Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Pdf

Table of Sections

2009 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

Chapter 383A. Ramsey County

Chapter Sections
Section Headnote
383A.01Boundaries
383A.011Session Laws That Do Not Apply to Ramsey County
383A.02Powers and Duties
383A.03Taxation
383A.04Repealed, 1991 c 51 s 6
383A.05Assessment
383A.06Welfare
383A.07Parks and Recreation
383A.08Detention and Corrections
383A.09Repealed, 1996 c 310 s 1
383A.10Repealed, 1996 c 310 s 1
383A.11Morgue
383A.12Health Department
383A.13Paramedics
383A.14Air Quality
383A.15Repealed, 1996 c 310 s 1
383A.16Highway Improvements
383A.165Seasonal Highway Load Restrictions
383A.17Capitol Approach
383A.18Soldiers' Rest
383A.19Codification of Special Laws
383A.20Government Administration
383A.201Officials Not to Be Interested in Contracts
383A.21Fees of the Court Administrator of District Court, Coroner and County Recorder
383A.22Fee System for County Services, Document Processing
383A.23Commissioners; Composition; Redistricting
383A.24Repealed, 1991 c 51 s 6
383A.25Repealed, 1991 c 51 s 6
383A.26Organization
383A.27Procedure
383A.28Repealed, 1985 c 89 s 23
383A.281Definitions
383A.282County Board Responsibilities
383A.283Personnel Department
383A.284General; Personnel Powers of Department and County Board
383A.285Classified Service
383A.286Unclassified Service
383A.287Personnel Review Board
383A.288Competitive Examinations
383A.289Eligible Lists
383A.29Repealed, 1985 c 89 s 23
383A.291Certification of Eligibles
383A.292Noncompetitive Appointments
383A.293Probationary Period
383A.294Grievances
383A.295Conditions of Employment
383A.296Misconduct
383A.297Political Activity
383A.298Transitional Provisions
383A.299Penalties
383A.30Repealed, 1985 c 89 s 23
383A.301Status of Present Employees
383A.31Repealed, 1985 c 89 s 23
383A.32Purchasing
383A.321Definitions
383A.322Small Business Set-Aside
383A.323Purchasing Through Health Care Cooperative
383A.33Assessor
383A.34Repealed, 1996 c 310 s 1
383A.35Court Commissioner
383A.36Repealed, 2006 c 260 art 8 s 21
383A.37Sheriff; Fees
383A.38Repealed, 1986 c 370 s 4
383A.381Abstract Clerk
383A.39Courthouse and City Hall
383A.40Welfare Department; Local Social Services Agency
383A.404Community Corrections Department
383A.405Corrections
383A.41Repealed, 1986 c 462 s 32
383A.411Bonds or Levy for Water System for County Buildings
383A.42County Surveyor; Approval of Plat
383A.421Surveyor Fees
383A.43Legislative Research Committee
383A.44Repealed, 1996 c 310 s 1
383A.45Repealed, 1991 c 51 s 6
383A.46Repealed, 1991 c 51 s 6
383A.47Reduction of Appropriations
383A.48Repealed, 1991 c 51 s 6
383A.49Repealed, 1991 c 51 s 6
383A.50Administration of Budget
383A.551Ramsey County; Charter Commission
383A.552Charter Commission; Nominations and Appointments
383A.553Charter Commission; Terms; Chair; Expenses and Administration
383A.554Powers and Duties
383A.555Election; Ballot
383A.556Effective Date
383A.601Legislative Findings
383A.602Definitions
383A.603District Erosion and Sediment Control Program
383A.604Organization Soil Erosion and Sediment Control Programs
383A.605Compliance
383A.62Elections Department Merger
383A.65Repealed, 1990 c 604 art 3 s 65
383A.75Joint Property Tax Advisory Committee
383A.76Tax-Forfeited Lands
383A.80Ramsey County Deed and Mortgage Tax
383A.81Environmental Response Fund
383A.90Definitions
383A.91Incorporation As Nonprofit Corporation

383A.01 BOUNDARIES.

The county of Ramsey is established and bounded as follows:

(a) Beginning at the northwest corner of town thirty north, of range twenty-three west of the fourth principal meridian; thence east, on the line between townships thirty and thirty-one, to the northeast corner of town thirty of range twenty-two; thence south, on the line between ranges twenty-one and twenty-two, to the southeast corner of section twenty-four, in town twenty-eight, of range twenty-two; thence west, on the section line, to the middle of the main channel of the Mississippi River; thence up the middle of said channel to the mouth of the Minnesota River; thence following the western channel of said Mississippi River, so as to include in Ramsey County the islands in said Mississippi River at and above the mouth of the said Minnesota River, to the line between sections thirty-one and thirty-two of town twenty-nine, in range twenty-three; thence north, on the section line, to the northwest corner of section five in said town; thence west, on the north line of said town, to the northwest corner thereof; thence north, on the line between ranges twenty-three and twenty-four, to the place of beginning.

(b) That all of that part of Dakota County lying north of the south boundary line of sections seven and eight and nine, of township number twenty-eight, range twenty-two west, and section twelve of township twenty-eight, range twenty-three west, are detached from the county of Dakota, and attached to the county of Ramsey, for all purposes whatsoever. The southwest quarter of the southeast quarter of section seven, town twenty-eight, range twenty-two west, is excepted from the provisions of this subsection, and remains a part and portion of Dakota County.

History:

1974 c 435 s 1.01

383A.011 SESSION LAWS THAT DO NOT APPLY TO RAMSEY COUNTY.

Special Laws 1881, chapter 376, as amended by Special Laws 1889, chapter 64; Special Laws 1887, chapter 108; Laws 1951, chapter 707, as amended by Laws 1953, chapters 390 and 706; Laws 1953, chapter 637; Laws 1955, chapter 160; Laws 1957, chapters 237, 389, and 938; Laws 1959, chapters 201, 372, and 542; Laws 1967, chapters 505 and 797; and Laws 1971, chapter 718, do not apply to Ramsey County.

383A.02 POWERS AND DUTIES.

In addition to the powers and duties that Ramsey County has under the general laws of the state of Minnesota, Ramsey County has the following powers and duties.

History:

1974 c 435 s 1.02

383A.03 TAXATION.

Subdivision 1.Hospital.

(a) Operations. Ramsey County may levy, annually, a tax for the operation and maintenance of Saint Paul-Ramsey Hospital, and for its construction as provided in Laws 1957, Chapter 938.

(b) Bonds. Ramsey County may levy annually upon all taxable property in the county the ad valorem tax that is necessary to pay the interest on bonds for the construction of Saint Paul-Ramsey Hospital as it accrues and to pay the principal thereof in full at maturity. The Board of County Commissioners of Ramsey County shall levy a tax for this purpose.

(c) Financing. Notwithstanding any law to the contrary, Ramsey County may provide all funds, except those required for the purpose of funding prior construction indebtedness which shall be as heretofore provided, that it approves pursuant to requests duly submitted to it by the Ramsey County Hospital and Sanitarium Commission. Ramsey County may also provide emergency funds for the commission for the purpose of operating facilities when operational income is insufficient to meet operational expenses.

Subd. 2.Detention and correction.

Ramsey County may levy, annually, a tax for the operation and maintenance of detention and correction facilities.

Subd. 3.Parks and open space.

Ramsey County shall levy a tax sufficient to pay the principal and interest on the bonds issued for the park and open space system as they become due.

Subd. 4.Ice arenas and Gall's golf course.

Ramsey County may levy, annually, a tax on all taxable property in the county for the acquisition and construction of nine artificial ice arenas and a golf course, to pay the interest on the bonds as it accrues and to pay the principal thereof in full at maturity, and to provide for the operation of these facilities. The board of county commissioners shall levy a tax for this purpose.

Subd. 5.Aldrich Arena.

Ramsey County may levy, annually, a tax to operate and maintain Aldrich Arena.

Subd. 6.Arts and sciences.

(a) Ramsey County may levy a tax and appropriate money in the amount it finds appropriate to support educational, artistic and scientific interests inside the county of Ramsey.

(b) Upon appropriation and establishment of an account pursuant to statute, Ramsey County may distribute the appropriation authorized herein, in the proportion and in the amount as it decides, to an existing Minnesota nonprofit corporation organized to further the arts and sciences in Ramsey County, which corporation is authorized by its articles of incorporation to use and distribute its income and property exclusively for charitable, educational, scientific and literary purposes, and no substantial part of the activities of which consists of carrying on propaganda and otherwise attempting to influence legislation.

(c) To qualify as a recipient for assistance under the provisions of this subdivision, a Minnesota nonprofit corporation must possess and file with the county auditor an income tax exempt certificate from the state of Minnesota and the United States, which certificate indicates the tax exempt status of the corporation.

(d) The county board shall provide, by rule, for reasonable regulations that it considers proper to control the expenditure of the appropriations made under this subdivision. It may require the reports and controls that are reasonably necessary to insure the protection of the public interest in the expenditure of the funds appropriated.

Subd. 7.Health.

Ramsey County shall include in its annual levy of county taxes the amount that is necessary for health department purposes. The amount so levied for the health department shall only be expended for the operation and maintenance of the department.

Subd. 8.Group insurance for retired employees.

Ramsey County may levy a tax upon all taxable property in the county for the purpose of providing to each employee, including an elected official, who retires, or to the surviving spouse of such an employee, insurance protection, in the amount that the county considers proper, providing medical and surgical benefits and hospitalization benefits, for the employee and dependent spouse, subject to the limitations as to premium amounts as hereinafter set forth.

383A.04 [Repealed, 1991 c 51 s 6]

383A.05 ASSESSMENT.

Subdivision 1.Appropriation for assessment.

Ramsey county may, each year, appropriate enough money to defray the expense of making a proper assessment of all property in the county for the purpose of general taxation.

Subd. 2.Expenditures; experts.

Ramsey County shall appropriate and expend, in the manner and in the amount that it considers necessary, the money needed to defray the expense of properly conducting the office of the county assessor; the expenditure to include the hiring of experts upon property values for any period considered necessary, the payment of the transportation expense of these experts or other employees in traveling from place to place in the county, and generally any expense reasonably and directly tending to the procurement of a fair and true assessment of property inside the county; but all expenses of this kind shall be made under the supervision of, and with the consent of, the county assessor.

History:

1974 c 435 s 1.0203

383A.06 WELFARE.

Subdivision 1.Financing.

Ramsey County shall pay all of the costs of relief of the poor therein and be responsible for all welfare programs within the county, the cost of which is not met from federal, state or private sources.

Subd. 2.Borrowing.

(a) Authority. Ramsey county is granted authority to borrow funds and pledge the credit of the county for repayment of the funds for the support of the poor; the governing body of Ramsey County may issue bonds or other evidences of indebtedness to pay therefor when authorized to do so as provided in this subdivision or the charter.

(b) Bonds. All bonds issued pursuant to this subdivision are to be sold in the manner prescribed by chapter 475, and mature serially, the first installment of which becoming due in not more than three years and the last of which becoming due and payable in not more than ten years from the date of issue. These bonds shall bear interest at an annual rate of not to exceed six percent, payable semiannually, and the governing body of Ramsey County shall provide for the payment thereof in the manner prescribed by chapter 475, and the governing body of Ramsey County shall negotiate and sell the bonds, from time to time, in the amounts that the board of county commissioners sees fit.

While any of these bonds are outstanding and unpaid, there shall be annually levied and collected a tax upon all real and personal property in Ramsey County, sufficient to pay the principal and interest of these bonds as they respectively become due and payable.

(c) Emergency borrowing.The provisions of this subdivision requiring the submission of the question of issuing bonds for the relief of the poor to a vote of the people does not supersede any law of the state, or charter provision, permitting, in cases of emergency, the issuance of bonds or the borrowing of funds for the relief of the poor without obtaining such a vote.

Subd. 3.

[Repealed, 1991 c 51 s 6]

383A.07 PARKS AND RECREATION.

Subdivision 1.Parks and open space system.

Ramsey county may acquire real and personal property within or without the county by purchase, lease, gift, condemnation, option, contract or otherwise including any estate, interest, easement or right, and subject to any estate, interest, easement or right. The county shall hold, improve, maintain, supervise, control and operate the property so acquired for park, open space or recreational purposes.

Subd. 2.Existing areas.

All areas that Ramsey county has acquired under any other law for public park and open space purposes, public access to waters or recreational purposes are subject to subdivisions 1 to 15.

Subd. 3.Forest reserves.

The county may acquire lands for conversion into forest reserves and for the conservation of natural resources of the state, including streams, lakes, submerged lands, and swamp lands, and to these ends may create parks, parkways, forests and other reservations, and develop and improve, protect and promote the use of this land in a manner conducive to the general welfare.

Subd. 4.Public use facilities, accommodations and services, public or private operation.

The county may provide for the construction, installation, maintenance, and operation of suitable facilities, accommodations and services in the park and open space system for public use for the purposes of subdivisions 1 to 15 or may authorize private persons or corporations to do so. The county may not acquire a right, title or interest in or to real property or develop real property pursuant to subdivisions 1 to 15 without the approval of the governing body of the municipality in which the property is located; provided further that no such property situated in any other county shall be acquired without the approval by resolution of the county board thereof.

Subd. 5.Surveys and plans.

The county may provide for surveys to determine the needs of the park and open space system and the location and suitability of areas available therefor, for general plans for the park and open space system and for plans for the improvement of any park or the construction or installation of facilities, accommodations or services for public use therein.

Subd. 6.

[Repealed, 1991 c 51 s 6]

Subd. 7.Cooperation with other agencies.

Ramsey county shall cooperate with a public or municipal corporation, governmental body, or with a private or public organization engaged in conservation, recreational activities, pollution, sanitation, mosquito abatement or a constructive purpose consistent with the county park and open space system.

Subd. 8.Financing.

The county may fix, alter, charge and collect fees for the use of the facilities of the park and open space system or for facilities, accommodations or services provided for public use therein.

Subd. 9.Contributions from other departmental subdivisions.

A city, town or school district inside or outside Ramsey County or another county may make contributions of funds to Ramsey County for the purposes of subdivisions 1 to 15 with respect to a county park or other unit of the park and open space system. These contributions may be made out of the general funds of the contributing government subdivision or out of funds raised or designated for park and open space purposes or out of funds raised expressly for the purpose of these contributions. The governing body of a government subdivision making such a contribution may specify the particular purpose for which it is to be used, and these contributions shall be paid into the general fund of Ramsey County and used for the purposes herein authorized.

Subd. 10.Gifts, grants, and loans.

The county may accept a gift, grant, or loan of money or other property from the United States, the state, or any other source for any purpose under subdivisions 1 to 15, enter into an agreement required in connection therewith, and may hold, use, and dispose of this money or property for the purposes of subdivisions 1 to 15 in accordance with the terms and conditions of the gift, grant, loan or agreement relating thereto.

