maintain and improve, and otherwise permanently care for cemeteries located either
wholly or partly in the county. The expenditures shall be included in, and shall not be in excess
of, limitations on expenditures fixed by law.
Subd. 3. Donations deposited with county treasurer.
The money donated or made available
for use by the board to permanently care for cemeteries, shall be paid into the county treasury, and
kept in a separate fund and disbursed only as authorized by the county board.
History: 1945 c 364 s 1; 1984 c 629 s 2
375.28 REWARDS FOR CAPTURE.
A county board may offer and pay rewards in the amounts, not exceeding $500 in any
one case, as it deems advisable for the apprehension, arrest, or conviction, or for information
leading to the apprehension, arrest, or conviction, of persons accused of crime in any court in the
county or for the apprehension, or for information leading to the apprehension, of any prisoner
escaped from a jail in the county.
History: (669-15) 1925 c 23 s 1; 1984 c 629 s 2
375.30 COUNTY BOARD MAY APPROPRIATE MONEY FOR CERTAIN PURPOSES.
Subdivision 1. Rust-producing bushes.
A county board may appropriate, annually, a sum
of money to eradicate and remove rust-producing bushes, including barberry and mahonia and
excluding Japanese barberry. The money appropriated shall be spent as the county board may, by
Subd. 2. Wild hemp.
A county board, by resolution, may appropriate and spend money
as necessary to spray and otherwise eradicate wild hemp, commonly known as marijuana,
on private property within the county. The county board may authorize the use of county
equipment, personnel and supplies and materials to spray or otherwise eradicate wild hemp
on private property, and may pro rate the expenses involved between the county and owner or
occupant of the property.
History: (671) 1921 c 142; 1971 c 812 s 1; 1984 c 629 s 2
375.31 MOTOR VEHICLES, DAMAGE FROM OPERATION.
A county board may indemnify any county officer or employee for loss or expense arising or
resulting from any claim made against the officer or employee because of bodily injury, death or
property damage sustained by reason of the officer's or employee's operation of a motor vehicle
while performing official duties. The county board may defend any suit brought against an officer
or employee to enforce such a claim. The county board may settle the claim or suit and pay the
amount of the settlement or the amount of any final judgment rendered against an officer or
employee on the claim without first requiring the officer or employee to pay it.
History: (672-1) 1931 c 330 s 1; 1951 c 131 s 1; 1984 c 629 s 2; 1986 c 444
375.32 INSURANCE POLICIES; PREMIUM, PAYMENT.
Subdivision 1. Payment of premium.
A county board may pay the premium on an insurance
policy which insures a county officer or employee or a group of county officers or employees
against liability for injuries to person or property within the limitations of section
payment shall not impose any liability upon the county. The insurance may be written by any
insurance company authorized to transact business in Minnesota.
Subd. 2. Automobile insurance coverage.
A county board may take action as necessary to
bring the county and its officers and employees within the provisions and limitations of chapter
History: (672-2) 1931 c 330 s 2; 1951 c 131 s 2,3; 1984 c 629 s 2
375.34 MEMORIAL DAY, APPROPRIATION FOR OBSERVANCE.
The county board of each county may appropriate from the revenue fund of the county not
more than $2,000 annually to aid in the observance of Memorial Day in commemoration of the
noble and valiant deeds of the nation's soldier dead.
History: (762) 1911 c 109 s 1; 1955 c 24 s 1; 1979 c 310 s 1; 1984 c 629 s 2
375.35 $100 TO MILITARY SERVICE ORGANIZATIONS FOR MEMORIAL DAY.
A county board may also appropriate annually not more than $100 to each post of a
recognized military service persons' organization or society, holding charter from Congress
or incorporated in this state, organized and existing in the county, to defray the expenses of
Memorial Day exercises.
History: (762-1) 1921 c 233 s 1; 1927 c 407; 1949 c 120 s 1; 1974 c 161 s 14; 1979 c 310
s 2; 1984 c 629 s 2
375.36 MAY BUY AND KEEP UP PART OF CEMETERY AS SOLDIERS' REST.
Subdivision 1. County powers; soldiers' rest.
A county board may purchase a plot of
ground in any duly organized cemetery lying, in whole or part, in the county, or in a contiguous
county, to be designated and used exclusively as a soldiers' rest. The county may appropriate
money for its cost, embellishment, and upkeep, and for the opening and the closing of graves in it.
Subd. 2. Veteran may run.
The board may use the portion of the appropriation as it deems
necessary for compensation and expenses of an agent, who shall be a veteran, to care for the burial
ground and to issue permits for burial in it.
Subd. 3. Except Ramsey County.
This section does not apply to Ramsey County.
History: (763) 1917 c 60 s 1; 1923 c 335 s 1; 1937 c 178 s 1; 1945 c 257 s 1; 1974 c
435 art 7 s 1; 1984 c 629 s 2; 2006 c 176 s 1
375.37 "SOLDIERS' REST" USED ONLY FOR VETERANS AND SPOUSES.
Any plot of ground secured and designated as a "soldiers' rest" shall be used exclusively
for the interment of deceased veterans, as defined in section
, and spouses of veterans
without charge for space in it.
History: (764) 1917 c 60 s 2; 1933 c 336; 1937 c 178 s 2; 1945 c 145 s 1; 1984 c 629
s 2; 1993 c 100 s 4
375.38 VIOLATION A MISDEMEANOR.
A person who inters or causes to be interred a body, or makes a charge for a burial lot in a
soldiers' rest, except as provided by section
, is guilty of a misdemeanor.
