2006 Minnesota Statutes

393.01 ESTABLISHMENT.
    Subdivision 1. Membership. There shall be established in each county of the state a local
social services agency which shall consist of the number of members, as hereinafter provided, to
be chosen as follows.
    Subd. 2. Selection of members, terms, vacancies. Except in counties which contain a city
of the first class and counties having a poor and hospital commission, the local social services
agency shall consist of seven members, including the board of county commissioners, to be
selected as herein provided; two members, one of whom shall be a woman, shall be appointed by
the commissioner of human services, one each year for a full term of two years, from a list of
residents, submitted by the board of county commissioners. As each term expires or a vacancy
occurs by reason of death or resignation a successor shall be appointed by the commissioner of
human services for the full term of two years or the balance of any unexpired term from a list
of one or more, not to exceed three residents submitted by the board of county commissioners.
The board of county commissioners may, by resolution adopted by a majority of the board,
determine that only three of their members shall be members of the local social services agency,
in which event the local social services agency shall consist of five members instead of seven.
When a vacancy occurs on the local social services agency by reason of the death, resignation, or
expiration of the term of office of a member of the board of county commissioners, the unexpired
term of such member shall be filled by appointment by the county commissioners. Except to fill a
vacancy the term of office of each member of the local social services agency shall commence on
the first Thursday after the first Monday in July, and continue until the expiration of the term for
which such member was appointed or until a successor is appointed and qualifies. If the board
of county commissioners shall refuse, fail, omit, or neglect to submit one or more nominees to
the commissioner of human services for appointment to the local social services agency by the
commissioner of human services, as herein provided, or to appoint the three members to the
local social services agency, as herein provided, by the time when the terms of such members
commence, or, in the event of vacancies, for a period of 30 days thereafter, the commissioner of
human services is hereby empowered to and shall forthwith appoint residents of the county to
the local social services agency. The commissioner of human services, on refusing to appoint
a nominee from the list of nominees submitted by the board of county commissioners, shall
notify the county board of such refusal. The county board shall thereupon nominate additional
nominees. Before the commissioner of human services shall fill any vacancy hereunder resulting
from the failure or refusal of the board of county commissioners of any county to act, as required
herein, the commissioner of human services shall mail 15 days' written notice to the board of
county commissioners of its intention to fill such vacancy or vacancies unless the board of county
commissioners shall act before the expiration of the 15-day period.
    Subd. 3. County board to be local social services agency in Hennepin County. In the
county of Hennepin the board of county commissioners shall be the local social services agency.
In such county the members shall be reimbursed by the county for expenses actually incurred in
the performance of their official duties under the provisions of this chapter. In such county the
county auditor shall be ex officio secretary of the board, but shall have no voice in its proceedings.
    Subd. 4.[Repealed, 1974 c 435 art 6 s 1]
    Subd. 5. St. Louis local social services agency. The local social services agency of St. Louis
County shall be appointed or elected as provided by Laws 1974, chapter 266, sections 1 to 3. The
board shall receive such compensation and shall have and exercise all the powers as provided by
Laws 1907, chapter 222, and acts amendatory thereof, in addition to any other and further powers
granted herein and shall have and perform all the additional duties referred to in section 393.07.
    Subd. 6. Hospital commission as social services agency. In any county now having a board
of poor and hospital commissioners, said board of poor and hospital commissioners shall have the
same powers and duties as the local social services agency in other counties, and shall be the local
social services agency, and shall also retain and exercise the powers and duties conferred upon
such agency by Laws 1917, chapter 187, as amended by Laws 1931, chapter 60, in counties in
which said 1917 law as amended is applicable.
    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1 two or
more counties may by resolution of their respective boards of county commissioners, agree to
combine the functions of their separate local social services agency into one local social services
agency to serve the two or more counties that enter into the agreement. Such agreement may be
for a definite term or until terminated in accordance with its terms. When two or more counties
have agreed to combine the functions of their separate local social services agency, a single
local social services agency in lieu of existing individual local social services agency shall be
established to direct the activities of the combined agency. This agency shall have the same
powers, duties and functions as an individual local social services agency. The single local social
services agency shall have representation from each of the participating counties with selection of
the members to be as follows:
(a) Each board of county commissioners entering into the agreement shall on an annual basis
select one or two of its members to serve on the single local social services agency.
(b) Each board of county commissioners entering into the agreement shall in accordance
with procedures established by the commissioner of human services, submit a list of names of
three county residents, who shall not be county commissioners, to the commissioner of human
services. The commissioner shall select one person from each county list to serve as a local social
services agency member.
(c) The composition of the agency may be determined by the boards of county commissioners
entering into the agreement providing that no less than one-third of the members are appointed
as provided in clause (b).
History: (974-11) 1937 c 343 s 1; Ex1937 c 90; 1941 c 261; 1941 c 284 s 1; 1943 c 417 s 1;
1943 c 473 s 1; 1945 c 56 s 1; 1949 c 63 s 1; 1955 c 226 s 1; 1955 c 506 s 1; 1959 c 89 s 1; 1969
c 264 s 1; Ex1971 c 31 art 19 s 1; 1973 c 380 s 15; 1973 c 650 art 21 s 27; 1973 c 781 s 1; 1974 c
266 s 4; 1974 c 328 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 31