Subd. 11.

[Repealed, 1996 c 310 s 1]

Subd. 12.Ordinances; enactment.

The county may enact the ordinances relating to the county park and open space system and recreational areas. The county may regulate, by ordinance, the use of any park, open space, or recreational area subject to the provisions of subdivisions 1 to 15, including waters and public lakeshore within the system and not more than 300 feet of the waterfront immediately abutting this lakeshore.

Subd. 13.Police power.

The county may designate employees as police officers within the park and open space system to exercise police power within the system under the jurisdiction and control of the board. The county may contract with municipalities for the policing of park and open space properties.

Subd. 14.County park commission.

The county may create a county park and open space commission with such provisions for membership, terms of office and other requirements that the board may prescribe, and may delegate to this commission authority to exercise any of the powers conferred on the county by this section, except the power to acquire or dispose of real property, to levy taxes, and to appropriate and borrow money. The commission may make recommendations to the county board concerning matters relating to the county park and open space system.

Subd. 15.

[Repealed, 1991 c 51 s 6]

Subd. 16.Park and recreational areas.

Ramsey County may acquire by gift, purchase, or condemnation, and may improve and maintain public parks, bathing beaches and other recreational areas.

The county may by ordinance provide for the use, government and protection of these public parks, bathing beaches and other recreational areas.

Subd. 17.Navigable lakes; improvement and recreation grounds.

Ramsey County may appropriate and expend moneys for the improvement of navigable lakes lying wholly or partly inside the county.

Ramsey County may acquire land inside the county by gift, lease, purchase or condemnation, in the vicinity of a lake of this kind, for a public recreational purpose, and may acquire, improve, equip and maintain these recreational grounds.

Subd. 18.Soil and water conservation.

Notwithstanding the provisions of section 375.19, Ramsey County may make annual expenditures from its general revenue fund for soil and water conservation purposes in an amount to be determined by the county board.

Subd. 19.White Bear and Goose Lakes.

White Bear Lake, in the counties of Ramsey and Washington and Goose Lake, in the county of Ramsey, adjacent to White Bear Lake, are declared to be public waters of the state of Minnesota, and shall forever remain free and open for the common and public use of all citizens of this state.

The waters of these lakes shall never be lowered or diminished by any artificial means, nor shall they or any of them ever be connected with, used, or applied to a use or purpose, public or private, by a person, persons, or corporation public or private.

Subd. 20.

[Repealed, 1991 c 51 s 6]

Subd. 21.

[Repealed, 1996 c 310 s 1]

Subd. 22.

[Repealed, 1996 c 310 s 1]

Subd. 23.Additional bonding authorization.

In addition to and not in substitution for any other powers granted to Ramsey County by the above paragraph, Ramsey County may issue in one or more series general obligation bonds of the county in a total aggregate amount not to exceed $750,000 for the acquisition, construction and equipping of the recreation facilities authorized to be acquired, constructed and equipped under subdivisions 21 to 28. This additional sum shall be spent to buy the golf course, and a balance remaining thereafter of the additional sum may be used to construct and equip the artificial ice arenas. The county shall pledge its full faith and credit and taxing powers for the payment of the bonds and shall provide for the issuance and sale and for the security of the bonds in the manner provided in chapter 475, except that no election shall be required and the bonds shall not be included in computing the net debt of the county under any law or amount.

Subd. 24.Further additional bonding.

In addition to and not in substitution for any other powers granted to the county of Ramsey by laws heretofore enacted, the county of Ramsey may issue in one or more series general obligation bonds of the county in a total aggregate amount not to exceed $715,000, for the acquisition, construction and equipping of any and all of the recreation facilities authorized to be acquired, constructed and equipped under subdivisions 21 to 28. This additional sum shall be used to construct and equip the artificial ice arenas. The board shall pledge its full faith and credit and taxing powers for the payment of such bonds and shall provide for the issuance and sale and for the security of such bonds in the manner provided in chapter 475, except that no election shall be required and such bonds shall not be included in computing the net debt of the county under any law; and taxes required to be levied for the payment of such bonds shall not be subject to any limitation of rate or amount.

Subd. 25.

[Repealed, 1996 c 310 s 1]

Subd. 26.Operation.

Ramsey County shall prescribe rules and regulations relating to the use, operation, maintenance and control of the arena facilities and golf course. It shall prescribe fees for the use of the facilities and charges for services performed in connection therewith which shall be reasonable and proper. It shall extend the use of the facilities free of charge to teams and groups that it authorizes and sanctions. Ramsey County shall maintain and operate the arenas and golf course in the manner that will best provide for the equitable and fair use of the facilities by the public, schools and other agencies of the county.

Subd. 27.Employees.

Ramsey County may employ the employees that in its opinion are necessary and proper to the efficient and effective functioning of the arenas and golf course and activities. These employees are subject to the laws relating to the civil service of the county and their compensation is in accordance with the rules provided for the civil service of the county.

Subd. 28.Special fund.

Any income accruing to the county from the operation of the ice arenas and golf course shall be placed in the county treasury and credited to a special fund known as the public ice arena-golf course account.

Subd. 29.Aldrich Arena.

Ramsey County may acquire in the name of the county by purchase, lease or condemnation a site for the purpose of erecting thereon a recreational building.

The county may allocate to this purpose any real estate which it presently controls and which is not needed or necessary for other county purposes.

Ramsey County may construct, equip, operate and maintain a building suitable for use as a sports and recreational arena providing for the facilities necessary in its opinion to accommodate the public and educational interest in sports and recreation.

The county shall prescribe rules and regulations relating to the use, operation, maintenance and control of the arena facility erected by the county pursuant to this subdivision. It shall prescribe fees for the use of the facilities and charges for services performed in connection therewith which shall be reasonable and proper. The county shall maintain and operate the arena facility in the manner that will best provide for the equitable and fair use of the facilities by the public, school districts and other agencies of the county.

Income accruing to the county from the operation of the arena facility shall be placed in the county treasury, and credited to a special fund known as the recreation arena account.

The recreation arena erected, operated and maintained under the provisions of this subdivision shall be known as the Aldrich recreation arena; and a suitable plaque shall be placed at a conspicuous place within the building commemorating the services and devotion to public duty displayed by Mr. Eugene E. Aldrich while serving as director of athletics for the Saint Paul public high schools for the people of Ramsey County.

383A.08 DETENTION AND CORRECTIONS.

Subdivision 1.Authority.

Ramsey County may maintain, operate and manage a detention facility, workhouse, workfarm or juvenile detention facility, or a combination of them.

Subd. 2.Home schools.

The county has the exclusive power to construct, maintain, operate and administer, or combine or abolish, the county home schools for boys and girls existing under Minnesota Statutes 1971, section 260.094.

Subd. 3.Acquisition of land.

The county shall bear the cost and expense of acquiring land for erecting, equipping and furnishing a facility.

Subd. 4.Education.

The board of education, commissioner of education, or others having charge of the public schools where a juvenile detention facility is located may furnish the necessary instructors, school books and school supplies for the boys and girls placed in the juvenile detention facility.

Subd. 5.Detention of minors.

No sheriff, municipal police officer or other person having charge of a minor under the age of 18 years chargeable with a crime may detain the minor in a public facility other than a county juvenile detention facility.

Subd. 6.Rules and regulations.

The county may promulgate rules and regulations for the proper operation and maintenance of each facility and the proper care and discipline of inmates detained in the facility. These rules and regulations may, among other things, provide for the diminution of sentences of inmates for good behavior in accordance with section 643.29.

Subd. 7.Confinement of inmates from other counties.

The county may accept an inmate for confinement at a county correction facility when the inmate is committed to the facility by order of a judge of a municipality or county outside Ramsey County if the county is paid the amount of compensation for board, confinement, and maintenance of the inmate that it determines. A county outside Ramsey County or a municipality outside Ramsey County may enter into and agree with Ramsey County for the incarceration of prisoners.

383A.09 [Repealed, 1996 c 310 s 1]
383A.10 [Repealed, 1996 c 310 s 1]

383A.11 MORGUE.

Ramsey County shall construct or otherwise provide, equip, maintain and operate a public morgue.

383A.12 HEALTH DEPARTMENT.

Subdivision 1.Establishment.

It is the purpose of this subdivision to provide enabling authority for Ramsey County to establish a comprehensive health department and to provide coordinated public and mental health services to the residents of Ramsey County. The term "department" means the comprehensive health department established in Ramsey County. This subdivision is in addition to any statutory authority now existing for the establishment of a health department for Ramsey county.

Ramsey County may create a county health department which is under the supervision and control of the county board.

Subd. 2.Powers and responsibilities.

(a) The responsibilities assigned to the department shall include but not be limited to all or some of the responsibilities as set forth in paragraphs (b) to (m).

(b) The powers and duties vested in or imposed upon a local health board as provided in Minnesota Statutes 1969, chapter 145, for the area of all of Ramsey County.

(c) The powers and duties imposed upon a board of county commissioners to employ public health nurses as provided in Minnesota Statutes 1969, chapter 145.

(d) Health services for school children vested in or imposed upon a school district when the board of education of the school district petitions the county to provide the services by contract or otherwise for its district.

(e) The powers and duties vested in or imposed upon the agent of a board of health as authorized under section 145A.04 of a city inside the county of Ramsey who has elected to maintain local registration of vital statistics and the powers and duties of the court administrator of the district court of Ramsey County as local registrar of vital statistics.

(f) The county may authorize the health department to operate a mental health program and may utilize the authorities of the community mental health boards as set forth in sections 245.61 to 245.66. When so authorized, the county board shall suffice to function in lieu of the community mental health board provided for in section 245.66.

(g) Prepare and have published an annual report of the work of the health department.

(h) Recommend to the governing body of a governmental unit inside the county of Ramsey local legislation pertaining to public health.

(i) The department may be authorized to provide other health services as may be directed by the county board if the services are authorized by law to be provided by the county or by any agency or department thereof.

(j) The department may be authorized to buy services from other agencies, public or private, that are providing services consistent with health department purposes.

(k) The department may be authorized to establish fee schedules based on ability to pay for services rendered.

(l) The county may adopt and enforce rules for the preservation of public health applicable to the whole or a part of the county, but no rule may supersede higher standards established by statute, the rules of the commissioner of the state department of health, or provisions of the charter or ordinances of a municipality inside the county pertaining to the same subject. Nothing in this paragraph shall prohibit a municipality from adopting ordinances or resolutions for the regulation of the public health setting higher standards than those of the commissioner of the state Department of Health, the county board, or state law.

(m) The health department shall cause all laws and rules relating to public health to be obeyed and enforced inside its jurisdictional area.

Subd. 3.Funding.

The health department shall be operated and maintained from funds appropriated for and fees collected by the department together with the state, federal, and private grants that are made available to it or to any of the local governmental units in the county of Ramsey for health purposes.

The county shall annually prepare and approve a budget of the department's proposed expenditures for the ensuing fiscal year.

Subd. 4.Transfer of functions.

Upon assignment by the county board of the responsibilities under subdivision 2, the powers and duties of a department board, agency, governmental subdivision, or bureau whose powers and duties have been placed in the health department shall end and its records and personnel relating to the powers and duties are transferred to the health department.

Subd. 5.Authorized agent.

The county shall appoint an authorized agent who shall be designated the director of public health and who shall be responsible for the operation of the department. The county shall fix the officer's salary.

The authorized agent must be a licensed physician experienced or trained in public health administration, or instead a person, other than a physician with training or experience in public health administration. If the appointee is not a physician, the county board shall provide, in addition, the services of a licensed physician that are necessary on either a part-time or full-time basis and provide reasonable compensation therefor. The director of the department shall select subordinate personnel subject to the approval of the county board.

Subd. 6.Employees.

Each person transferred to the health department by this subdivision and each employee under a merit system governing public employees is considered to have qualified for a permanent position of similar class and grade in the classified civil service of Ramsey County, without reduction in pay or seniority, and without examination. Each other person so transferred who is a full-time officer or employee shall take, within six months after the organization of the health department, and subject to civil service rules of Ramsey County, a noncompetitive, practical, qualifying examination. The qualifying examination may involve only the duties of the position occupied immediately prior to the organization of the health department or the position occupied on the date the examination is given, whichever examination the officer or employee elects to take. A person taking the qualifying examination who possesses the ability and capacity to perform the duties of the position, in a reasonably efficient manner, shall be given a permanent civil service status in the Ramsey county civil service. A person who willfully refuses to take the examination when offered without reasonable excuse shall be removed from the position held immediately. A person taking the examination who fails to pass shall be removed from the position held at the end of 60 days after receipt of notice of failure to pass. A person required to take a qualifying examination shall not be laid off, suspended, discharged, or reduced in pay or position except in accordance with the provisions of laws applicable to members of the classified Ramsey County civil service having civil service status without having completed the qualifying examination and being notified of the result thereof.

A part-time officer or employee of a department, board, agency, governmental subdivision or bureau whose powers and duties are placed in the health department may be transferred upon the organization of the health department and may become officers or employees thereof.

Subd. 7.Resolution, approval.

No resolution adopted by the Board of County Commissioners of Ramsey County establishing a county health department is effective inside each of the following governmental units unless approved by the governing body of the particular unit, namely: city of Saint Paul; city of White Bear Lake; cities of Arden Hills, Blaine, Falcon Heights, Gem Lake, Little Canada, Lauderdale, Maplewood, Mounds View, New Brighton, North Oaks, North Saint Paul, Roseville, Saint Anthony, Shoreview, Spring Lake Park, Vadnais Heights; town of White Bear. The resolution is effective in a unit upon the approval of that unit's governing body.

Subd. 8.Health service.

The Ramsey County nursing service presently existing shall not be discontinued unless the discontinuance is approved by two-thirds of the governing bodies of the governmental units listed in subdivision 7.

No governmental unit listed in subdivision 7 shall pay for any services provided by this section until its governing body has approved the resolution as provided in subdivision 7.

None of the functions of the presently existing city health departments in the county of Ramsey may be abandoned by the county health department without proper provision for the exercise of the function by some agency of government.

383A.13 PARAMEDICS.

Subdivision 1.Definitions.

As used in this section, "paramedic" means a person who:

(1) is an employee of the county of Ramsey;

(2) has been specially trained in emergency cardiac and noncardiac care by a licensed physician in a training program certified by the commissioner of the state Department of Health or the State Board of Medical Practice and is certified as qualified to render the emergency lifesaving services enumerated in this section.

Subd. 2.County may have.

The county of Ramsey may maintain a staff of paramedics.

Subd. 3.May do these actions.