History: (765) 1917 c 60 s 3; 1937 c 178 s 3; 1984 c 629 s 2
375.39 CHANGE OF NAME OF COUNTY; ORDER OF COUNTY BOARD.
A county board may change the name of the county upon a petition signed by a number of
the legal voters of the county equal to 55 percent of the votes cast at the last preceding general
election, and shall adopt the new name suggested in the petition as the official name of the county.
The petition shall be filed with the county auditor who shall then promptly give public notice of the
filing of the petition by publishing it in the official newspaper of the county. The petition shall be
considered at the next meeting of the board held not less than 30 days after the date of the notice.
The petition being granted, the board shall make a formal order to that effect, which shall be
filed with the auditor. After filing, the official name of the county shall be the one adopted.
History: (674, 675) 1905 c 23 s 1,2; 1984 c 629 s 2
375.40 COUNTY BOARD MAY LICENSE EXHIBITIONS AND SHOWS.
A county board may license and regulate itinerant shows, carnivals, circuses, endurance
contests, and exhibitions of any nature whatsoever. Sections
do not apply to
shows, carnivals, circuses, contests, and exhibitions held within the incorporated limits of a city.
The fee for a license shall be fixed by the county board in the amount it deems advisable.
The board may require, as a condition for granting the license, the posting of a penal bond in
the amount it shall determine.
Application for a license shall be made on the form the county board determines. Upon
approval of an application and the payment of the license fee and the posting of the required
bond, the county auditor shall issue the license.
History: (10536-11, 10536-12, 10536-13, 10536-14) 1937 c 331 s 1-4; 1973 c 123 art 5
s 7; 1984 c 629 s 2; 2001 c 22 s 1
375.41 MISDEMEANOR TO TAKE PART IN UNLICENSED ITINERANT SHOW.
A person, partnership, association, or corporation who conducts, or takes part in, any
itinerant show, carnival, circus, endurance contest, or exhibition not licensed, as provided in
, is guilty of a misdemeanor.
History: (10536-15) 1937 c 331 s 5; 1984 c 629 s 2
do not apply to any itinerant show, carnival, circus, endurance
contest, or exhibition held in connection with an agricultural association fair.
History: (10536-16) 1937 c 331 s 6; 1984 c 629 s 2
375.44 MILEAGE, COUNTY HOSPITAL BOARD MEMBERS.
The county board of any county in which a county hospital is located may by resolution
authorize the members of any county hospital board who are not members of the county board
to receive reimbursement for each mile necessarily traveled in attending meetings in the
performance of their duties.
History: 1957 c 83 s 1; 1984 c 629 s 2
375.45 CHANGE FUNDS, ESTABLISHMENT.
The county board shall establish funds in the county offices and departments as it deems
necessary for the purpose of making change only. The change funds shall be established by
making an appropriation for them from the proper fund in whatever amounts the county board
shall determine. The officer receiving a change fund shall be its custodian and responsible for its
safekeeping and use. The change fund shall not be used to make payments of expenses provided
for in section
History: 1959 c 502 s 1; 1967 c 44 s 1; 1976 c 181 s 2; 1984 c 629 s 2
375.46 MAY GIVE GENERAL FUND MONEY TO SHERIFF FOR PATROLS.
Subdivision 1. On county roads, highways.
A county board may appropriate, out of its
general fund, money to permit the sheriff to patrol the roads and highways of the county to
investigate conditions respecting observances of laws.
Subd. 2. Must patrol if asked.
Upon request by the county board the sheriff shall provide
a patrol of roads and highways as provided in subdivision 1.
History: 1961 c 258 s 1; 1977 c 158 s 1; 1984 c 629 s 2
375.47 EXPENSE ALLOWANCES FOR MEMBERS OF BOARDS AND AGENCIES.
Subdivision 1. Reasonable.
Except in Hennepin county, the board of county commissioners
of each county may, by resolution, set a reasonable allowance for expenses or a per diem
allowance in lieu of expenses and a mileage allowance to be paid the members of boards or
agencies authorized by statute, and members of advisory boards or committees, performing duties
for all or part of the county, when the board or agency does not itself have power to make expense
allowances for its members. The allowances shall be paid from the funds under the administration
of the boards or agencies. Members of the board of county commissioners shall not receive any
per diem pursuant to this subdivision.
Subd. 2. No doubling of expenses.
No member of a board, agency, advisory board, or
committee shall receive an allowance for expenses, or a per diem allowance in lieu of expenses,
or a mileage allowance pursuant to subdivision 1, if in another capacity the member receives from
the county under authority of any other statute or resolution either:
(a) an allowance for or per diem allowance in lieu of the same expenses or mileage; or
(b) a fixed amount, whether as part of a salary or otherwise, for expenses of like kind
incurred in the performance of duties in the other capacity.
