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Minnesota Legislature

Office of the Revisor of Statutes

385.373 SALARIES, FEES, BUDGET; COUNTIES UNDER 75,000; APPEALS.
    Subdivision 1. Salary schedule. The county treasurers in all counties of the state, with less
than 75,000 inhabitants according to the 1960 federal census, shall receive as full compensation
for services rendered by them for their respective counties, annual salaries, not less than the
following amounts based on the population according to the then last preceding federal census:
(1) in counties with less than 10,000 inhabitants, $6,000;
(2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
(3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
(4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
(5) in counties with 40,000 or more inhabitants, $8,000.
    Subd. 1a. Implementation. (a) The county board of each of the counties specified in
subdivision 1 annually shall set by resolution the salary of the county treasurer which shall be
paid to the county treasurer at such intervals as the board shall determine but not less often
than once each month.
(b) At the January meeting prior to the first date on which applicants may file for the office
of county treasurer the board shall set by resolution the minimum salary to be paid the county
treasurer for the term next following.
(c) In the event a vacancy occurs in the office of county treasurer the board may set the
annual salary for the remainder of the calendar year at an amount less than was set for that year.
(d) The board in no case may set the annual salary at an amount less than the minimums
provided in this subdivision but it may set the salary in excess of the minimums.
(e) The salary of the county treasurer shall not be reduced during the term for which the
treasurer was elected or appointed.
(f) In the event that duties are assigned to the treasurer which are in addition to duties as
treasurer, additional compensation may be provided for the additional duties. The county board by
resolution shall determine the additional compensation which shall be paid and specify the duties
for which the additional compensation is to be paid.
    Subd. 2.[Repealed, 1975 c 301 s 16]
    Subd. 3. Other salary laws. This section shall not be construed as repealing any existing
law which provides for a higher minimum salary in any county than the amount provided in
subdivision 1, but shall be deemed to supersede the provisions of any act setting a maximum
salary for the county treasurer in any of the counties specified in subdivision 1.
    Subd. 4.[Repealed, 1951 c 327 s 6]
    Subd. 5. Fees, mileage, expense allowance. The county treasurer shall charge and collect all
fees as prescribed by law and all such fees collected shall be paid to the county in the manner and
at the times prescribed by the county board, but not less often than once each month. The county
treasurer shall not retain any additional compensation, per diem or other emolument for services as
county treasurer, but may receive and retain mileage and expense allowances as prescribed by law.
    Subd. 6. Budget. (a) The county board by resolution shall provide the budget for:
(1) the salaries of deputies, clerks and other employees in the office of the county treasurer;
(2) other expenses necessary in the performance of the duties of said office; and
(3) the payment of premiums of any bonds required of any deputy, clerk or employee in
said office
and the board is authorized to appropriate funds therefor and for the salary of the county treasurer.
(b) Nothing in this subdivision shall limit the right of the county treasurer to appoint deputies
for said office as provided in Minnesota Statutes 1961, section 385.02.
    Subd. 7. Salary, budget appeals. The county treasurer if dissatisfied with the action of the
county board in setting the amount of the treasurer's salary or the amount of the budget for the
office of county treasurer, may appeal to the district court on the grounds that the determination
of the county board in setting such salary or budget was arbitrary, capricious, oppressive, or
in unreasonable disregard for the responsibilities and duties of said office, and the treasurer's
experience, qualifications, and performance. The appeal shall be taken within 15 days after the
date of the resolution setting such salary or budget by serving a notice of appeal on the county
auditor and filing same with the court administrator of the district court. The court either in
term or vacation and upon ten days' notice to the chair of the board shall hear such appeal. On
the hearing of the appeal the court shall review the decision or resolution of the board in like
manner as though reviewed by certiorari, except new or additional evidence may be taken. The
court may order the officer appealing and the board to submit briefs or other memoranda and may
dispose of the appeal on such writings. If the court shall find that the board acted in an arbitrary,
capricious, oppressive or unreasonable manner it shall remand the matter to the county board for
further action consistent with the court's finding.
    Subd. 8. When this section takes effect. The provisions of subdivisions 1 to 7 shall take
effect in the respective counties specified in subdivision 1 as follows:
(1) upon the expiration of the term of the incumbent holding the office on July 1, 1965; or
(2) upon the occurrence prior thereto of a vacancy in the office of county treasurer; or
(3) subsequent to July 1, 1965, and upon not less than 30 days' written notice by the treasurer,
the county board shall make the provisions of subdivisions 1 to 7 effective on the first day of the
month following the expiration of the notice period.
    Subd. 9. Inconsistent law superseded. All laws relating to the salary, fees, and clerk hire
for the county treasurer inconsistent herewith are superseded.
History: 1945 c 329 s 1; 1949 c 399 s 1-4; 1951 c 329 s 2; 1965 c 838 s 1-6; 1967 c 388 s
3,4; 1985 c 281 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82