Paramedics may do any of the following:

(a) perform regular rescue, first aid and resuscitation services;

(b) during training administer parenteral medications under the direct supervision of a licensed physician or a registered nurse;

(c) perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient;

(d) administer intravenous saline or glucose solutions;

(e) administer parenteral injections in any of the following classes of drugs;

(i) antiarrhythmic agents;

(ii) vagolytic agents;

(iii) chronotropic agents;

(iv) analgesic agents;

(v) alkalinizing agents;

(vi) vasopressor agents;

(vii) diuretics;

(f) administer, perform and apply all other procedures, drugs and skills in which they have been trained and are certified to give, apply and dispense.

Subd. 4.Pre-clause (c), (d), (e), (f) duty.

At all times before undertaking the actions authorized by clauses (c), (d), (e) and (f), paramedics shall try and, during the course of an emergency, continue to try to establish voice communications with and receive instructions from a licensed physician who has been associated with the dispensing of emergency cardiac and noncardiac medical care.

Subd. 4a.Duty during cardiac emergency.

Additionally, during the course of what the paramedics believe to be a cardiac emergency, they shall try to telemeter an electrocardiogram of the person being treated to a licensed physician, who has been associated with the dispensing of cardiac medical care.

Subd. 5.Physician delegation law otherwise unchanged.

Nothing contained in this section changes existing law as it relates to delegation by a licensed physician of acts, tasks or functions to persons other than paramedics.

Subd. 6.No civil liability of doctors and nurses; conditions.

No licensed physician or registered nurse, who in good faith and in the exercise of reasonable care gives emergency instructions to a certified paramedic at the scene of an emergency, or while in transit to and from the scene of such emergency, shall be liable for any civil damages as a result of issuing such instructions.

Subd. 7.No civil liability of paramedics; conditions.

No certified paramedic, who in good faith and in the exercise of reasonable care renders emergency lifesaving care and treatment as set forth in this section, is liable for any civil damages because of rendering such care and treatment.

383A.14 AIR QUALITY.

Subdivision 1.Appropriation.

Ramsey county may appropriate and spend money in each year for the improvement and preservation of the purity and quality of the air.

Subd. 2.Joint powers.

Ramsey county may enter into contractual agreements with another governmental unit, body or group of bodies inside or outside the county without regard to whether the other governmental unit, body or group of bodies be a unit of state, county or municipal government or a school district, authority, or special district to perform on behalf of that unit, body or group of bodies the improvement and preservation of the purity and quality of the air.

Subd. 3.Ordinance.

Ramsey county may, by ordinance, enact and enforce rules controlling the purity and quality of the air. No rule adopted by the county pursuant to this subdivision is effective within a governmental unit until ratified by the governing body of the governmental unit affected.

383A.15 [Repealed, 1996 c 310 s 1]

383A.16 HIGHWAY IMPROVEMENTS.

Subdivision 1.

[Repealed, 1994 c 439 s 4]

Subd. 2.Duty to appropriate for municipal streets; formula.

(a) Ramsey County shall appropriate $100,000 annually and pay it to the municipalities in the county who do not receive municipal state-aid street funds, to aid these municipalities in the maintenance of former county roads and county state-aid highways that have been transferred to municipal jurisdiction or town roads as a result of implementation of the recommendation for functional consolidation by the Ramsey County Local Government Services Study Commission in its March 1992 report of the Ramsey County Local Government Services Study Commission.

(b) This appropriation shall be apportioned by allocating $8,000 per mile for each mile of former county roads and county state-aid highways received by each municipality. These funds shall be spent on municipal roads, streets, or bridges by the governing body of each municipality.

(c) The $8,000 appropriation shall increase or decrease each year by an amount equal to the overall increase or decrease reflected in the Engineering News Record Index.

(d) Failure to provide the appropriation will result in the cities returning the "turnback roads" to Ramsey County, if the city so chooses.

Subd. 3.Certificate.

On or before March 15 of each year, the county engineer shall certify the actual number of miles of roads inside and maintained exclusively by the municipalities outside the city of Saint Paul. The mileage so certified shall not include undeveloped roads, even though the plat thereof may have been filed for record.

Subd. 4.May authorize work without bids.

In Ramsey county, the governing body of a city, village or town therein may authorize the county to construct and maintain any or all of its highways without advertising for bids.

Subd. 5.

[Repealed, 1991 c 51 s 6]

Subd. 6.Condition of highways transferred.

Ramsey county shall, before transferring any highway jurisdiction under subdivision 2, improve each highway to be transferred to a condition consistent with a Ramsey County pavement management system score of 90.

Subd. 7.Definition.

For purposes of this section "municipality" means a home rule or statutory city and the town of White Bear.

383A.165 SEASONAL HIGHWAY LOAD RESTRICTIONS.

Despite section 169.87, subdivision 2, seasonal load restrictions from March 20 to May 15 of each year do not apply to county highways and county state-aid highways in Ramsey County unless otherwise restricted and posted by the appropriate Ramsey County authority as provided in section 169.87, subdivision 1.

History:

1985 c 29 s 1

383A.17 CAPITOL APPROACH.

Ramsey County shall withdraw from repurchase each parcel of land within the Capitol area that has been forfeited to the state for taxes.

History:

1974 c 435 s 1.0210

383A.18 SOLDIERS' REST.

Subdivision 1.Authority to buy cemetery lots.

Ramsey County may purchase a plot of ground in an organized cemetery lying, in whole or in part, in the county, or in a contiguous county, to be used as a soldiers' rest for the interment of honorably discharged deceased military veterans of the United States and their spouses and minor children.

Subd. 2.Authority to hire an agent.

Ramsey County may compensate the expenses of an agent, who must be a veteran, to care for the soldiers' rest and to issue permits for burial in it.

History:

1974 c 435 s 1.0212; 1981 c 42 s 1

383A.19 CODIFICATION OF SPECIAL LAWS.

Ramsey County may collect and publish the special laws pertaining to Ramsey County.

383A.20 GOVERNMENT ADMINISTRATION.

Subdivision 1.

[Repealed, 1991 c 51 s 6]

Subd. 2.Auditor, treasurer, court commissioner and county recorder.

(a) In the county of Ramsey, the offices of county auditor, county treasurer, court commissioner, and county recorder are not elective but filled by appointment by the Ramsey County Board of Commissioners as provided in subdivisions 1 and 2, unless the office is abolished pursuant to a reorganization or consolidation under clause (b).

(b) The duties, functions and responsibilities which are required by statute to be performed by the various elected officials whose offices are by subdivisions 1 and 2 made appointive are vested in and performed by Ramsey County. Ramsey County may initiate and direct a reorganization, consolidation, reallocation or delegation of these duties, functions, or responsibilities to promote efficiency in county government, and may make the other administrative changes, including the abolishing of the offices of auditor, treasurer and county recorder or the transfer of personnel that the county considers necessary for this purpose. The reorganization, reallocation, or delegation or other administrative change or transfer does not diminish, prohibit or avoid those specific duties required by statute to be performed by those officials whose office is now made appointive.

(c) The elected county auditor, county treasurer, court commissioner, and county recorder shall serve as the heads of departments created by Ramsey County to perform the functions performed by their offices and shall serve until their terms of office expire; or upon the expiration of their terms until successors are appointed and duly qualify; and shall not prior to age 70 be disqualified from reappointment by reason of age.

Subd. 3.Group insurance for retired employees.

Ramsey County shall provide to each employee, including an elected official, who retires, during retirement or to the surviving spouse of the employee, insurance protection in the amount that the county considers proper, providing medical, surgical and hospitalization benefits for the employee and dependent spouse. These benefits may not exceed benefits of similar nature existent and authorized for employees of the county. For these benefits for each retired employee, the average monthly premium cost is limited to $14 and for the spouse of the employee the monthly premium cost is limited to $10. If the revised Consumers' Price Index, as published by the United States Department of Labor, Bureau of Labor Statistics, for the city of Minneapolis, Minnesota (or if no index is published for the city of Minneapolis, for the nearest city to Minneapolis for which an index is published), as of January 15 of each year (or for the date nearest to January 15 if no index is published as of January 15), shall be above 119 (using the average for the year 1967 as a base), the total maximum amounts for average monthly premium cost shall be increased by one percent for each point increase in the index above 119. For purposes of this computation, a fractional point increase shall be disregarded if less than one-half point and treated as one full point if one-half point, or more.

Subd. 4.Eligibility.

The benefits provided in subdivision 3 are available at normal retirement to each employee or elected official who retires at normal retirement; at age 65 to each employee or elected official who retires after 55 years of age or older and has at least 20 years of county service; and at age 62 to each employee or elected official who retires after 62 years of age or older and has at least 30 years of county service.

Subd. 5.Workers' compensation for sheriff's personnel.

Ramsey County may insure with an insurance carrier its liability to pay workers' compensation with respect to personnel subject to the authority of its sheriff who are engaged in the furnishing of police service to a city or town pursuant to the provisions of section 436.05. This insurance shall be governed by the provisions of chapter 176. The failure of the county of Ramsey to insure with an insurance carrier its liability to pay workers' compensation to any other employee or group of employees shall not preclude exercise of the authority conferred by this subdivision.

Subd. 6.

[Repealed, 1991 c 51 s 6]

Subd. 7.

[Repealed, 1991 c 51 s 6]

Subd. 8.

[Repealed, 1991 c 51 s 6; 1991 c 326 s 27]

Subd. 9.

[Repealed, 1991 c 51 s 6]

Subd. 10.Automobile mileage.

(a) Generally. Ramsey County may provide for the payment of an automobile allowance to a county officer or employee, except a county commissioner, who officially uses a personal automobile in the performance of public duties. The authorization shall include any limitations as to amount and persons qualified for the automobile allowance, the formula to be used for the allowance, and other limitations or safeguards that the county considers to be expedient in the public interest. A county commissioner may receive actual and necessary expenses as provided in the charter.

(b) Definition. Automobile allowance is defined as the payment of compensation or reimbursement made by the county, through the use of a formula decided upon by the county, to an officer or employee for the use of a personal automobile in the performance of public duty.

(c) Limitations. Ramsey County shall have full authority and control, free from other limitations except as provided in this subdivision, to provide the method of payment, the formula for payment and the amount of the automobile allowance to be paid. This subdivision, insofar as the county of Ramsey is concerned, is paramount to any other statute of the state of Minnesota now existing.

Subd. 11.

[Repealed, 1991 c 51 s 6]

Subd. 12.Cash over and short account of imprest cash fund.

The county may establish a cash over and short account within each of its imprest cash funds and cash receipt accounts. This account shall be used to record on a daily basis overages and shortages of cash receipts.

At the end of each fiscal year, the county shall credit or debit the overage or shortage from each imprest cash fund and cash receipt account to the county revenue fund.

In the instance of a debit balance remaining in the cash over or short account, the county may transfer money sufficient to offset the debit balance from any available fund.

The county budget director shall make the appropriate adjustments and entries on the general books of the county.

383A.201 OFFICIALS NOT TO BE INTERESTED IN CONTRACTS.

No Ramsey County official or the official's deputy, clerk, or employee and no commissioner for tax-forfeited lands or the commissioner's assistants, may have a personal financial interest (1) in a contract, work, labor, or business to which the county is a party or in which it is or may be interested, (2) or in the furnishing of an article to, or the purchase or sale of any real or personal property by the county, or of which the consideration, price, or expense is payable from the county treasury. A violation of this section is a gross misdemeanor.

History:

1988 c 500 s 2

383A.21 FEES OF THE COURT ADMINISTRATOR OF DISTRICT COURT, CORONER AND COUNTY RECORDER.

The board of county commissioners shall set the fees to be charged and collected for the services of the court administrator of district court, coroner and county recorder. These officers shall file schedules of the fees in their offices.

383A.22 FEE SYSTEM FOR COUNTY SERVICES, DOCUMENT PROCESSING.

Subdivision 1.After hearing.

The board of county commissioners, after a public hearing, may establish a system of fees or charges for recording, filing, certification or providing copies of an instrument, document or other paper, or for the services of a county office, official, department, or employee thereof, or a court system located entirely inside the county.

Subd. 2.Not for uniform state fees, shared fees.

Subdivision 1 does not apply to a fee or charge concerning a service, license, permit or document established by law as uniformly applicable to all counties of the state. Subdivision 1 does not amend any law that provides that a charge or fee is returnable in whole or part to the state, or any of its subdivisions or any other agency.

Subd. 3.Extra service based on cost.

When a service is requested of a county office or agent, beyond that which would normally be provided in the ordinary course of business of the office or agent, the board of county commissioners, after a public hearing, may establish a fee or charge for it based upon the cost of providing the service.

History:

1978 c 743 s 8

383A.23 COMMISSIONERS; COMPOSITION; REDISTRICTING.

Subdivision 1.

[Repealed, 1991 c 51 s 6]

Subd. 2.

[Repealed, 1Sp1986 c 3 art 1 s 48]

Subd. 3.

[Repealed, 1Sp1986 c 3 art 1 s 48]

Subd. 4.

[Repealed, 1Sp1986 c 3 art 1 s 48]

Subd. 5.Future redistricting.

The redistricting of Ramsey County is governed by section 375.025.

383A.24 [Repealed, 1991 c 51 s 6]
383A.25 [Repealed, 1991 c 51 s 6]

383A.26 ORGANIZATION.

In addition to the election of a vice-chair as prescribed by the general laws of this state, the county board shall elect a second vice-chair, who shall perform the duties of the chair and vice-chair in their absence.

History:

1974 c 435 s 2.04; 1986 c 444

383A.27 PROCEDURE.

Subdivision 1.Meetings.

In addition to meeting on the days prescribed by the general laws of this state, the Board of County Commissioners of Ramsey County shall meet at least twice each month at the times and dates established by the board at its first meeting in January of each year to transact any business that may properly come before the board.

Subd. 2.Rules; journal.

The board shall determine its own rules and order of business and shall provide for keeping a journal of its official proceedings. This journal shall be a public record and shall be published according to section 375.12, in a newspaper having in the county its own office of issue and doing its typographic composition and presswork in the county.

383A.28 [Repealed, 1985 c 89 s 23]

383A.281 DEFINITIONS.

Subdivision 1.Interpretation.

Unless the language or context indicates that a different meaning is intended, the following terms, for the purpose of sections 383A.281 to 383A.301 and rules adopted under sections 383A.281 to 383A.301, have the meanings given them in this section.

Subd. 2.Allocation.

"Allocation" means the assignment of an individual position to an appropriate class on the basis of the kind, difficulty, and responsibility of the work performed in the position.

Subd. 3.Applicant.

"Applicant" means a person who has completed an application for employment and has submitted it to the department of personnel or other appointing authority who has been delegated the authority to recruit and examine individuals for positions in the county personnel system.

Subd. 4.Appointing authority.

"Appointing authority" means an elected official, the head of a board, department, division, or commission, or person or group of persons who by law, rule, or resolution of the county board has been granted the authority to make appointments to positions in the county personnel system.

Subd. 5.Appointment.