History: 1967 c 78 s 1,2; 1975 c 301 s 10; 1978 c 481 s 1; 1984 c 629 s 2; 1986 c 444;
2000 c 454 s 1
375.471 LAND CONSERVATION AND UTILIZATION; FEDERAL AID.
The county boards of the several counties which have been designated as a resource
conservation and development project area under United States Code, title 7, section 1011(e) and
acts amendatory thereof, may enter into agreements as necessary with the secretary of agriculture
of the United States and other agencies of the federal government for the program of land
conservation and land utilization authorized by United States Code, title 7, section 1010 and
acts amendatory thereof, to accept assistance for the program under United States Code, title 7,
section 1011 and acts amendatory thereof, to engage in works of improvement as necessary for
the purpose of the acts and to cooperate with the secretary of agriculture and federal agencies so
that residents of this state obtain the benefits and advantages available to them and intended by
Congress to be available by the acts. The county boards shall comply with the requirements of
federal law and any rules and regulations promulgated under it and with appropriate state laws to
accomplish the purposes intended by this section. If a proceeding is instituted by petition for an
improvement under this section, it may be conducted by a board in the same manner provided
for the establishment of a drainage system under chapter 103E. A majority of the landowners as
defined in section
103E.212, subdivision 2
, shall be required for a valid petition. They may also
proceed under authority provided by other law.
History: 1967 c 581 s 1; 1976 c 2 s 136; 1984 c 629 s 2; 1985 c 172 s 128; 1990 c 391
art 8 s 39
375.48 MAY APPOINT COUNTY COORDINATOR TO SERVE AT ITS PLEASURE.
Subdivision 1. Terms; title; salary; qualifications.
, a county board may employ a county coordinator upon terms it considers advisable.
It may assign whatever title to the county coordinator that it decides is appropriate. It may
appropriate funds and provide suitable office space for the office. The county board shall set the
salary of the county coordinator. The coordinator shall be chosen solely on the basis of training,
experience and administrative qualifications and need not be a resident of the county at the time
of appointment. The county coordinator serves at the pleasure of the board and employment may
be terminated by the board without notice. The board may provide for a termination allowance.
Subd. 2. May be officer or employee.
The county board may appoint as county coordinator
any county officer or employee except a county commissioner during the term for which the
commissioner was elected. If a county officer or employee is appointed county coordinator,
the board may provide that the duties of county coordinator are in addition to the duties as an
officer or employee.
Subd. 3. Except Hennepin County.
This section does not apply to Hennepin County.
History: 1967 c 585 s 1; 1973 c 542 s 14; 1978 c 462 s 2; 1979 c 198 art 4 s 13; 1984 c 629
s 2; 1985 c 109 s 6; 1987 c 164 s 3
375.49 COUNTY COORDINATOR DUTIES; CONSIDERED DEPARTMENT HEAD.
Subdivision 1. County board to prescribe.
(a) The county board shall prescribe the duties
of the county coordinator.
(b) Insofar as required by the county board, the county coordinator is responsible to the board
for the proper administration and management of any assigned duty and for these purposes is
considered the head of a department.
Subd. 2. Possible duties and responsibilities.
(a) The county coordinator may be assigned
any of the following duties and responsibilities:
(1) to manage any or all of the affairs of the county which the county board has authority
(2) to examine regularly the books, papers and accounts of each department, office, and
agency of the county under the control of the county board and to report to the board the condition
in which the county coordinator finds them and other information as the board directs;
(3) to submit to the board recommendations concerning the affairs of the county, its future
financial needs, and its offices, departments and agencies as the county coordinator considers
(4) to see that all orders, resolutions and regulations of the county board are faithfully
(5) to initiate and present a proposed annual budget to the county board for its review and
(6) to serve as clerk of the county board.
(c) When a resolution is adopted directing the county coordinator to assume the
responsibilities of clerk of the board, the county auditor shall no longer be held responsible for the
duties as clerk to the board imposed by section
Subd. 3. Except Hennepin County.
This section does not apply to Hennepin County.
History: 1967 c 585 s 2; 1973 c 542 s 14; 1979 c 198 art 4 s 13; 1984 c 629 s 2; 1985
c 109 s 7
375.50 MAY RESCIND COUNTY COORDINATOR RESOLUTION.
Subdivision 1. Anytime.
The board at any time may rescind the resolution establishing
the office of county coordinator. Any duties and responsibilities previously assigned to the
county coordinator, upon adoption of the rescinding resolution, shall be vested in the officer or
department which had responsibility for the function before the transfer of the function to the
Subd. 2. Except Hennepin County.
This section does not apply to Hennepin County.
History: 1967 c 585 s 3; 1973 c 542 s 14; 1979 c 198 art 4 s 13; 1984 c 629 s 2; 1985
c 109 s 8
375.51 ORDINANCES; ENACTMENT, PUBLICATION.
Subdivision 1. Enactment.
In any instance in which a county board is authorized by law
to enact ordinances, the ordinances shall be adopted in the manner prescribed in this section
except as otherwise provided by law. A public hearing shall be held before the enactment of any
ordinance adopting or amending a comprehensive plan or official control as defined in section
. Every county ordinance shall be enacted by a majority vote of all the members of the
county board unless a larger number is required by law. It shall be signed by the chair of the
board and attested by the clerk of the board. The ordinance shall be published as provided in this
section. Proof of the publication shall be attached to and filed with the ordinance in the office of
the county auditor. Every ordinance shall be recorded in an ordinance book in the office of the
county auditor within 20 days after its publication. All ordinances shall be suitably entitled and
shall be substantially in the style: "The county board of ...... county ordains:".
Subd. 2. Notice of intention.
