2009 Minnesota Statutes

375A.03 COUNTY MANAGER PLAN.

Subdivision 1.County manager.

In a county adopting the county manager plan, the chief executive officer shall be known as the county manager. The manager shall be chosen by the county board 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 manager shall be appointed for an indefinite period and may be removed by the county board at any time, but after the manager has served as manager for one year the manager may demand written charges and a public hearing on the charges before the county board prior to the date when the final removal takes effect. Pending such hearing and removal, the county board may suspend the manager from office. The county board may designate some properly qualified person to perform the duties of the manager during absence or disability. The county board shall set the salary of the manager and may provide for a termination allowance.

The county manager shall be appointed by the county board as soon as practicable after the adoption of the county manager plan.

Subd. 2.Manager as chief administrator.

The county manager shall be the administrative head of the county and shall have all the powers and shall perform all the duties of an administrative or executive nature vested in or imposed upon the board of county commissioners by law or by agreement with any municipality or other subdivision of government and such additional powers as are granted or imposed by the board.

Subd. 3.Numbered duties; may be department head.

(a) The county manager shall be responsible for the proper administration of the affairs of the county placed in the manager's charge.

(b) By resolution of the county board the manager may serve as the head of any county department created by law or established by the board provided the manager has the qualifications required by law.

(c) The manager's responsibilities shall include, but are not limited to, the following duties:

(1) appoint and hire qualified staff to assist in the performance of duties;

(2) provide for the execution of all ordinances and resolutions of the board and all laws of the state subject to enforcement by the manager or by officers who are under the manager's direction and supervision;

(3) exercise all authority of the board of county commissioners to appoint, suspend, and remove all county personnel whose appointment, suspension, or removal was a function of the county board under general law, make such nominations and appointments to additional offices as the county board may determine and make appointments to such advisory boards and committees as the manager may create;

(4) provide for all county purchases including purchases of services pursuant to purchasing regulations established by the county board, but county purchasing services may be made available for use by other counties and governmental subdivisions;

(5) prepare and submit, if directed by the board to do so, an administrative code incorporating the details of administrative procedure for the operation of the county and from time to time suggest amendments to such code;

(6) prepare and submit to the county board an annual budget and a long-range capital expenditure program covering a period not less than the five ensuing years, each of which shall include detailed estimates of revenue and expenditures and enforce the provisions of the budget when adopted by the county board;

(7) attend all meetings of the county board with the right to take part in the discussions but not to vote and recommend measures for adoption as the manager deems advisable or expedient; and

(8) keep the county board fully advised as to the financial condition and needs of the county and make such other reports from time to time as required by the board or the manager deems advisable.

Subd. 4.Board to manage manager, not subordinates.

(a) Neither the county board nor any of its members shall dictate the appointment of any person to office or employment by the county manager, interfere in any manner with the county manager or prevent the county manager from exercising personal judgment in the appointment of officers and employees in the administrative service; but this shall not be construed to prohibit the county board from establishing a personnel administration system governing county employment.

(b) Except for the purpose of inquiry, the county board and its members shall deal with and control the administrative service of the county solely through the county manager and neither the county board nor any of its members shall give orders to any subordinate of the county manager, either publicly or privately.

History:

1973 c 542 s 3; 1986 c 444