"Appointment" means the act of filling a vacancy by placement of a person in the county personnel system through selection from an eligible list or a noncompetitive or qualifying process including transfer, demotion, or reinstatement.

Subd. 6.Certification.

"Certification" means the referral of names from an eligible list to an appointing authority to fill vacant positions in the classified service.

Subd. 7.Class.

"Class" means one or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive title may be used with clarity to designate each position allocated to the class, that the same general qualifications are needed for performance of the duties of the class, that the same tests of fitness may be used to recruit employees, and that the same schedule of pay can be applied with equity to all positions in the class under the same or substantially the same employment conditions.

Subd. 8.Classification.

"Classification" means the process of grouping positions into classes with respect to similar duties and responsibilities of the positions.

Subd. 9.Classified service.

"Classified service" means all positions existing on the effective date of sections 383A.281 to 383A.301 or subsequently created in the county personnel system and not specifically designated as unclassified positions pursuant to section 383A.286.

Subd. 10.Competitive open examination.

"Competitive open examination" means that eligibility to compete in an examination is extended to all interested qualified persons.

Subd. 11.Competitive promotional examination.

"Competitive promotional examination" means that eligibility to compete in an examination is limited to qualified county employees by department.

Subd. 12.County board.

"County board" means the Ramsey County Board of Commissioners.

Subd. 13.County personnel system.

"County personnel system" means all employees in the departments or agencies of county government or joint city and county agencies which receive their funding in whole or in part from the county board, including employees of:

(a) elected officials;

(b) the Saint Paul-Ramsey Medical Center Commission; and

(c) the court administrator of district court;

but not including:

(1) district court judges;

(2) court reporters, law clerks, referees employed by the district court, and the Second Judicial District administrator's office;

(3) court commissioners;

(4) the public defender;

(5) employees of the Examiner of Titles, Agricultural Extension Service, Humane Society, Historical Society, and Soil and Water Conservation District; and

(6) other employees not subject to a county personnel system because of state law.

Subd. 14.Director.

"Director" means the director of the department of personnel or the director's delegated representative.

Subd. 15.Eligible.

"Eligible" means a person whose name is on an eligible list.

Subd. 16.Eligible list.

"Eligible list" means a list of candidates eligible for employment in a specific class.

Subd. 17.Employee.

"Employee" means any person currently occupying, or on leave from, a county personnel system position.

Subd. 18.Layoff list.

"Layoff list" means an eligible list by class of former permanent or probationary employees who have been terminated from positions in the class because of a shortage of funds or curtailment of service or for any other reason beyond their control not reflecting discredit on the employee.

Subd. 19.Permanent status.

"Permanent status" means the state or condition achieved by an employee in the classified service who has successfully completed an initial probationary period or a probationary period required following reinstatement or reemployment.

Subd. 20.Personnel Department.

"Personnel Department" means the department charged with the administration of the county personnel system under the supervision of the Personnel Department director.

Subd. 21.Personnel Review Board.

"Personnel Review Board" means the body charged with review responsibilities pursuant to section 383A.287.

Subd. 22.Position.

"Position" means a group of duties and responsibilities assigned or delegated by the appointing authority, requiring the full-time or less than full-time employment of one person.

Subd. 23.Probationary period.

"Probationary period" means a period of time following appointment to a position in the classified service, during which the employee is required to demonstrate ability to perform the duties and fulfill the responsibilities of the position.

Subd. 24.Reclassification.

"Reclassification" means changing the allocation of a position to a different class.

Subd. 25.Reemployment list.

"Reemployment list" means an eligible list by class of current or former permanent or probationary employees laid off, demoted in lieu of layoff, or separated in good standing from the class, and whose written applications for consideration for reemployment in the class have been approved by the personnel director.

Subd. 26.Transfer.

"Transfer" means a change of an employee in one position within a department to a position of comparable class in another department.

Subd. 27.Unclassified service.

"Unclassified service" means all positions which are not within the classified service as defined by section 383A.285.

Subd. 28.Permanent tenure.

"Permanent tenure" means the state or condition achieved by an employee in the classified service who has successfully completed an initial probationary period.

Subd. 29.Protected groups.

"Protected groups" means the groups defined by section 43A.02, subdivision 33.

383A.282 COUNTY BOARD RESPONSIBILITIES.

Subject to sections 383A.281 to 383A.301 and other law, the county board shall fix the annual salary of county officials and determine the number and compensation of all employees in the county personnel system.

History:

1985 c 89 s 2

383A.283 PERSONNEL DEPARTMENT.

Subdivision 1.Creation.

The Personnel Department is created under the supervision of the director of personnel.

Subd. 2.Director.

The director shall be appointed by the Ramsey County executive director, on the basis of merit and fitness as a result of a competitive examination, subject to the approval of the county board. The director shall be in the classified service and shall report directly to and be supervised by the Ramsey County executive director.

Subd. 3.Responsibilities.

The personnel director shall provide personnel management services and assistance to all county departments, enforce any personnel rules and regulations adopted by the county board, and carry out the responsibilities set forth in sections 383A.281 to 383A.301.

History:

1985 c 89 s 3

383A.284 GENERAL; PERSONNEL POWERS OF DEPARTMENT AND COUNTY BOARD.

Subdivision 1.Rulemaking.

The personnel director shall prepare rules to implement the provisions of sections 383A.281 to 383A.301. The rules shall be effective upon approval by the county board. Prior to approval, the county board shall hold a public hearing on the proposed rules after giving notice to county departments, employees, affected labor organizations, and the public. The rules approved by the county board shall have the force and effect of law. The rules may be amended or repealed in the same manner as originally adopted.

Subd. 2.Collective bargaining.

The executive director or the director's designee shall be the chief labor negotiator for the county. The executive director may, as necessary and at discretion, include department heads of affected departments in the labor negotiation process. The executive director shall recommend to the county board for its final approval all collective bargaining agreements. To the extent they are covered by a collective bargaining agreement, the compensation, term, and conditions of employment for all employees represented by an exclusive representative certified pursuant to chapter 179A shall be governed by the collective bargaining agreement executed by the county board and the parties and it shall supersede any rule or administrative procedure adopted pursuant to sections 383A.281 to 383A.301, unless a provision of the agreement is found to violate other state or federal law.

Subd. 3.Payroll voucher certification.

The director of personnel or the director's authorized agent shall be responsible for certification of the payroll vouchers that the persons named in them have been appointed and employed in accordance with the provisions of sections 383A.281 to 383A.301 and the rules under sections 383A.281 to 383A.301. No Ramsey county disbursing or auditing officer shall make or approve or take part in making or approving payment for personal service to a person holding a position in county service unless the payroll voucher or account for the amount bears the certification of the director or the authorized agent.

Subd. 4.Evaluation; report.

The county board shall establish performance indicators and annually monitor the performance of the personnel management system in the county. The personnel director shall periodically review and evaluate current and future staff needs of all county departments, job classes and descriptions, training and development, and internal and market comparability of all classification and salary schedules and report to the county board on these and other personnel management areas, as requested.

Subd. 5.Review appointments.

Prior to each new appointment to the county personnel system, the personnel director shall certify that the person has been appointed in accordance with sections 383A.281 to 383A.301 and applicable rules and regulations.

History:

1985 c 89 s 4

383A.285 CLASSIFIED SERVICE.

Subdivision 1.General.

(a) All appointments to the classified service shall be based upon merit, fitness, and ability to perform the duties of the position and needs of the appointing authority, including the need to achieve and maintain a representative work force.

(b) The classified service is a permanent service to which this law applies and comprises each tenured position in the public service existing on, or established after, the effective date of sections 383A.281 to 383A.301.

Subd. 2.Classification plan.

The personnel director shall maintain, revise, and administer a classification and salary plan.

Subd. 3.Classification of positions.

The personnel director shall place each position in the classified service in an appropriate class in the classification plan or in a new class to be created, if appropriate. If a class is unique to a department, the personnel director shall consult the head of that department before classifying the unique positions.

Subd. 4.Appeal from classification or reclassification.

An appointing authority or an employee affected by a classification or reclassification of a position may protest the action in writing to the personnel director. The personnel director shall review the classification or reclassification and may change the decision. Neither the appointing authority nor the employee shall have any further right to appeal a decision regarding a classification or reclassification to the Personnel Review Board.

Subd. 5.Study; implementation.

The personnel director shall complete a reclassification study within 60 days after receiving a reclassification request. The appointing authority shall implement the personnel changes required by the reclassification decision in a timely manner and qualifications for reclassified positions shall be reasonably commensurate with the requirements of the position.

Subd. 6.Incumbents.

The incumbent of a position which has been reclassified shall continue in the position if the employee is eligible for the position in the new class in accordance with sections 383A.281 to 383A.301, and rules adopted under sections 383A.281 to 383A.301. An incumbent who is ineligible to continue in the reclassified position, shall be transferred, promoted, or demoted. The incumbent's salary shall not be less than it was in the former classified position but it may be frozen at the level of the former classified position until it is commensurate with the class and grade of the position to which the incumbent was transferred or demoted.

Subd. 7.Examinations; incumbents.

An employee with permanent or probationary status whose position is reclassified shall be considered eligible to compete in any examination held to fill the reclassified position as provided in the rules or administrative procedures.

Subd. 8.Reinstatement.

(a) An employee who is granted a leave of absence from a position in the classified service to accept a position in the unclassified service, upon request, shall, during the unclassified appointment or within 60 days after the end of the unclassified appointment, be reinstated to the department from which the employee was granted a leave, to a classified position comparable to that which was held immediately prior to being appointed to the unclassified position.

(b) At the discretion of the appointing authority, any employee who without fault or delinquency has resigned or been demoted, within one year after leaving the position in the classified service, may be appointed or reinstated to a classified position within the same department which is comparable to the position held previously. An employee may be reinstated from a leave of absence as determined by the rules and regulations adopted by the county board pursuant to sections 383A.281 to 383A.301.

Subd. 9.Classifying positions.

An employee in an unclassified position on the effective date of sections 383A.281 to 383A.301 which becomes classified by sections 383A.281 to 383A.301 shall continue to serve in the classified position and have all the benefits of classified service notwithstanding any other provision of sections 383A.281 to 383A.301.

Subd. 10.Unclassifying positions.

An employee in the classified service with permanent tenure, who is an incumbent of a position which becomes unclassified and is not appointed to or is removed from the unclassified position, shall be transferred by the personnel director to a classified position within the same department comparable to the unclassified position. If a comparable position is unavailable, the person shall be transferred by the director to a classified position comparable to that held immediately prior to being appointed to the position which was unclassified. If the employee held an unclassified position with the same agency before being appointed to the classified position that is unclassified, the person shall be transferred by the director to a classified position comparable to the classified position next in rank below the position that is unclassified. The employee's salary shall not be less than it was in the position which was unclassified, but it may be frozen until it is commensurate with the class and grade of the position to which the employee was transferred.

History:

1985 c 89 s 5; 1986 c 444

383A.286 UNCLASSIFIED SERVICE.

Subdivision 1.General.

An appointing authority may appoint employees to the unclassified service in accordance with this section. Positions in the unclassified service shall not be required to be filled by competitive examination, but shall be subject to an open application and screening process. The appointing authority may discharge employees in the unclassified service with or without cause. Employees in the unclassified service have no right to a grievance appeal from discharge or other disciplinary action under sections 383A.281 to 383A.301. An employee in an unclassified position shall not have tenure but shall be entitled to all benefits associated with tenure such as vacation leave, sick leave, health insurance, and other benefits as determined by the county board.

Subd. 2.Unclassified positions.

The following positions shall be in the unclassified service:

(a) positions held by elected officials or persons appointed to fill an elected office;

(b) one assistant for each elected official;

(c) the director or principal administrative officer of a department of county government or agency created by law, except that the affirmative action officer, personnel director, internal auditor, and director of budgeting and accounting shall be positions in the classified service;

(d) doctors, residents, and student nurses employed by the county or county agency;

(e) members of a board or commission appointed by the county, or the county and the city, and acting in an advisory capacity;

(f) weed inspectors, election judges, or election clerks;

(g) special police officers or special deputy sheriffs serving without pay;

(h) judges, court administrators, court reporters, receivers, referees, the examiner or assistant examiners of titles, public defenders, arbiters, jurors, court administrator of district court, or persons appointed by the district court to make or conduct a special inquiry of a judicial or temporary character;

(i) all positions in the Second Judicial District administrator's office;

(j) the executive director and eight principal assistants;

(k) the chief executive officer of the medical center and seven principal assistants;

(l) interns, student workers, law clerks, or other employees employed for a limited duration as determined by the county board;

(m) positions designated by the county board as unclassified pursuant to subdivision 3;

(n) the sheriff, the sheriff's chief deputy, three principal assistants, and a personal secretary; and

(o) the county attorney, the county attorney's first assistant, one principal assistant, and a personal secretary.

Subd. 3.Unclassified positions authorized by county board.

The county board may designate additional positions in the unclassified service if the following criteria are met:

(a) designation of the position is not contrary to the provisions of other law relating specifically to that department;

(b) the person occupying the position of supervisor or a department assistant would report directly to the department head and would be designated as part of the department head's management team; and

(c) the duties of the position involve significant discretion and substantial involvement in the development, interpretation, and implementation of department policy.

The personnel director shall certify whether the designation is consistent or inconsistent with the standards and criteria in this section. The county board may appeal certification decisions to the Personnel Review Board.

383A.287 PERSONNEL REVIEW BOARD.

Subdivision 1.Creation.

The Ramsey County Personnel Review Board is created to review disciplinary appeals and conduct performance reviews of the personnel department.

Subd. 2.Organization.

The county board, by a majority vote, shall appoint seven persons to the Personnel Review Board to serve four-year staggered terms. Any vacancies shall be filled by a majority vote of the county board for the unexpired term. Each member shall hold office until a successor has been appointed. Membership on the Personnel Review Board shall be limited as follows:

(a) each member shall take an oath of office before assuming the duties of office;

(b) no person shall be a member of the Personnel Review Board while holding a public office, or while holding office in a political party above the state legislative district level, nor for two years after having held that kind of public or political office; and

(c) each member shall be a resident of the county and if a member becomes a nonresident, the member forfeits the office.

Subd. 3.Removal from office.

A Personnel Review Board member may be removed from office by the county board for cause, after a copy of the charges has first been given to the member and opportunity of being publicly heard before the county board, upon not less than ten days' written notice. A majority vote of the county board shall be required for removal.

Subd. 4.Compensation.

Compensation for members of the Personnel Review Board shall be set by resolution of the county board.

Subd. 5.Responsibilities.

(a) Nondisciplinary appeals. The Personnel Review Board shall hear all nondisciplinary personnel appeals as defined in the rules adopted by the county board pursuant to section 383A.284, subdivision 1.