No county ordinance shall be enacted unless a notice of the
intention to enact it has been published in the official newspaper of the county not less than
ten days before the meeting or public hearing required by subdivision 1 at which it is to be
considered. Public hearings may be continued from time to time and additional hearings may be
held. The notice shall state the subject matter and the general purpose of the proposed ordinance.
Proof of the publication of the notice shall be attached to and filed with the ordinance, if enacted,
in the office of the county auditor.
Subd. 3. Publication.
Every ordinance enacted by a county board shall be published at least
once as part of the proceedings of the meeting at which the ordinance was enacted. Publication
shall be made in the official newspaper of the county but additional publications, either in the
official newspaper or other newspaper, may be ordered. An ordinance may be published in its
entirety, or otherwise as provided in this subdivision.
To the extent of the authority described in subdivision 1, a county may incorporate in an
ordinance by reference any statute of Minnesota, any administrative rule of any department of the
state of Minnesota affecting the county, or any code. The term "code" as used in this subdivision
means any compilation or parts of a compilation of regulations or standards prepared by any
governmental agency or any trade or professional association for general distribution in printed
form as a standard or model on the subject of building construction, plumbing, electric wiring,
inflammable liquids, sanitary provisions, public health, safety, or general welfare.
A lengthy ordinance or an ordinance which includes charts or maps need not be published in
its entirety if the title and a summary of the ordinance conforming to section
, are included in the publication of the proceedings of the meeting at which it is enacted, with
notice that a printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the county auditor. In that case and if a statute, administrative rule
or a code is adopted by reference, all requirements of statute for the publication of ordinances
shall be satisfied if the summary of the ordinance or the ordinance incorporating the statute, rule
or code is published in the required manner and if, prior to publication, at least one copy of the
entire ordinance or of the statute, rule, or code is marked as the official copy and filed for use and
examination by the public in the office of the county auditor. Provisions of the entire ordinance or
of the statute, rule, or code incorporated in the ordinance by reference shall be as much a part of
the ordinance as if they had been set out in full in it.
History: 1967 c 698 s 1; 1974 c 571 s 47-49; 1984 c 543 s 43; 1984 c 629 s 2; 1986 c 444
375.52 REVISION AND CODIFICATION.
A county may revise and codify and print in book, pamphlet or newspaper form any general
and special laws, ordinances, resolutions and rules in force in the county. The codification shall
be a sufficient publication of any ordinance included in it and not previously published in a
newspaper if a substantial quantity of the codification is printed for general distribution to the
public. The county board may make a reasonable charge for the cost of printing and distribution
of ordinances or a codification of ordinances. A copy of any ordinances adopted by the county
must be furnished to the county law library or its designated depository. A county, upon request,
shall be reimbursed a reasonable charge by the county law library for a copy furnished.
History: 1967 c 698 s 2; 1984 c 543 s 44; 1984 c 629 s 2; 1995 c 105 s 1
375.53 VIOLATIONS OF ORDINANCES, PENALTIES.
The county board may declare that the violation of any ordinance shall be a penal offense and
prescribe penalties for a violation. The penalties shall not exceed those permitted for conviction
of a misdemeanor as defined by law.
History: 1967 c 698 s 3; 1984 c 629 s 2
375.54 PROSECUTIONS UNDER ORDINANCE.
All prosecutions for violation of county ordinances shall be brought by the county attorney
in the name of the county upon complaint and warrant as in other criminal cases.
History: 1967 c 698 s 4; 1984 c 629 s 2
375.55 DISPOSITION OF FINES RECOVERED FOR ORDINANCE VIOLATIONS.
All fines, forfeitures, and penalties recovered for the violation of a county ordinance shall
be paid into the county treasury. Every court or officer receiving such money, on or before the
tenth day after the last day of the month in which the money is collected, shall make a return of
it under oath and be given duplicate receipts for the amounts paid. One of the receipts shall be
filed with the county auditor.
History: 1967 c 698 s 5; 1984 c 629 s 2
375.551 COUNTY EMERGENCY JOBS PROGRAM.
A county board of a county experiencing chronic high unemployment may establish
an emergency employment program to meet the needs of its economically disadvantaged,
History: 1983 c 307 s 1; 1984 c 629 s 2
Subdivision 1. Application.
For the purposes of sections
, the following
terms have the meanings given them.
Subd. 2. Employment program.
"Employment program" means a program offering
job training programs or jobs through public works projects to economically disadvantaged,
unemployed residents of a county.
Subd. 3. Economically disadvantaged, unemployed resident.
disadvantaged, unemployed resident" means a person (a) who is not eligible for or who refuses
to accept financial assistance pursuant to chapter 256, 256B, 256D, or 268; (b) whose income
or household income is at or below 25 percent of the statewide median household income as
determined by the 1980 federal census; (c) who is a bona fide resident of the county; and (d)
who is unemployed.
Subd. 4. Wage.
"Wage" means the basic minimum wage pursuant to section
Subd. 5. Chronic high unemployment.
"Chronic high unemployment" means an
unemployment rate, as defined by the Department of Employment and Economic Development, in
a county or portion of a county that exceeds the national unemployment rate for four consecutive
months in the 12-month period immediately preceding September 1.
