2007 Minnesota Statutes

163.07 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
163.07 COUNTY HIGHWAY ENGINEER.
    Subdivision 1. Appointment. The county board of each county shall appoint and employ,
as hereinafter provided, a county highway engineer who may have charge of the highway work
of the county and the forces employed thereon, and who shall make and prepare all surveys,
estimates, plans, and specifications which are required of the engineer. The county highway
engineer may be removed by the county board during the term of office for which appointed only
for incompetency or misconduct shown after a hearing upon due notice and upon stated charges.
The burden of proving incompetency or misconduct shall rest upon the party alleging the same.
    Subd. 2. Qualifications, salary, and term. The county highway engineer shall be a registered
highway or civil engineer, registered under the laws of the state of Minnesota. The county board
may appoint a new county engineer for a term of only one year. All reappointments shall be for a
term of four years, and shall be made in May of the year in which the term expires. The county
highway engineer shall be a citizen and resident of this state. The county highway engineer's
salary shall be fixed by the county board and shall be payable the same as other county officers
are paid. The salary shall not be reduced during the county highway engineer's term of office.
    Subd. 2a. Short-term reappointment pending retirement. Notwithstanding the provisions
of subdivision 2 as to the term of office of the county highway engineer, the county board of any
county may reappoint a county highway engineer for a term of office less than four years when
such county highway engineer to be reappointed will reach the age of mandatory retirement
within the normal four-year term provided for in subdivision 2.
    Subd. 3. Leave of absence from state service. Any registered professional engineer
employed by the state when properly certified by the commissioner of transportation may be
employed as an engineer on a full-time basis for any city, county, or any other governmental
agency, and during the period of such employment and for the purposes of such employment ,
may be granted leave of absence from the state service, notwithstanding any limitation on leaves
of absence contained in the Civil Service Act.
    Subd. 4. Civil service classification. The commissioner of employee relations shall allocate
a state civil service classification to any city or county highway engineer, or an engineer of
any other governmental agency as may be from time to time requested by the commissioner
of transportation. The allocation shall be made on the same basis and subject to the same
provisions of law as pertain to engineering and similar positions in the state classified service.
The commissioner of employee relations shall give consideration to the education, professional
attainments and experience of the city, county highway engineer, or engineer of any other
governmental agency for purposes of transfer to the state service. All city, county highway
engineers, or engineers of any other governmental agency who have not less than two years
service prior to the transfer may be transferred to the state classification so allocated without
examination, but subject to a six months probationary period, in the state classified service. The
commissioner of employee relations shall establish procedure for the transfer.
    Subd. 5. Promotional examination. The commissioner of transportation may certify any city
or county highway engineer that the commissioner may deem qualified to the commissioner of
employee relations as eligible to take any specific promotional examination held for civil engineer
or civil engineering aid as classified by the state civil service commission. The service rating of
such engineer shall include past service with the state and as city or county highway engineer, if
the engineer had prior service with the state Transportation Department as a supervisory engineer.
    Subd. 6. Duties; bond. The county highway engineer shall devote the entire time to official
duties and, before entering upon the duties of office, give bond to the state in the penal sum of
$25,000, to be approved and filed in the same manner as are the bonds of the other county officers.
All premiums for the bond shall be paid by the county. The state, the several governmental
subdivisions thereof, or any person damaged by any wrongful act or omission of the county
highway engineer in the performance of official duties may maintain an action on the bond
for the recovery of the damages so sustained.
    Subd. 7. Report. The county highway engineer shall prepare and submit to the county board
annually a full and complete report covering all county highway work, and shall prepare and
submit such other reports relating to the county highway system as the county board directs.
    Subd. 8.[Repealed, 1969 c 304 s 2]
    Subd. 9. Contract for engineer services with other county. In lieu of appointing and
employing a county highway engineer in accordance with the provisions of this section, a county
may contract for the services of a county highway engineer with a county that appoints and
employs such an engineer upon such terms as are mutually agreed upon. An engineer acting as a
county highway engineer under contract for a county shall exercise every duty and responsibility
imposed by law upon a county highway engineer. A copy of each contract executed between
counties under this subdivision shall be filed in the office of the commissioner of transportation.
This subdivision shall not apply to any county containing a city of the first class.
History: 1959 c 500 art 4 s 7; 1967 c 763 s 1,2; 1969 c 437 s 1; 1971 c 389 s 1; 1973 c 15 s
1; 1973 c 123 art 5 s 7; 1973 c 507 s 45; 1976 c 166 s 7; 1980 c 617 s 47; 1986 c 444; 1992
c 505 s 2; 1Sp2003 c 19 art 2 s 15