(b) Grievances and disciplinary appeals. All appeals or grievances relating to discharge, suspension, demotion for cause, salary decrease, or other disciplinary action shall be heard by an administrative law judge appointed pursuant to section 14.55. The administrative law judge shall hear the grievance or appeal and report a recommendation to the Personnel Review Board in a timely manner consistent with section 383A.294 and the rules and regulations promulgated by the county board.

(c) Review of Personnel Department performance. Periodically, as requested by the county board, the Personnel Review Board shall review, report, and make recommendations to the county board regarding Personnel Department services, procedures, and practices.

383A.288 COMPETITIVE EXAMINATIONS.

Subdivision 1.General.

Entrance to the classified service shall be through successful competition in an examination and certification and appointment from an eligible list except as provided in this section.

Subd. 2.Types of examinations.

All examinations for positions in the classified service shall be job related, nondiscriminatory, and designed to fairly assess ability to perform the duties of the class for which the examination is given. The examination may consist of, but shall not be limited to, one or more of the following:

(a) written subjective or objective tests;

(b) physical tests;

(c) practical or demonstration tests;

(d) evaluation of training and experience;

(e) oral subjective or objective tests in the form of question and answer;

(f) interviews; or

(g) a supervisory evaluation of job performance.

Subd. 3.Eligibility for competitive open examinations.

(a) Competitive open examinations shall, upon public notice, be open to all applicants who meet reasonable job-related requirements fixed by the Personnel Department.

(b) Employees in the classified service with permanent tenure who pass an open competitive examination shall have added to their final examination score one point for each year of permanent tenure up to a maximum of ten points. This credit shall not be used for examinations for supervisory positions. During the term of any joint powers agreement between the city of Saint Paul and Ramsey County joining a city of Saint Paul department or program and a Ramsey County department or program into a combined department or program under the direction of Ramsey County, Ramsey County may allow classified employees of the affected city of Saint Paul department, who pass an open competitive examination to have added to their final examination score one point for each year of permanent tenure in the classified service of the city of Saint Paul, up to a maximum of ten points, in open competitive examinations to fill vacancies in county positions only in the combined department or program.

Subd. 4.Eligibility for competitive promotional examinations.

Competitive promotional examinations shall be open only to permanent and probationary employees of the classified service. The Personnel Department may limit competition to employees of one or more departments, or to employees meeting specified employment requirements. During the term of any joint powers agreement between the city of Saint Paul and Ramsey County joining a city of Saint Paul department or program and a Ramsey County department or program into a combined department or program under the direction of Ramsey County, Ramsey County may allow classified employees of the city of Saint Paul department or program and classified employees of the Ramsey County department or program, so combined, to be considered as employees of the classified service of a single Ramsey County department for the purpose of this subdivision.

Subd. 5.Waiver of competitive examinations.

The personnel director shall establish a procedure and a definition of the criteria for the selection and referral of qualified applicants to fill positions in routine service classifications involving unskilled tasks. Applicants to fill vacancies in the classifications shall be exempt from ranking and certification. The director shall refer all qualified applicants to the appointing authority having vacancies in the appropriate classifications.

Subd. 6.Classified managerial positions.

The personnel director shall establish criteria for the designation of positions in the classified service as managerial positions where the duties involve significant discretion and substantial involvement in the development, interpretation, and implementation of departmental and county policy. The personnel director shall designate those classified positions that meet these criteria in consultation with interested parties, including bargaining units certified pursuant to chapter 179A representing Ramsey County employees. Classified positions, so designated, shall be exempt from the examination and certification requirements of this section, and the provisions of section 383A.289, and shall be filled by means of an open application and screening process.

383A.289 ELIGIBLE LISTS.

Subdivision 1.General.

The personnel director shall prepare eligible lists as provided in this section.

Subd. 2.Rank.

On competitive open and competitive promotional lists eligibles shall be ranked according to their ratings in examinations and any veteran's preference required by law.

Subd. 3.Term of eligibility.

The term of eligibility of eligibles on lists shall be determined by the personnel director but shall not be less than six months.

History:

1985 c 89 s 9

383A.29 [Repealed, 1985 c 89 s 23]

383A.291 CERTIFICATION OF ELIGIBLES.

Subdivision 1.

[Repealed, 1997 c 40 s 2]

Subd. 1a.Under county rules.

Upon request of the appointing authority, the personnel director shall certify eligibles in accordance with rules adopted under section 383A.284, subdivision 1.

Subd. 2.

[Repealed, 1997 c 40 s 2]

Subd. 3.

[Repealed, 1997 c 40 s 2]

Subd. 4.

[Repealed, 1997 c 40 s 2]

383A.292 NONCOMPETITIVE APPOINTMENTS.

Subdivision 1.Temporary appointments.

The personnel director may authorize the appointing authority to make a temporary appointment of not more than six months in any 12-month period. When practicable, the personnel director may certify any qualified eligible from an eligible list for the temporary appointment, but may authorize the appointment of any person deemed qualified by the appointing authority.

Subd. 2.Provisional appointments.

The personnel director may authorize the appointing authority to make a provisional appointment for a position for which there is no eligible list for a period of time determined by the personnel director not to exceed six months.

History:

1985 c 89 s 11

383A.293 PROBATIONARY PERIOD.

Subdivision 1.General.

All appointments to positions in the classified service shall be for a probationary period which shall be not less than three months of full-time equivalent service nor more than one year of full-time equivalent service as determined by the Personnel Department or through collective bargaining agreements. An appointing authority may require a probationary period for interdepartmental transfers, reemployments, reinstatements, voluntary demotions, and appointments from layoff lists or of former employees of a different appointing authority. For employees in a collective bargaining unit the requirement of a probationary period shall be subject to applicable provisions of collective bargaining agreements.

Subd. 2.Termination during probationary period.

There is no presumption of continued employment during a probationary period. Terminations or demotions may be made at any time during the probationary period with or without cause and employees terminated during a probationary period shall have no further right to appeal. If during the probationary period an employee with permanent status is dismissed, the employee shall be restored to a position in the employee's former class and department.

History:

1985 c 89 s 12; 1986 c 444

383A.294 GRIEVANCES.

Subdivision 1.Discharge; suspension; demotion for cause; salary decrease.

No permanent employee in the classified service shall be discharged, suspended without pay, or reduced in pay or position, except for just cause.

Subd. 2.Just cause.

For purposes of this section, just cause includes, but is not limited to, failure to perform assigned duties, substandard performance, misconduct, insubordination, and violation of written policies and procedures.

Subd. 3.Notice of disciplinary action.

The appointing authority shall give a permanent classified employee written notice of the discharge, suspension without pay, or reduction in pay or position. The written notice shall include a statement of the nature of the disciplinary action, the specific reasons for the action, the effective date of the action, and a statement informing the employee of the employee's right to reply within ten working days of receipt of the notice in writing or, upon request, in person, to the appointing authority or the authority's designee. The notice shall also include a statement of the employee's right to appeal to the Personnel Review Board within 30 days of the effective date of the disciplinary action, but an employee who elects to reply to the appointing authority may appeal within ten working days of the receipt of the authority's response to the reply. If the appointing authority has not responded within 30 days of receipt of the employee's reply, the appointing authority shall be deemed to have replied unfavorably to the employee. A copy of the disciplinary action notice and the employee's reply shall be filed with the Personnel Department.

Subd. 4.Appeal process.

(a) Hearing. Within ten days of receipt of the employee's written notice of appeal, the Personnel Review Board shall request the chief administrative law judge to assign an administrative law judge to hear the appeal. The hearing shall be conducted as a contested case and both the employee and appointing authority shall be entitled to present facts at the hearing. The burden of proof shall be on the appointing authority to establish the basis for its disciplinary action by a preponderance of the evidence. A record shall be kept of the hearing at the expense of the Personnel Review Board. The administrative law judge may subpoena and require the attendance of witnesses and the production of any relevant documents and may administer oaths to witnesses.

(b) Hearing report. Within 30 days after the close of the hearing record, the administrative law judge shall recommend to the Personnel Review Board an appropriate disposition of the grievance which shall be in writing and contain findings of fact and conclusions.

(c) Decisions of Personnel Review Board. Within 30 days of receipt of the administrative law judge's recommendation, the Personnel Review Board shall act to modify, reject, or accept the recommendation. If the Personnel Review Board fails to act within 30 days after receipt of the recommendation, it shall be deemed to have accepted the recommendation of the administrative law judge recommending final disposition of the grievance. The Personnel Review Board shall not conduct a hearing prior to modifying, accepting, or rejecting the recommendation of the administrative law judge but shall confine its review to the record established before the administrative law judge and no party to the appeal shall have a right to a hearing de novo before the Personnel Review Board.

(d) Appeal of Personnel Review Board decision. The decision of the Personnel Review Board shall be the final decision regarding the employee's grievance appeal. The decision may be appealed to district court within 30 calendar days after its receipt, by the appointing authority or by the employee. The appeal shall be decided by the court upon the board's record. The decision of the board may be reversed if the hearing record contains no evidence upon which the Personnel Review Board could have reached its decision or if the Personnel Review Board abused its discretion.

(e) Effect of Personnel Review Board decision. The Personnel Review Board decision shall be binding on both the employee and the appointing authority unless on appeal the decision is stayed, modified, or reversed by the district court.

(f) Proper party to litigation. Ramsey County and not the Personnel Review Board, shall be a proper party to an appeal or any litigation arising out of sections 383A.281 to 383A.301.

The Personnel Review Board shall have no right to sue or be sued under sections 383A.281 to 383A.301. The county attorney shall represent the county in any litigation arising out of sections 383A.281 to 383A.301.

An employee may not use both the procedure provided by this section and the grievance procedure provided by chapter 179A.

Subd. 5.Collective bargaining agreements.

Procedures for discipline and discharge of employees covered by collective bargaining agreements shall be governed by the agreements, to the extent that the agreements are inconsistent with sections 383A.281 to 383A.301.

Subd. 6.Production of documents.

The personnel director may make a written request to an employee to produce relevant documents or to a person to appear for the purpose of giving relevant oral statements or testimony relating to a disciplinary action of an employee. An employee who is the subject of a disciplinary action may make a written request to the personnel director for the production of relevant documents or for the appearance of a person to give relevant oral statements or testimony relating to the disciplinary action. The request for the appearance of a person may be to appear and testify at a hearing of the Personnel Review Board or to appear at a specified place to give an oral statement prior to a hearing of the Personnel Review Board. The personnel director, or the employee upon receipt of a request for production of relevant documents, shall furnish the requesting party the documents within ten days of receipt of the written request. A person to whom a request for an appearance has been made shall appear at the time and place designated in the request. If a party to whom a request for relevant documents has been made fails to furnish the documents to the requesting party within ten days of receipt of the request, the requesting party may make an application to the district court for a determination that the refusal to produce the documents was unreasonable. If a person to whom a request for appearance has been made fails to appear at the time and place designated in the request, the party making the request for appearance may make an application to the district court for a determination that the failure to appear was unreasonable. If the district court determines that a failure to produce requested documents or to appear was unreasonable, it may assess costs not exceeding $100 to the requesting party against the refusing party or person.

383A.295 CONDITIONS OF EMPLOYMENT.

Subdivision 1.Benefits.

The personnel director shall have the authority to set hours of employment, sick leave, vacation leave, leave of absence without pay, health insurance, life insurance, and other fringe benefits for employees in the classified and unclassified service subject to the approval of the county board and in accordance with the law.

Subd. 2.Layoffs.

The personnel director shall adopt rules and regulations providing for the layoff and reemployment of employees on the basis of the employee's seniority.

Subd. 3.Retirement.

Employees in the classified and unclassified service, except for elected officials, shall be retired no later than the first day of the month after the month in which the employee reached the age of 70.

History:

1985 c 89 s 14

383A.296 MISCONDUCT.

No person shall interfere with the rights of any person in the examination process, or falsely mark, grade, or report the examination or standing of any person examined, or aid in so doing, or furnish to any person, except in answer to inquiries of the Personnel Review Board, any information for the purpose of changing the rating of any person. No applicant or employee shall falsify an application or record for the purpose of improving prospects for employment. No person shall by means of threats or coercion induce or attempt to induce any person holding a position in the classified service to resign. A violation of this section is cause for dismissal, other discipline, or disqualification from the classified service of the county. In addition to other legal remedies, violations may be enjoined.

History:

1985 c 89 s 15

383A.297 POLITICAL ACTIVITY.

No employee in the classified service shall be under any obligation to contribute to a political service or fund to any person, body, or committee, and no employee in the classified service may be discharged, suspended, demoted, or otherwise disciplined or prejudiced for refusal to do so. All employees in the classified and unclassified service shall be subject to the prohibition on political activities set forth in section 211B.09.

383A.298 TRANSITIONAL PROVISIONS.

All employees of the Civil Service Department shall be transferred to the Personnel Department. All members of the Civil Service Commission shall be members of the Personnel Review Board and serve until their current term expires and a successor is appointed.

History:

1985 c 89 s 17

383A.299 PENALTIES.

A person who willfully violates a provision of sections 383A.281 to 383A.301 is guilty of a misdemeanor.

History:

1985 c 89 s 18

383A.30 [Repealed, 1985 c 89 s 23]

383A.301 STATUS OF PRESENT EMPLOYEES.

Each person holding a position with the county of Ramsey who has acquired permanent tenure or who was serving a probationary period on the effective date of sections 383A.281 to 383A.301 retains the position, seniority date, and accrued benefits.

History:

1985 c 89 s 19; 1986 c 444

383A.31 [Repealed, 1985 c 89 s 23]

383A.32 PURCHASING.

Subdivision 1.Joint city-county purchasing.

(a) Joint program. Notwithstanding a charter provision, city ordinance, or prior law to the contrary pertaining to buying by the city of Saint Paul or the county of Ramsey, and to promote competitive bidding, effect economies in volume buying, and provide better service, the city of Saint Paul and the county of Ramsey shall establish a joint buying program.

(b) Saint Paul Purchasing Department to be used. The county of Ramsey shall buy, or contract for, the supplies, materials, equipment and contractual services required by each department or agency of the county government through the facilities of the city of Saint Paul purchasing department and, for this service, shall pay to the city the cost incurred in providing the service. The cost is determined through an analysis and evaluation of all purchases processed through December 31, 1959, and thereafter through each succeeding year. The manner and method of computing this cost is the joint responsibility of the county and the city.

(c) Saint Paul city charter provisions reserved. All of the charter provisions of the city of Saint Paul pertaining to the procedures, rules, and regulations in the field of buying goods, wares, and merchandise are in their entirety reserved in full.

(d) Standardization committee. A permanent Committee on Standardization of Purchases for the city of Saint Paul and the county of Ramsey is established, to be composed, on an equal basis, of representatives of the city of Saint Paul, the county of Ramsey, and other governmental units permitted to buy through the city purchasing department. The city council shall choose the members of the committee on standardization for the city, and the board of county commissioners, for the county. The committee shall agree on single specifications for each item commonly used in each of the governmental units to combine their purchasing power.