History: 1983 c 307 s 2; 1984 c 629 s 2; 1Sp1985 c 14 art 9 s 75; 1994 c 483 s 1; 2004
c 206 s 52
375.553 COUNTY EMERGENCY EMPLOYMENT PROGRAM.
The funds authorized in section
shall be expended by the county for job training
programs or for jobs through public works projects submitted to the county by its departments
and agencies and those of cities, towns, school districts, state and federal agencies, park reserve
districts, and other special districts, including metropolitan agencies that are located totally or
partially within the county. The funds shall be expended only for training programs or public
works projects located within the county. The projects shall be beneficial to the submitting local
unit and may include permanent improvements or maintenance of public property, residential
weatherization programs, landscaping of public grounds or parks, planting or trimming trees,
improving open space areas, playgrounds, and recreational facilities owned or operated by
the sponsoring unit of government, and reclamation and reforestation. The sponsoring unit of
government shall provide the administration, supervision, supplies, and materials for its training
program or public works project. All funds available through the authority granted in section
shall be expended for wages and benefits for program participants except that up to
two percent of the total amount shall be available to reimburse the county for its actual cost of
administering the program.
History: 1983 c 307 s 3; 1984 c 629 s 2
375.554 PROGRAM RULES.
The county board shall establish rules governing the operation of the employment program.
Rules shall include but not be limited to number of hours worked, benefits, and methods and
terms of payment.
History: 1983 c 307 s 4; 1984 c 629 s 2
To implement the county emergency jobs program, the county board may expend an amount
equal to what would be generated by a levy of 0.01209 percent of taxable market value. The
money to be expended may be from any available funds not otherwise earmarked.
History: 1983 c 307 s 5; 1984 c 629 s 2; 1989 c 277 art 4 s 34
PERSONNEL ADMINISTRATION SYSTEM
375.56 CREATE DEPARTMENT; APPOINT APPEALS BOARD TO ESTABLISH.
A county board may establish a county personnel administration system by adopting a
resolution creating a personnel department, establishing an effective date and appointing a
personnel appeals board pursuant to section
History: 1976 c 182 s 1; 1984 c 629 s 2
Subdivision 1. Application.
For the purpose of sections
, unless the context
clearly indicates that a different meaning is intended, the terms defined in this section have the
Subd. 2. Appointing authority.
"Appointing authority" means the official, employee, board,
or commission, or the person or group of persons empowered by statute, ordinance or resolution
to make an appointment to positions as county employees within the scope of sections
Subd. 3. Director.
"Director" means the director of the department of personnel.
Subd. 4. Personnel department.
"Personnel department" means the personnel director and
the employees engaged in the administration of the personnel department.
Subd. 5. Board of appeals.
"Board of appeals" means the personnel board of appeals
established pursuant to section
History: 1976 c 182 s 2; 1984 c 629 s 2
Subdivision 1. All but excluded.
The jurisdiction of a county personnel department created
pursuant to section
shall include every county level public employment position for which
the appointing authority is the county board, the local social services agency, the county human
services board, an elected county official, an appointed county department head, or a commission
or board appointed by the county board, except the positions excluded under subdivisions 2 and 3.
Subd. 2. Excluded.
The following positions are excluded from the jurisdiction of the county
(a) elected positions;
(b) positions for which a county or district court judge is the appointing authority;
(c) positions designated as department heads appointed by the county board;
(d) positions designated as department heads appointed by boards or commissions appointed
by the county board;
(e) one position designated by each elected department head as a chief or principal assistant;
(f) one position designated by each elected department head as a personal secretary.
Subd. 3. Optional exclusions.
At the option of the county board, the following positions
may be excluded from the jurisdiction of the county personnel department:
(a) any positions subject to merit systems established pursuant to sections
(b) positions designated as temporary or seasonal;
(c) positions held by special deputies and volunteers serving without pay;
(d) positions held by students in training.
History: 1976 c 182 s 3; 1981 c 317 s 2; 1984 c 629 s 2; 1994 c 631 s 31
375.59 PERSONNEL DIRECTOR APPOINTMENT.
A county board which has adopted the resolution authorized in section
appoint a personnel director or assign the function of personnel director to an existing officer or
employee. In a county which is operating under an optional form pursuant to sections
, the authority to appoint the personnel director shall be the same as for the appointment
of other department heads. The terms and conditions of employment of the person appointed as
director or assigned the function of director shall be established by the county board.
History: 1976 c 182 s 4; 1984 c 629 s 2
375.60 DUTIES AND POWERS OF THE DIRECTOR.
Subdivision 1. Rules.
The personnel director shall prepare personnel rules, which shall be
effective upon approval by the county board, to carry out sections
. The rules
shall provide, among other things, for:
(a) Preparation of a classification plan and classification of positions within the jurisdiction
of the department in accordance with the plan.
(b) Creation and maintenance of lists of eligibles. No name shall remain on an eligible
list for more than two years.
(c) Certification of names to the appointing authority from the eligible list for appointment,
promotion, or reemployment.
(d) Establishment of procedures for the recruitment, selection and advancement of personnel
on the basis of relative ability, knowledge and skills.
(e) Establishment of procedures assuring nondiscriminatory and fair treatment of applicants
and employees in all aspects of personnel administration without regard to political affiliation,
race, color, national origin, sex, or religious creed.
(f) Establishment of procedures for suspension or termination or other disciplinary action,
including procedures for appeal of actions by appointing authorities with respect to suspension or
termination or other disciplinary action.
Subd. 2. Administration.
The director shall administer the personnel department. In addition
to the duties imposed elsewhere in sections
, the director shall:
(a) Appoint, supervise and direct the work of the employees of the personnel department.
(b) Schedule and conduct hearings as required by rules adopted pursuant to sections
or at the direction of the county board.
(c) Provide for, formulate and hold competitive examinations as required by rule to
determine the qualifications of persons seeking employment in positions within the jurisdiction of
(d) Make investigations concerning the administration and effect of rules made pursuant to
and report the findings and recommendations to the county board.
(e) Establish programs for training and continuing education of employees as deemed
appropriate by the county board to improve the quality of service of employees holding positions
within the jurisdiction of the department.
(f) Prepare a compensation plan and recommend a schedule of salary or wage rates for
positions within the jurisdiction of the personnel department for adoption by the county board.
History: 1976 c 182 s 5; 1984 c 629 s 2; 1986 c 444
375.61 PAYROLLS APPROVED BY DIRECTOR.
No disbursing officer shall pay a salary or compensation for service to a person holding a
position within the jurisdiction of a personnel department established pursuant to sections
unless the payroll or account for the salary or compensation is certified by the personnel
director or an authorized employee that the persons paid or compensated have been appointed
in accordance with sections
and rules adopted pursuant to sections
. The director shall not certify a payroll item for a person holding a position within the
jurisdiction of the department unless the person has been appointed and employed in accordance
and rules adopted pursuant to sections
History: 1976 c 182 s 6; 1984 c 629 s 2
375.62 CIVIL SERVICE AND MERIT SYSTEM RELATIONSHIPS.
Unless a county board has elected to exclude any or all positions otherwise subject to merit
systems established pursuant to sections
12.22, subdivision 3
, from the jurisdiction of the personnel department, the provisions of sections
and any rules promulgated pursuant to
those sections shall be superseded insofar as they are inconsistent with sections
but no positions subject to merit systems established pursuant to sections
12.22, subdivision 3
, shall be removed from existing merit system coverage and placed under
a personnel department established pursuant to sections
, until that personnel
department is certified in accordance with the United States Office of Personnel Management's
standards for a merit system of personnel administration. Nothing in section
, shall be
construed to prohibit the inclusion of sheriff's department personnel in a personnel system
established pursuant to sections
History: 1976 c 182 s 7; 1981 c 317 s 3; 1984 c 629 s 2; 1985 c 248 s 70
375.63 VETERANS TO BE GIVEN PREFERENCE.
Nothing in sections
shall be construed to remove, limit, or extend the
rights and preferences of veterans as established by sections
, except that the
county board may enact rules relative to retirement age which shall apply to veterans on the same
basis as they apply to other persons.
History: 1976 c 182 s 8; 1984 c 629 s 2
375.64 COLLECTIVE BARGAINING RELATIONSHIPS.
Subdivision 1. Joint employer.
For purposes of negotiating collective bargaining agreements
and resolving grievances involving them pursuant to sections
, the appointing
authority and the county board shall be deemed the joint employer for positions within the
jurisdiction of a personnel department established pursuant to sections
Both shall be signatories to negotiated agreements or grievance settlements. In the event of
disagreement between the county board and the appropriate appointing authority as to the final
terms of a negotiated agreement or grievance settlement, the decision of the county board shall be
final and binding on behalf of the county as employer for all employees of the county, including
employees under the jurisdiction of an appointing authority other than the county board.
Subd. 2. Incumbent employees.
Any employee holding a position covered by sections
shall, upon the effective date of the establishment of a county personnel
administration system, retain the position without further examination and suffer no loss in wages,
seniority or benefits as the result of the implementation of sections
History: 1976 c 182 s 9; 1984 c 462 s 27; 1984 c 629 s 2
375.65 PERSONNEL BOARD OF APPEALS.
Subdivision 1. Members, terms, qualifications.
The county board shall appoint three
persons to serve staggered terms as members of a personnel board of appeals. After the first
appointments, successors shall serve for terms of three years each. Expiration dates for expiring
terms shall be fixed by the county board and vacancies shall be filled by a majority vote of the
county board for the unexpired term. Persons appointed to the personnel board of appeals shall
not serve while holding any county office or while standing as a candidate for any county office,
or while employed by the county. Each member shall be a resident of the county and shall forfeit
office on becoming a nonresident.
Subd. 2. Compensation, expenses.
Compensation for members of the personnel board of
appeals shall be set by the county board and each member shall be paid actual and necessary
Subd. 3. Officers, rules.
The personnel board of appeals shall organize by electing a chair
and vice-chair and shall develop rules of procedure for matters brought before it under sections
and rules promulgated pursuant to sections
History: 1976 c 182 s 10; 1984 c 629 s 2; 1986 c 444
375.66 DUTIES OF BOARD OF APPEALS.
Subdivision 1. Jurisdiction.
The personnel board of appeals shall meet upon call of its
chair or the personnel director to make findings and report to the county board within 30 days
of the filing of an appeal by an applicant, employee, or appointing authority in the following
(a) Alleged arbitrary or capricious action on the part of the county board with respect to final
establishment of rules under sections
(b) Alleged discrimination by the personnel director or the director's employees in
examination procedures or preparation of lists of eligible candidates, or discriminatory use of them
by the appointing authority under sections
or rules promulgated under them.
(c) Alleged misinterpretation or evasion by the personnel director or the county board of
provisions of sections
or the rules promulgated under them in a manner seriously
detrimental to the party bringing the appeal.