(e) Central stock room. As soon as practical after the establishment of the central purchasing program, the city of Saint Paul and the county of Ramsey shall establish a central office supply stock room. The permanent committee on standardization of purchases shall provide for inventory control procedures and the method and manner of distribution of supplies and materials from the central stock room. Each of the governmental units participating in the central buying program shall contribute the amount that is jointly agreed upon into a revolving fund established for the operation of the central stock room, and shall pay, from time to time, into the revolving fund the money required to cover overhead, in addition to the cost of materials and supplies obtained therefrom. The city of Saint Paul and its purchasing department shall administer and account for the revolving fund.

(f) Warehouse. The city of Saint Paul and the county of Ramsey shall provide adequate warehouse and storage space for each item that is practical to store and the buying of which, in quantities greater than current needs, will secure a distinct financial advantage to these governmental subdivisions.

(g) County purchasing. If the county elects to have its own purchasing officer as provided in the charter, this subdivision shall not apply to the county.

Subd. 2.Patented article.

(a) Ramsey County may buy articles or supplies that are sold at a uniform price, by reason of a patent, copyright, or exclusive franchise, without advertisement and competitive bids, where no advantage can be secured by advertisement and competitive bidding.

(b) Before making such a purchase, the county board shall adopt a finding to the effect that the particular purchase is made pursuant to this subdivision.

Subd. 3.Waiver of performance bonds.

Notwithstanding the charter of the city of Saint Paul or prior statutory enactments relating to buying by the city of Saint Paul and the county of Ramsey to the contrary, the council of the city of Saint Paul, the Ramsey County Board of Commissioners, and the governing body of any municipal subdivision governed by this section may waive the requirements for a performance bond on each purchase of materials and supplies. For bids requiring labor and material or labor alone, and bid in accordance with section 471.345, subdivision 4 or 5, performance bonds may be waived. For bids requiring labor and material or labor alone, and bid in accordance with section 471.345, subdivision 3, performance bonds or equivalent financial security shall be required.

383A.321 DEFINITIONS.

Subdivision 1.For this section.

For purposes of this section, the following terms have the meanings given them, unless the language or context clearly indicates that a different meaning is intended.

Subd. 2.Small business.

"Small business" means a business entity organized for profit, including an individual, partnership, corporation, joint venture, association or cooperative which has its principal place of business in Minnesota, and which

(a) is not dominant in its field of operation, and

(b) is not an affiliate or subsidiary of a business dominant in its field of operations.

If a federal or state program prohibits any geographical limitation on the principal place of business of an eligible business in order for the county to be eligible for funds, the federal or state requirement shall prevail.

Subd. 3.Dominant in its field of operation.

"Dominant in its field of operation" means exercising a controlling or major influence in a business activity in which a number of businesses are engaged. In determining whether a business is dominant, the following criteria, among others, shall be considered: number of employees; volume of business; financial resources; competitive status or position; ownership or control of materials, processes, patents, license agreements and facilities; sales territory; and nature of business activity. The following businesses shall be deemed dominant in their field of operation:

(a) manufacturing businesses which employ more than 100 persons and have in the preceding three fiscal years exceeded a total of $15,000,000 in gross receipts for the three-year period;

(b) general construction businesses which in the preceding three fiscal years have exceeded a total of $6,000,000 in gross receipts for the three-year period;

(c) specialty construction businesses which in the preceding three fiscal years have exceeded a total of $3,000,000 in gross receipts for the three-year period; and

(d) nonmanufacturing businesses which employ more than 25 persons and have in the preceding three fiscal years exceeded a total of $3,000,000 in gross receipts for the three-year period.

Subd. 4.Affiliate or subsidiary of dominant business.

"Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in that field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation.

History:

1982 c 626 s 1

383A.322 SMALL BUSINESS SET-ASIDE.

Nothing in section 471.345 shall be construed to prohibit Ramsey County from adopting a resolution, rule, regulation or ordinance which on an annual basis sets aside for awarding to small businesses a percentage of the value of the county's anticipated total procurement of goods and services, including construction, otherwise subject to that section, and which uses either a negotiated price or bid contract procedure to award a procurement contract under a set-aside program allowed in this section. Any award based on a negotiated price shall not exceed by more than five percent the county's estimated price for the goods and services if they were purchased in the open market and not under the set-aside program.

History:

1982 c 626 s 2

383A.323 PURCHASING THROUGH HEALTH CARE COOPERATIVE.

Sections 471.345 to 471.37 do not prohibit Ramsey County on behalf of the Ramsey Nursing Home as a member of a health care cooperative pursuant to chapter 62R from purchasing from or through the health care cooperative. The purchases through a health care cooperative are not subject to sections 471.345 to 471.37.

History:

1998 c 268 s 1

383A.33 ASSESSOR.

Subdivision 1.Appointment.

The Board of Ramsey County Commissioners shall select and appoint the county assessor under section 273.061, subdivision 1.

Subd. 2.Term.

The first county assessor so appointed starts the term of office on March 10, 1973, and shall hold office for a term of four years, and until a successor is appointed and qualifies. The next term begins on March 10, 1977, and ends on December 31, 1980. Each succeeding term is four years.

Subd. 3.Vacancy.

The Board of Ramsey County Commissioners may fill each vacancy in the office of county assessor occasioned by death, or otherwise and remove the assessor from office at any time, on proven charges of inefficiency, or neglect of duty by the commissioner of taxation, affirmed by the Board of Ramsey County Commissioners after hearing.

Subd. 4.Powers and duties.

The assessor, personally or with the aid of assistant assessors, shall assess all property subject to taxation under the general laws of this state, inside Ramsey County, including the city of Saint Paul, and has, inside Ramsey County, including the city of Saint Paul, all the powers, rights and privileges allowed, and all the duties of assessors required by the general laws of this state, relative to taxes or otherwise, whether for state, county, city, town or other taxes, assessable under the general laws of this state, and shall proceed in the manner prescribed by the general laws of this state, relative to assessments.

History:

1974 c 435 s 3.06; 1986 c 444

383A.34 [Repealed, 1996 c 310 s 1]

383A.35 COURT COMMISSIONER.

The Ramsey County court commissioner may take acknowledgments of deeds and other written instruments and has the powers conferred upon a court commissioner by section 253B.23.

Except as provided above, the Ramsey County court commissioner shall not have any of the powers provided in section 489.02.

383A.36 [Repealed, 2006 c 260 art 8 s 21]

383A.37 SHERIFF; FEES.

Subdivision 1.Schedule.

The fees charged and collected for the services listed by the sheriff of Ramsey County shall be set by the Ramsey County board and a schedule of those fees shall be filed with the sheriff's office.

Subd. 2.Additional fee; summons and complaint.

In Ramsey County, the sheriff shall charge an additional fee to be set by the county board for receiving, indexing and putting in line for service each summons and complaint left with the sheriff for service. This fee is in addition to other fees now provided by law, and is to be absorbed by the plaintiff in the action. It is not to be charged to or taxed as costs against the defendant in the action or any proceedings ancillary thereto.

History:

1974 c 435 s 3.10; 1976 c 13 s 1; 1986 c 444

383A.38 [Repealed, 1986 c 370 s 4]

383A.381 ABSTRACT CLERK.

In Ramsey County the office of abstract clerk shall not be elective but be filled by procedures adopted by the county Personnel Department and shall discharge the functions provided by the county. The last abstract clerk elected shall serve in a position created by the county to perform the functions of the office until the elected term expires or, upon the expiration of the term, until a successor is appointed and qualified and shall not before age 70 be disqualified from appointment because of age.

History:

1986 c 370 s 1

383A.39 COURTHOUSE AND CITY HALL.

Subdivision 1.Courthouse and city hall administration.

(1) The Saint Paul City Hall and Ramsey County Court House building is in charge of a joint committee of seven members appointed as follows:

(a) the mayor of the city of Saint Paul is ex officio a member of and the chair of the committee;

(b) three members of the committee are appointed annually by the president of the Saint Paul City Council from the members of the council, and three members are appointed annually by the chair of the board of county commissioners from the members of the board.

(2) The committee has entire charge of the building and may appoint the janitor, custodian and other employees that it considers necessary for the proper care and management of the building and at the compensation that the committee determines.

(3) The expense of keeping the building in repair and the necessary expense of heating and maintaining it shall be paid equally by the city and county; one-half thereof out of the treasury of the city, and one-half out of the treasury of the county.

Subd. 2.Saturday closing.

(1) Authority. Ramsey County and the city of Saint Paul may jointly, by resolution adopted by both the board of commissioners and the city council, close the building containing the principal offices of the city and the county, known as the city hall and court house, on Saturday.

(2) Effect of closing. An act authorized, required or permitted by law or contract to be performed at or in the city hall and court house on Saturday may be performed on the next succeeding regular business day and no liability or loss of rights on the part of any person shall result from the closing.

(3) Open, additional hours. The city hall and court house may be kept open for the transaction of business on the next business day following each Saturday until 9:00 p.m.

Subd. 3.Rooms for law library.

In Ramsey County, the court house and city hall committee may provide rooms in the court house and city hall for the use of a law library and the committee may install its library therein by purchase, leasing or securing it from an individual or association upon the terms and conditions that to it is for the interest of the people.

History:

1974 c 435 s 3.12

383A.40 WELFARE DEPARTMENT; LOCAL SOCIAL SERVICES AGENCY.

In the county of Ramsey, the board of county commissioners is the local social services agency.

383A.404 COMMUNITY CORRECTIONS DEPARTMENT.

Subdivision 1.Establishment.

There is established, in Ramsey County, a Community Corrections Department in connection with the courts of the Second Judicial District. The department is in the charge of a director who shall be appointed by and serve at the pleasure of a Corrections Management Committee comprised of three judges of the Second Judicial District appointed by the chief judge of the district and three members of the board of county commissioners appointed by the chair of the board. The director shall have full authority and responsibility for the administration, operation, and supervision of all functions and services of the department, and shall carry out that authority and responsibility within the organizational structure and reporting relationship that is in accord with county board and judicial district administrative policies. Salary of the director shall be set by the county board of commissioners upon recommendation of the Corrections Management Committee.

Subd. 2.Officers, employees.

The director may employ an assistant director, a superintendent, and assistant superintendent for each correctional facility in the county, and three principal assistants or division supervisors, all of whom shall serve at the pleasure of the director in the unclassified service. The director shall define the duties of these employees and may delegate powers, duties and responsibilities to them. Any officer or employee of the department shall exercise delegated powers under the control of and subject to conditions prescribed by the director. The salaries shall be set by the Ramsey County Board of Commissioners.

Subd. 3.Office room and records.

Ramsey County shall provide the director and department personnel with suitable furnished office rooms, record books, stationery, postage, expenses of investigation and visitation ordered by the court, and the other actual expenses as are required for the proper execution of their duties.

Subd. 4.Official attendance at court.

The director or a department person designated by the director shall be present in the juvenile court of the judge having chambers in the county at each regular session, and shall be present in the district court and any other court now or hereafter established in the county when so requested by a judge of that court.

Subd. 5.Duties of department.

The duties of the department are:

(1) To supervise persons placed on probation by any of the judges of any of the courts of Ramsey County, to keep accurate records of this supervision, and to make reports thereon.

(2) To make investigations with regard to a child or person as may be ordered by the court before, during, or after the trial or hearing of the child or person, and shall furnish to the court the information, recommendations, and assistance as may be required.

(3) To inquire into the nature of every juvenile delinquency or criminal matter in any court where authorized to appear and have supervision of the child or person during the continuance or suspension of sentence or order of commitment, and in general, perform the acts with reference thereto as the court may direct. In the execution of official duties, the department personnel shall have all the power of a peace officer.

(4) To perform the duties required of probation officers by law, including but not limited to, chapter 260, and acts amendatory thereof, and the Criminal Code of 1963, and acts amendatory thereof.

(5) To provide for psychiatric, psychological, and medical diagnosis or services for a person when directed or ordered by a court of the county, or when the services are part of the probation and investigation process.

(6) To make collections of support money in divorce and other actions when ordered by a judge of a court of the county and to make collections of money and property when ordered to be paid as restitution or reimbursement and to turn over the money or property to the person or persons entitled thereto as directed by the court.

(7) To make investigations both as to custody and other matters and provide counseling in domestic relation cases as required and to exercise supervision over children and other persons in the cases that the court directs.

(8) To perform other duties for the protection of children and parents as a court of the county directs.

(9) To provide services as marital counseling, taking of wage assignments, financial reports, marriage consent investigations, and other duties as a court of the county directs.

(10) To make all necessary inquiries and prepare petitions for withdrawals from minor trust funds when directed by the judge of the district court.

(11) To perform other acts in relation to the above listed duties and any other services as the courts of the district direct.

Subd. 6.Annual report.

The director shall report, annually, to the District Court of the Second Judicial District with reference to the conditions and disposition and other pertinent facts relative to the work of the department and shall furnish a copy of the report to the board of county commissioners, the commissioner of human services, and to the commissioner of corrections.

Subd. 7.Salaries payable out of Ramsey County treasury.

All annual salaries for the Community Corrections Department shall be payable out of the Ramsey County treasury.

383A.405 CORRECTIONS.

Subdivision 1.Director of community corrections.

The management and control of the operations of any correctional, juvenile detention, or home school facility within Ramsey County shall be the responsibility of the director of the Department of Community Corrections. All of the employees of these correctional facilities except the superintendent and the first assistant or chief deputy of the facility shall be in the classified service of the county civil service and subject to sections 383A.281 to 383A.301.

Subd. 2.Home school superintendent.

Notwithstanding section 260B.060, or other law, in Ramsey County, the superintendent or matron and the assistant superintendent or matron of any county home school shall be appointed and removed by the director of the county Community Corrections Department. The county board of commissioners shall set all salaries of employees at the school subject to sections 383A.281 to 383A.301.

Subd. 3.Detention home staff.

Notwithstanding section 260B.080 or 260C.080, or other law, in Ramsey County, staff for detention homes shall be appointed and removed by the director of the Community Corrections Department. Salaries for all employees shall be set by the county board of commissioners subject to sections 383A.281 to 383A.301.

383A.41 [Repealed, 1986 c 462 s 32]

383A.411 BONDS OR LEVY FOR WATER SYSTEM FOR COUNTY BUILDINGS.

Subdivision 1.

[Repealed, 1983 c 2 s 6]

Subd. 2.

[Repealed, 1983 c 2 s 6]

Subd. 3.

[Repealed, 1983 c 2 s 6]

Subd. 4.No election; not in net debt.