(d) Other matters of grievance as provided for in rules promulgated under sections
Subd. 2. Procedures.
The personnel board of appeals shall establish procedures setting forth
the methods and timetable for appeals to the board.
Subd. 3. Appeal findings.
Findings and reports of the personnel board of appeals shall be
submitted to the county board for consideration and action as deemed appropriate by the county
board, but, to the extent required for employees of departments and agencies paid in full or in
part by federal funds, the findings of the personnel board of appeals shall be final and binding if
necessary to conform to a federal or state regulation affecting the department or position.
History: 1976 c 182 s 11; 1984 c 629 s 2; 1986 c 444
375.68 ABOLITION OF SYSTEM.
A personnel administration system established pursuant to sections
abolished at any time by resolution of the county board adopted by a majority of all its members.
Upon adoption of the resolution, the personnel department shall cease to exist and the status of all
departments, commissions, and employees shall be the same as if no personnel administration
system had been established.
History: 1976 c 182 s 13; 1984 c 629 s 2
375.70 FEDERAL AID FOR MANPOWER SERVICES.
A county may receive financial assistance from agencies of the United States, and plan for,
and carry out comprehensive manpower services as provided for in the Emergency Employment
Act of 1971, as amended, and the Comprehensive Employment and Training Act of 1973, as
History: 1976 c 182 s 15; 1984 c 629 s 2
375.71 PROTECTION OF RIGHTS UNDER STATE AND FEDERAL LAWS.
Subdivision 1. Equal employment, human rights.
Nothing in sections
shall be construed to permit or encourage any action or conduct prohibited by the Minnesota
Human Rights Act or prohibit recourse to any remedies provided in the Minnesota Human
Rights Act or any other state or federal law relating to equal employment opportunities, and
the provisions of these acts shall continue to apply to county employment generally, including
positions excluded from the jurisdiction of the county personnel administration system.
Subd. 2. PELRA rights.
Nothing in sections
shall be construed to affect
the rights and obligations of employees and employers under sections
, or to
in any way supersede provisions regarding public employment relationships under the Public
Employment Labor Relations Act of 1971, or the provisions of any contracts or agreements
executed pursuant to it.
History: 1976 c 182 s 16; 1984 c 462 s 27; 1984 c 629 s 2
375.72 COUNTY PURCHASING DEPARTMENT.
In order to create economies through volume buying, to promote competitive bidding, and
to provide more efficient public service, the county board of any county may establish a county
purchasing department. The county board may direct an existing county office, department or
agency to perform the duties of the county purchasing department or may create a new department
or agency for that purpose.
History: 1961 c 447 s 1; 1985 c 109 s 13,16
375.73 DUTIES OF PURCHASING DEPARTMENT.
Subdivision 1. Scope.
The county purchasing department shall perform all acts necessary
to purchase or contract for all supplies, materials, equipment, and contractual services required
by any or all county offices, departments or agencies. The county board shall select the county
offices, departments or agencies to be serviced by the county purchasing department. The board
may authorize any county office, department or agency designated by the board to purchase
directly, without the intervention of the director of purchasing, certain specified supplies,
materials, equipment, or contractual services, and shall designate the manner in which the
purchases shall be made.
Subd. 2. Specifications, surplus items.
The county purchasing department also shall
perform the following duties:
(1) prepare all specifications for supplies, materials and equipment;
(2) transfer to or between county offices, departments or agencies, or sell supplies, materials,
and equipment which is surplus, obsolete, or unused.
History: 1961 c 447 s 2; 1985 c 109 s 13,16
375.74 DIRECTOR OF PURCHASING; EMPLOYEES.
The county board shall appoint a director of purchasing to direct the operations of the county
purchasing department. The director of purchasing shall be qualified by training and experience
for the position. The board may appoint an existing county officer to serve as director of
purchasing. The board shall fix the salary of the director and require the director to post a bond as
the board determines necessary. The board shall provide the director with assistants, office space,
equipment, and supplies necessary to carry out the duties of the office. Except for the director, who
may be removed from that office by the board for reasons of misconduct or incompetency after
due notice and hearing, all employees of the county purchasing department shall be employed in
accordance with civil service regulations existing in the county, if any regulations exist.
History: 1961 c 447 s 3; 1985 c 109 s 13,16
375.75 RULES AND REGULATIONS.
The county board shall adopt rules and regulations as necessary to carry out sections
and file them with the county auditor. The board may authorize any county office,
department or agency designated by it to purchase supplies, materials, equipment or contractual
services in the open market for immediate delivery in emergencies. It shall define emergencies
and designate the manner in which these purchases shall be made and reported to the director
History: 1961 c 447 s 4; 1985 c 109 s 13,16
375.76 VOIDABLE PURCHASES, CONTRACTS, AND SALES.
The purchase or contract for any supplies, material, equipment, or contractual service by
any county office, department or agency, or the sale of surplus, obsolete, or unusable supplies,
material, or equipment by any county office, department or agency contrary to sections
is voidable. The head of the office, department or agency is personally liable for the cost
of such an order or contract and for the reasonable value of supplies, material, or equipment sold.
If an order or contract has been paid for out of county funds, the amount may be recovered in
the name of the county in an action brought for that purpose. Property sold contrary to sections
, or the reasonable value of the property, may be recovered in the name of the
county in a similar manner.