Ramsey County may issue and sell from time to time general obligation bonds of the county in an aggregate principal amount not to exceed $5,000,000 to finance the construction, installation, modification, or improvement of heating, cooling, and domestic hot water systems serving buildings owned in whole or part, operated, or maintained by the county or the Ramsey County Medical Center Commission. The county shall pledge its full faith and credit and taxing powers for the payment of the bonds. Except as provided in this section, the bonds shall be issued in accordance with chapter 475. The bonds may be issued and sold without submitting the question of the issuance of the bonds to a vote by the people. The bonds shall be in a form and bear interest at the rate that the county prescribes and shall be sold by the county to the bidder with the most favorable bid, after notice of the time and place for the receiving of the bids has been published according to law. The bonds shall not be included in computing the net debt of the county under any law, and the taxes required for payment of the bonds and interest on them shall not be subject to any limitation provided by other law.

Subd. 5.Or tax levy.

In substitution of, but not in addition to, powers granted to Ramsey County in subdivision 4, Ramsey County may levy and collect a tax on all taxable property in the county to finance the construction, installation, modification, or improvement of heating, cooling, and domestic hot water systems serving buildings owned in whole or part, operated, or maintained by the county or Ramsey County Medical Center Commission.

Subd. 6.Not until district heating project starts.

The bonds described in subdivision 4 may not be issued and the tax described in subdivision 5 may not be levied until construction is commenced on a district heating system in St. Paul which is designed for heating or cooling or domestic hot water service to one or more buildings owned in whole or part, operated, or maintained by the county or the Ramsey County Medical Center Commission.

383A.42 COUNTY SURVEYOR; APPROVAL OF PLAT.

Subdivision 1.Appointment.

The Ramsey County Board of County Commissioners shall appoint a county surveyor.

Subd. 2.Duties.

In addition to duties provided by general law, the county surveyor shall approve each tentative plat, subdivision plat and registered land survey before recording.

Subd. 3.Fees.

The board of county commissioners shall establish the fees, to be paid by the proprietor of a plat or survey, for the approval of the plat or survey by the county surveyor.

History:

1976 c 7 s 1; 1986 c 444

383A.421 SURVEYOR FEES.

The board of county commissioners, after a public hearing, may establish a system of fees to be charged for inspection services by the county surveyor. The fees collected shall be for the use of the county and placed in the county treasury.

History:

1990 c 470 s 2

383A.43 LEGISLATIVE RESEARCH COMMITTEE.

Subdivision 1.Research committee.

In Ramsey County, there is created a Legislative Research Committee. The committee consists of all the legislative members in the county.

Subd. 2.Powers, duties.

The committee may investigate and study, accumulate, compile, analyze and report on information concerning policies, plans, programs and procedures relating to or affecting the fiscal and legislative needs of the county and the governmental or political subdivisions therein, including school districts and any metropolitan or district authority having jurisdiction in an area of the county. The prime motive of the committee is to gather information and provide material to be used by the delegation in the legislature from the county in its work while the legislature is in session and in connection with legislative proposals affecting the county and local subdivisions.

Subd. 3.Cooperate with other agencies.

The committee may assign the research director and staff to the house of representatives and senate delegations from the county in the legislature during each regular legislative session to explain the work of the committee and develop additional data with reference thereto. Each department, board, commission, agency, officer and employee in the county government and those in local government in the county, including school districts and metropolitan or district authorities having jurisdiction over an area of the county shall furnish the information and render the assistance to the committee that it, from time to time, requests.

Subd. 4.Meetings.

The committee or a subcommittee that it appoints may sit at the time and place as it considers advisable but the committee shall meet at least once in each quarter and shall meet at any time upon the call of the chair. At a meeting of the committee eight members constitute a quorum and a majority of the quorum may act in a matter falling within the jurisdiction of the committee.

Subd. 5.Organization.

The committee shall select a chair and a vice-chair from its own members and may prescribe its own rules of procedure. It may appoint a secretary who need not be a member. The committee may employ the other persons and obtain the assistance of research agencies that it considers necessary.

Subd. 6.Minutes; reports.

The committee shall keep minutes of its meetings which are open to the public. At least 30 days before each biennial legislative session, the committee shall make a written report summarizing its activities, investigations, surveys and findings of facts to the public.

Subd. 7.Proposed legislation.

The committee may require that suggested legislation to be presented by a department, board, commission, agency, officer, official or employee of the county and its local subdivisions, desiring the consideration of the committee, be presented to it at least 60 days before a regular session.

Subd. 8.Expenses, compensation.

The members of the committee and the members of a committee appointed as a subcommittee are entitled to be compensated for their expenses necessarily incurred in attending meetings and in the performance of their official duties and shall be paid mileage at the rate of ten cents for each mile necessarily traveled in attending meetings and in the performance of these duties.

Subd. 9.Appropriations.

The county shall appropriate $5,000 each year from the county general revenue fund for the use of the committee. For the payment of the expenses of the committee, it shall draw its warrants upon the county treasurer. These warrants shall be signed by the chair and one other member of the committee and approved by the county auditor. The county treasurer shall pay them as and when presented but not exceeding in the aggregate the amount herein provided in any one year.

383A.44 [Repealed, 1996 c 310 s 1]
383A.45 [Repealed, 1991 c 51 s 6]
383A.46 [Repealed, 1991 c 51 s 6]

383A.47 REDUCTION OF APPROPRIATIONS.

If the maximum rate of taxation for the various purposes mentioned in the budget, for which the county may levy taxes, together with the estimated amount of the revenues of the county for the ensuing year, exclusive of those derived from taxation does not equal the total amount mentioned in the budget, or amendment thereof, the county shall reduce, proportionately, the several funds mentioned in the budget, except that the items for bonds, interest on bonds, salaries, and other items, the charges for which are fixed by law, shall remain at the full amount that the law requires.

History:

1974 c 435 s 4.03

383A.48 [Repealed, 1991 c 51 s 6]
383A.49 [Repealed, 1991 c 51 s 6]

383A.50 ADMINISTRATION OF BUDGET.

Subdivision 1.

[Repealed, 1991 c 51 s 6]

Subd. 2.Warrant-check.

(a) On each warrant that Ramsey County draws on the county treasury, the county shall state the purpose for which it is issued. The warrant may be so designed that it becomes a check on the county depository and may be known as a "warrant-check."

(b) The warrant-check need not show the fund from which drawn.

Subd. 3.

[Repealed, 1991 c 51 s 6]

Subd. 4.Illegal expenditure; gross misdemeanor.

A county commissioner who knowingly authorizes or makes a payment or incurs an obligation in violation of the provisions of this section is guilty of a gross misdemeanor.

Subd. 5.Lapse of appropriations.

(a) Each appropriation, except an appropriation for a capital expenditure, lapses at the close of the fiscal year to the extent that it has not been expended or encumbered.

(b) An appropriation for a capital expenditure continues in force until the purpose for which it was made has been accomplished or abandoned; the purpose of appropriation of this kind is abandoned if three years pass without a disbursement from or encumbrance of the appropriation.

Subd. 6.Joint city-county liabilities.

The city of Saint Paul and the county of Ramsey may agree to provide for a mutually satisfactory method of paying for services, materials or supplies for which they are jointly charged under law. Either the city or the county may pay for these services made from a joint fund established under the exclusive control of either the city or the county. If the agreement provides that one subdivision of government shall pay a joint obligation in full, it may provide that the other subdivision shall discharge its part of the joint obligation by paying its share of the obligation to the subdivision first paying the obligation in full.

383A.551 RAMSEY COUNTY; CHARTER COMMISSION.

Subdivision 1.Ramsey County legislative delegation.

For purposes of sections 383A.551 to 383A.556, the Ramsey County legislative delegation means all elected members of the state house of representatives and state senate whose legislative district includes a portion of Ramsey County.

Subd. 2.Chair of delegation.

The chair of the Ramsey County state house of representatives delegation and the chair of the Ramsey County state senate delegation shall act as cochairs of the Ramsey County legislative delegation.

History:

1987 c 103 s 1

383A.552 CHARTER COMMISSION; NOMINATIONS AND APPOINTMENTS.

Within 30 days of the effective date of Laws 1987, chapter 103, the Ramsey County legislative delegation shall nominate 41 persons as candidates for appointment to a Charter Commission to frame a charter to provide for the form of government for Ramsey county. Five persons who reside in the district shall be nominated for each of the county commissioner districts in the county. Six persons who reside in the county shall also be nominated without regard to county commissioner districts. Within 30 days of the selection of nominees the judges of the Second Judicial District shall appoint the Charter Commission of 17 members consisting of two appointees for each county commissioner district selected from those nominated from each county commissioner district and three appointees from those nominated at large to serve at large. The commission members must be qualified voters in Ramsey County. No person shall be disqualified from serving on the Charter Commission because of holding an elective or appointive office.

History:

1987 c 103 s 2

383A.553 CHARTER COMMISSION; TERMS; CHAIR; EXPENSES AND ADMINISTRATION.

Subdivision 1.Terms.

Members of the charter commission shall hold office until December 31, 1990. Vacancies shall be filled by the appointing authority. Appointments shall be made by filing with the board of county commissioners. An appointee shall file acceptance of the appointment with the board of county commissioners within ten days or be considered to have declined the appointment. If a charter is adopted at the November 1990 election, the members shall continue to serve until a new commission is appointed or until the effective date of the charter in 1992, whichever occurs first.

Subd. 2.Chair; rules.

The charter commission shall meet within 30 days after the initial appointment, elect a chair from their number, and establish rules, including quorum requirements for its operation and procedures.

Subd. 3.Expenses and administration.

The members of the charter commission shall receive no compensation except reimbursement for expenses they actually incur in the course of their duties. The board of county commissioners may make an appropriation to the charter commission to be used to employ research and clerical assistance, for supplies, and to meet expenses considered necessary by the charter commission. Employees of the charter commission shall be in the unclassified service of the county. The charter commission shall have the right to request and receive assistance from any county official. If requested, the personnel director shall assist the charter commission to test and hire employees. The county attorney shall provide legal services as may be requested.

383A.554 POWERS AND DUTIES.

Before December 31, 1989, the Charter Commission shall deliver to the board of county commissioners either (1) its report determining that the present form of county government is adequate for the county and that a charter is not necessary or desirable, or (2) a draft of a proposed charter. The report must be signed by a majority of the members of the charter commission. The proposed charter may provide for any form of government consistent with the Constitution of the state of Minnesota. It may provide for the establishment and administration of all departments of a county government and for the regulation of all local county functions. It may abolish or consolidate any department or agency. The charter commission is required to hold at least one public hearing in each of the county commissioner districts.

It shall provide for present functions to be assumed by new elective or appointive officers as shall be provided for in the charter and may provide for other powers consistent with other law. It shall provide methods of procedure in respect to the operation of the government created and the duties of all officers. It shall provide for a home rule charter commission consistent with article XII, section 5, of the Constitution of the state of Minnesota and may provide for alternative methods for amending or abandoning the charter consistent with the Constitution. The county may be authorized to acquire by gift, devise, purchase, or condemnation or sell or lease any property needed for the full discharge of its duties and powers. All special and general laws authorizing the county to incur indebtedness or issue bonds shall be subject to the charter, provided that the charter provisions are not in conflict with general laws relating to public indebtedness. The county shall continue to have all the powers granted by law.

Personnel matters relating to Ramsey County employees shall continue to be governed by sections 383A.281 to 383A.301 and sections 197.455 to 197.48. A charter proposed for adoption under sections 383A.551 to 383A.556 shall not apply to personnel matters.

383A.555 ELECTION; BALLOT.

Subdivision 1.Procedure; notice.

Upon delivery of the proposed charter to the board of county commissioners, the board shall submit it to the voters at the general election in 1990. The election shall be conducted as nearly as possible in accordance with chapter 372, provided that the polls shall remain open until 8:00 p.m. The notice of election must contain the complete charter and must be published once a week for two successive weeks in a qualified newspaper of general circulation within the county.

Subd. 2.Ballot form.

The ballot must be in the following form:

"Shall the proposed new county charter be adopted?

Yes
No "

The voter shall place an "X" after one of the last two words to express the voter's choice.

History:

1987 c 103 s 5

383A.556 EFFECTIVE DATE.

If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall be considered adopted. The charter shall take effect two years after the election. At that time the courts shall take judicial notice of the new charter and upon the election or appointment of officers under the charter the former officials of Ramsey County shall deliver to them all records, money, and other public property under their control.

383A.601 LEGISLATIVE FINDINGS.

The legislature finds that the lands and waters of Ramsey county are great natural resources; that as a result of erosion of lands and sediment deposition in waters of the region, waters are being polluted and despoiled to a degree that fish, aquatic life, recreation, and other uses of lands and waters are being adversely affected; that the rapid shift in land use from agricultural to nonagricultural uses has accelerated the processes of soil erosion and sedimentation. Implementation of the Metropolitan Surface Water Planning Act in Ramsey County requires a coordinated effort in that county, and the state of Minnesota may benefit from a pilot program within that county. The legislature further finds it is necessary to establish and implement through the soil and water conservation district in cooperation with water management organizations, cities, towns, and other public and private entities in that county, a countywide coordinated erosion and sediment control pilot program to conserve and to protect the land, water, and other natural resources of Ramsey County.

History:

1988 c 497 s 1

383A.602 DEFINITIONS.

Subdivision 1.Applicability.

The definitions in this section apply to sections 383A.601 to 383A.604.

Subd. 2.Conservation specifications.

"Conservation specifications" means management procedures, techniques, and methods to control soil erosion and sedimentation.

Subd. 3.District.

"District" means the soil and water conservation district operating under chapter 103C.

Subd. 4.Land disturbance activity.

"Land disturbance activity" means land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands of Ramsey County, including clearing, grading, excavating, transporting, and filling of land. Land disturbance activity does not mean:

(1) minor land disturbance activities such as home gardens and individual home landscaping, repairs, and maintenance work;

(2) construction, installation, maintenance of electric and telephone utility lines or individual service connection to the utility lines;

(3) septic tank lines or drainage fields unless included in an overall plan for a land disturbance activity relating to construction of a building to be served by the septic tank system;

(4) tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops;

(5) preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision development;

(6) disturbance of land areas of less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the statutory or home rule charter city, town, or organization may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception applies;

(7) installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; and

(8) emergency work to protect life, limb, or property and emergency repairs.

Subd. 5.Organization.

"Organization" means a watershed management organization as defined in section 103B.205 that has more than 25 percent of its area within Ramsey County.

383A.603 DISTRICT EROSION AND SEDIMENT CONTROL PROGRAM.

Subdivision 1.Establishment.

The district shall develop a pilot program that contains a model ordinance and conservation specifications for the effective control of soil erosion and sediment deposition. To assist in the development of the pilot program, the district shall seek the advice of appropriate state and federal agencies, local units of government, and representatives of interests such as residential development and nonresidential development.

Subd. 2.Program contents.

The district pilot program shall contain:

(1) relevant physical and developmental information concerning the region, including data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;

(2) a model ordinance;

(3) principles for protecting existing vegetation, adequate revegetation schedules, and runoff control measures; and

(4) conservation specifications and alternative methods for the control of erosion and sediment resulting from land disturbance activities.

Subd. 3.Program adoption; implementation.

The district shall adopt and implement the program by January 1, 1989. The district may revise its pilot program as necessary. The district shall give due notice and conduct at least one public hearing on the proposed pilot program before adoption or revision.

Subd. 4.Inspection of program.

The program shall be made available for public inspection at the office of the district.

History:

1988 c 497 s 3

383A.604 ORGANIZATION SOIL EROSION AND SEDIMENT CONTROL PROGRAMS.

Subdivision 1.Adoption.

Each organization must, within one year after the adoption of the district program under section 383A.603, develop and adopt an organization soil erosion and sediment control program as part of its watershed plan under section 103B.231. The organization program must be consistent with the district program and must be submitted to the district for approval or disapproval. Upon written request of an organization, the district shall assist in the preparation of the organization program. The organization may choose to implement the program throughout its area of jurisdiction or only within the territory of the district.

Subd. 2.Failure to adopt an organization program.

After adoption of the district program under section 383A.603, the board of water and soil resources may not approve a watershed plan until the organization has included an organization program in accordance with this section. A watershed plan approved by the board before the adoption of the district program must be amended and submitted to the board of water and soil resources for approval within one year after the adoption of the district program. If the amendment is not submitted, plan approval must be withdrawn until the amendment is submitted.

Subd. 3.Hearing requirement.

Organizations that choose to adopt conservation specifications or an ordinance that are more stringent than the district program must conduct a public hearing after due notice.

383A.605 COMPLIANCE.

Plans, rules, and ordinances adopted under sections 383A.601 to 383A.604 must be consistent with any applicable rules promulgated by the Board of Water and Soil Resources.

History:

1988 c 497 s 5

383A.62 ELECTIONS DEPARTMENT MERGER.

The city of St. Paul and Ramsey County may, by agreement subject to this section, provide for the merger of the city elections office with the county election office. The consolidation shall be set to begin at the beginning of a fiscal year. In the preceding fiscal year and each year thereafter the county shall provide a budget and levy a property tax for the merged office that will defray the costs of the services provided throughout the county by the merged office. The county shall succeed to the obligations of the city under any collective bargaining agreements in existence at the time of the merger. Nothing in this section or in an agreement for merger under this section shall diminish any rights defined in collective bargaining agreements. The merger must not occur until bargaining units representing affected employees have completed negotiations on postmerger terms and conditions of employment. The county shall succeed to the other obligations and to the real and personal property of the merged city offices.

383A.65 [Repealed, 1990 c 604 art 3 s 65]

383A.75 JOINT PROPERTY TAX ADVISORY COMMITTEE.

Subdivision 1.Creation.

There is created the joint property tax advisory committee.

Subd. 2.Membership.

The membership of the committee consists of the mayor and up to three members of the city council of the city of St. Paul; the county manager and up to three members of the county board of Ramsey County; and the superintendent and up to three members of the Board of Education of Independent School District No. 625. The chair of the Ramsey County league of local governments shall be a nonvoting ex officio member. The committee shall be convened by the mayor of St. Paul, and at the first meeting, the chair for the first year must be determined by lot, and thereafter, the chair must annually rotate among the mayor or designee, the superintendent or designee, and the county manager or designee.

Subd. 3.Duties.

The committee is authorized to and shall meet from time to time to make appropriate recommendations for the efficient and effective use of property tax dollars raised by the jurisdictions for programs, buildings, and operations. In addition, the committee shall:

(1) identify trends and factors likely to be driving budget outcomes over the next five years with recommendations for how the jurisdictions should manage those trends and factors to increase efficiency and effectiveness;

(2) agree, by October 1 of each year, on the appropriate level of overall property tax levy for the three jurisdictions and publicly report such to the governing bodies of each jurisdiction for ratification or modification by resolution; and

(3) identify, by December 31 of each year, areas of the budget to be targeted in the coming year for joint review to improve services or achieve efficiencies.

In carrying out its duties, the committee shall consult with public employees of each jurisdiction and with other stakeholders of the city, county, and school district, as appropriate.

Subd. 4.Staff; funding.

The committee must be staffed by employees as designated by each jurisdiction. The committee may also seek public or private funding from any source to assist its work and may utilize volunteer help as appropriate.

Subd. 5.Recognition of innovative efforts by local employees.

The committee may use public or private funding to recognize or reward efforts by local government employees to restructure service delivery to improve efficiency or achieve cost savings.

383A.76 TAX-FORFEITED LANDS.

Subdivision 1.Sale; valuation.

The Ramsey County board may sell tax-forfeited lands in the county to an organized or incorporated governmental subdivision of the state for any public purpose for which the subdivision is authorized to acquire property. In the case of tax-forfeited land in the county which a governmental subdivision has requested for housing purposes, the county board may sell that property to the requesting subdivision for the specified housing use at a value, which may be less than its appraised value, as determined by the county board. Factors that may be considered by the county board in determining value for lands to be held for a permitted public purpose or redeveloped under chapter 469 include the projected gap financing and public subsidy needed for a redevelopment project, expected increases in property taxes, before and after redevelopment appraised values, the potential use of the property for affordable housing, environmental contamination and pollution, site preparation and infrastructure costs, and any other relevant factors. The commissioner of revenue shall convey by deed in the name of the state a tract of tax-forfeited land held in trust in favor of the taxing districts to a governmental subdivision for an authorized public use, if an application is submitted to the commissioner. The application must include a statement of facts as to the use to be made of the tract, the need for it, and the recommendation of the county board. Property conveyed under this section for a value that is less than its appraised value cannot be included in a tax increment financing district. To the extent the provisions of chapter 282 are not inconsistent with this section, the provisions of chapter 282 apply to the sale of tax forfeited land in Ramsey County.

Subd. 2.Use of land.

For lands located within Ramsey County, the deed of conveyance of tax-forfeited land to an organized or incorporated governmental subdivision of the state for an authorized use must be on a form approved by the attorney general and must be conditioned on continued use for the purpose stated in the application. If the governing body of the governmental subdivision determines by resolution after public hearing that some other public use should be made of the lands, the changed use may be made upon filing with the county recorder or registrar of titles a certified copy of the resolution and without conveying the lands back to the state and securing a new conveyance for the new public use. Permitted public uses under this section include street, storm water ponding, drainage, parks, watershed, wetlands, library, fire and police stations, utility easements, and public facilities.

Subd. 3.Reverter of land.

When a subdivision to which tax-forfeited land has been conveyed for a housing purpose at a value of less than the appraised value, fails to pass a resolution designating a developer or approving a redevelopment contract within three years of the date of conveyance, the Ramsey County board may by resolution declare the land to have reverted to the state, and shall serve a notice of reversion, with a copy of the declaration, by certified mail to the subdivision and shall reimburse the subdivision for the consideration for the lands from the tax-forfeited sale fund. The Ramsey County board shall file for record with the Ramsey county recorder or registrar of titles a certified copy of the declaration of reversion and proof of service. A certificate made by a subdivision referring to a conveyance made to it and stating that it has passed a resolution designating a developer or approving a redevelopment contract for a housing redevelopment project may be filed with the Ramsey County recorder or registrar of titles, and the right of reverter in favor of the state under this section will then terminate.

Subd. 4.Report by subdivision.

Each subdivision to which tax-forfeited lands have been conveyed under this section for a value of less than its appraised value must file a report with the commissioner of revenue by September 1, 2004, and by September 1 of each third year thereafter. The report shall contain a description of the lands conveyed to it, a status of the development efforts for the lands, the intended or actual uses being made of the lands, and the amount of property taxes being paid on the lands. The commissioner shall retain each report for a minimum of ten years. Failure of a subdivision to file a report shall be cause for the commissioner to declare a reversion of the parcel under section 282.01, subdivision 1e.

383A.80 RAMSEY COUNTY DEED AND MORTGAGE TAX.

Subdivision 1.Authority to impose; rate.

(a) The governing body of Ramsey County may impose a mortgage registry and deed tax.

(b) The rate of the mortgage registry tax equals .0001 of the principal.

(c) The rate of the deed tax equals .0001 of the amount.

Subd. 2.General law provisions apply.

The taxes under this section apply to the same base and must be imposed, collected, administered, and enforced in the same manner as provided under chapter 287 for the state mortgage registry and deed taxes. All the provisions of chapter 287 apply to these taxes, except the rate is as specified in subdivision 1, the term "Ramsey County" must be substituted for "the state," and the revenue must be deposited as provided in subdivision 3.

Subd. 3.Deposit of revenues.

All revenues from the tax are for the use of the Ramsey County Board of Commissioners and must be deposited in the county's environmental response fund under section 383A.81.

Subd. 4.Expiration.

The authority to impose the tax under this section expires January 1, 2013.

383A.81 ENVIRONMENTAL RESPONSE FUND.

Subdivision 1.Creation.

An environmental response fund is created for the purposes specified in this section. The taxes imposed by section 383A.80 must be deposited in the fund. The board of county commissioners shall administer the fund either as a county board or a housing and redevelopment authority.

Subd. 2.Uses of fund.

(a) The fund created in subdivision 1 must be used for the following purposes:

(1) acquisition through purchase or condemnation of lands or property which are polluted or contaminated with hazardous substances;

(2) paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property;

(3) paying for the costs of remediating the acquired land or property; or

(4) paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances.

(b) No more than three percent of the fund may be used each year for the costs of administration.

Subd. 3.Matching funds.

In expending funds under this section, the county shall seek matching funds from contamination cleanup funds administered by the commissioner of the Department of Employment and Economic Development, the Metropolitan Council, the federal government, the private sector, and any other source.

Subd. 4.Bonds.

The county may pledge the proceeds from the taxes imposed by section 383A.80 to bonds issued under this chapter and chapters 398A, 462, 469, and 475.

Subd. 5.Priorities.

The first priority for the use of the environmental response fund created in this section is to clean up the site located in the city of St. Paul known as the Dale Street Shops and Maxson Steel site or other sites at or near rail lines that are blighted and the clean up of which will lead to living wage jobs, and to improve the land for economic development.

Subd. 6.Land sales.

Land or property acquired under this section may be resold at fair market value. Proceeds from the sale of the land must be deposited in the environmental response fund.

Subd. 7.DOT assistance.

The commissioner of transportation shall collaborate with the county and any affected municipality by providing technical assistance and support in cleaning up a contaminated site related to a trunk highway or railroad improvement.

383A.90 DEFINITIONS.

Subdivision 1.Scope.

In this section and section 383A.91, the definitions in this section apply.

Subd. 2.Public corporation.

The "public corporation" means Ramsey Health Care, Inc., established by Minnesota Statutes 1986, section 246A.02.

Subd. 3.Nonprofit corporation.

The "nonprofit corporation" means the entity formed in accordance with section 383A.91, subdivision 1.

383A.91 INCORPORATION AS NONPROFIT CORPORATION.

Subdivision 1.Incorporation.

The board of directors of the public corporation may incorporate as a nonprofit corporation under chapter 317A. Upon so incorporating, the nonprofit corporation that results ceases to be a public corporation.

Subd. 2.Employees.

(a) Employees of either the nonprofit corporation or its subsidiary corporations are not public employees, except as provided under paragraph (b).

(b) A person who is an employee of the public corporation or one of its subsidiary corporations, and is a member of the Public Employees Retirement Association at the time of the incorporation described in subdivision 1, shall continue to be included in the definition of public employee under the Public Employees Retirement Act, chapter 353, but may terminate membership in the Public Employees Retirement Association before July 1, 1995.

(c) For an employee who remains a member of the Public Employees Retirement Association, the employing corporation shall pay the employer contributions required by section 353.27, and shall deduct from the employee's salary and transmit to the association, the employee contribution required by section 353.27.

(d) The total compensation package, including wage plus benefit rates, of all employees that are members of a construction or building trade for which there is a generally established and recognized scale of wages inside the county, must equal the total compensation package of private sector construction trade employees within the county as established by collective bargaining agreements.

Subd. 3.Tort liability.

Notwithstanding other law to the contrary, the public corporation and its hospital subsidiary corporation each are a "municipality" for purposes of tort liability under chapter 466, with regard to any claim occurring before the date of incorporation pursuant to subdivision 1.

Subd. 4.Lease or sale of property.

(a) Any lease entered into under section 246A.11, before its repeal by Laws 1994, chapter 549, remains in effect according to its terms.

(b) Before July 1, 1994, any lease entered into under section 246A.11, must be amended to provide that:

(1) at least one seat on the board of directors of St. Paul-Ramsey Medical Center or its successor or assignee must be reserved for a member of the board of Ramsey County commissioners to be appointed by the county board;

(2) any name change to the St. Paul-Ramsey Medical Center facility must not be implemented without providing the Ramsey county board 60 days to comment and consult with St. Paul-Ramsey Medical Center or its successor or assignee;

(3) except as provided in subdivision 5, St. Paul-Ramsey Medical Center or its successor or assignee shall continue major or unique services currently provided, including but not limited to the trauma center, burn unit, and teaching and research services for a five-year period, and thereafter shall use its best efforts to continue those services and shall consult with the Ramsey County Board of Commissioners before discontinuing those services;

(4) in the event of health care reform that reduces or eliminates the need for St. Paul-Ramsey Medical Center or its successor or assignee to provide indigent care, the county shall receive replacement consideration for that indigent care service, which may be paid in the form of rent or capital improvements to county-owned property;

(5) St. Paul-Ramsey Medical Center or its successor or assignee shall provide Ramsey County with a copy of its annual financial statement and management letter, and an annual report on the value of improvements made on county-owned property; and

(6) the lease may not be assigned to a for-profit corporation or a subsidiary of a for-profit corporation without the consent of the Ramsey County Board of Commissioners.

(c) The St. Paul-Ramsey Medical Center property owned by Ramsey County may be sold or transferred only after a duly noticed public hearing held before the Ramsey County board, and approval of the county board, but in no event shall the county-owned property be sold or transferred without adequate compensation to the county.

Subd. 5.Care of indigent.

(a) St. Paul-Ramsey Medical Center or its successor or assignee must provide hospital and medical services for the indigent of Ramsey county. The services must equal those made available to nonindigent patients.

(b) Notwithstanding any law to the contrary, Ramsey County may provide funds to buy hospital and medical services for the indigent of Ramsey County from a provider selected by the county with or without public bid.

(c) Notwithstanding any law to the contrary, any county may provide funds to buy hospital and medical services for the indigent of that county from a provider selected by the county with or without public bid.

History:

1994 c 549 s 2

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569