History: 1961 c 447 s 5; 1985 c 109 s 13,16
375.77 LAWS NOT AFFECTED.
are not intended to modify, amend, or repeal any law relating to
counties in regard to bidding or any law existing at the time of passage of sections
which authorize the establishment or creation of a county purchasing agent or department,
or a combined city and county joint purchasing arrangement.
History: 1961 c 447 s 6; 1985 c 109 s 13,16
AGRICULTURAL EXHIBITS AND DEVELOPMENT
375.78 AID TO POULTRY ASSOCIATIONS.
A county board may make an annual appropriation of not more than $500 from the county
treasury to aid any poultry association organized and existing in the county; provided, the
poultry association holds at least one annual poultry exhibit and pays premiums at the exhibit
in at least the amount of the appropriation.
History: (738-17 1/2) 1929 c 256 s 1; 1985 c 109 s 14,16
375.79 EXHIBITS AT STATE FAIR.
A county board, for the purpose of assisting to maintain an exhibit of the products of the
county at the Minnesota State Fair, may appropriate out of the general revenue fund of the county,
not more than $1,000, not including money received by the county as premiums or prizes at
the state fair for that year.
All money derived from premiums or prizes for the county exhibit at the State Fair shall be
paid into the treasury of the county.
History: (733) 1907 c 99 s 1; 1909 c 26 s 1; 1917 c 139 s 1; 1985 c 109 s 14,16
375.80 APPOINTMENT OF PERSON TO SUPERVISE.
A county board appropriating money as provided in section
shall, at the same
meeting, or some subsequent meeting, appoint a county resident to supervise and have full
charge of the exhibit and of the disbursement of the appropriation. The county board shall
set the compensation for the position at the same meeting at which the person is appointed.
Compensation shall be paid out of the appropriation made for the exhibit.
History: (734) 1907 c 99 s 2; 1985 c 109 s 14,16
375.81 APPROPRIATION; BOND.
The appropriation shall be paid on the county auditor's warrant to the person in charge of
the exhibit after filing a bond with the auditor in double the amount of the appropriation, on the
condition that the appropriation is properly disbursed for the purpose intended, and that a true
account is made to the county board as provided in section
. The auditor shall approve
History: (735) 1907 c 99 s 3; 1985 c 109 s 14,16
375.82 STATEMENT TO BOARD.
The person in charge of the exhibit shall give a detailed statement to the county board of
all the person's expenditures made to maintain the exhibit. The statement shall be given before
November 2 of the year in which the exhibit is made. If the statement shows that any part of the
appropriation is not spent, the balance shall be paid into the treasury of the county. When the
county board approves the report, the person shall be relieved and discharged from all liability
under the bond provided for in section
History: (736) 1907 c 99 s 4; 1985 c 109 s 14,16
COMPUTER SOFTWARE PRODUCTS
375.84 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.
A county may make advance deposits or payments for software development or maintenance
services for county-owned or leased electronic data processing equipment and for newspaper,
magazine, and other subscription fees customarily paid for in advance, and may allow advance
deposits by any department or agency of the county with the Library of Congress and federal
Supervisor of Documents for items to be purchased from these federal agencies.
History: 1986 c 399 art 1 s 21; 1986 c 416 s 3
375.85 COUNTIES MAY MARKET SOFTWARE PRODUCTS.
Notwithstanding any other law to the contrary, a county or group of counties acting jointly
may sell or license self-developed or vendor custom-developed computer
software products or systems either on competitive bids or in the open market, in the discretion of
the county or joint powers board. Prices for the software products or systems may be based on
market considerations. A county or group of counties may make agreements with private persons
or entities to assist with marketing software products or systems.
History: 1986 c 399 art 1 s 22; 1986 c 416 s 4; 1Sp1986 c 3 art 2 s 31
375.86 APPLICATION OF OTHER LAW.
County software product programming source code, object code, and all material relating
to product or system development and distribution is "trade secret information" for purposes of
classification under section
13.37, subdivision 2
History: 1986 c 399 art 1 s 23; 1986 c 416 s 5
375.87 RADIO SYSTEMS FOR PUBLIC SAFETY COMMUNICATIONS.
Subdivision 1. Establishment.
A county may establish and rent, lease, construct, equip, and
maintain a radio broadcasting station or stations, with land-fixed repeater stations and other
necessary communication equipment, to be used for public safety communications. It may acquire
land, towers, or equipment by gift, purchase, lease, exchange, condemnation, or other means for
use as a site for public safety communications equipment. Public safety communications sites
may be acquired by lease for a period of up to 25 years in duration. Public safety communications
may include police, fire, highway maintenance, emergency medical service, local government,
forestry conservation, and other communications as determined by the county board.
Subd. 2. Antenna site use agreements.
Use of county-owned radio towers, building rooftops,
lands, and easements may be made available to commercial wireless service providers or other
users for the purpose of installing antennas and equipment. The county may charge site use fees
for the value of the real property or structure made available and for public safety communications
systems costs. In lieu of a site use fee, the county may make agreements with commercial wireless
service providers or other tower owners to place county equipment on privately owned towers and
may accept improvements such as tower reinforcement, reconstruction, site development, or other
site improvements to the county's communications system facilities or real or personal property.
Antenna site use agreements and leases may be entered into by any means available and in the
manner determined by the county board, with or without advertisement for bids.
History: 2003 c 43 s 1