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Table of Sections

2013 Minnesota Statutes

Chapter 383C. St. Louis County

Chapter Sections
Section Headnote

BUDGET PROCEDURE
383C.01Repealed, 1989 c 240 s 10
383C.011Repealed, 1989 c 240 s 10
383C.012Repealed, 1989 c 240 s 10
383C.013Repealed, 1989 c 240 s 10
383C.014Repealed, 1989 c 240 s 10
383C.015Repealed, 1989 c 240 s 10
383C.016Repealed, 1989 c 240 s 10
383C.017Repealed, 1989 c 240 s 10
383C.018Repealed, 1989 c 240 s 10
383C.019Repealed, 1989 c 240 s 10
383C.021Budget and Financial Administration
383C.022Capital Program
383C.023Reduction of Appropriations
383C.024Appropriations and Tax Levy
383C.025Amendments
383C.026Lapse of Appropriations
383C.027Administration of Budget

CIVIL SERVICE
383C.03St. Louis County Civil Service Commission
383C.031Commissioners; Appointment; Qualifications
383C.032Appointment of Civil Service Director
383C.033Meetings; Records; Rules and Regulations
383C.034Duties of Director
383C.035Unclassified Civil Service
383C.036Classifications; Examinations
383C.037Classification Plan
383C.038Allocation of Positions
383C.039Additional Classes
383C.04Layoffs
383C.041Civil Service Director; Tests
383C.042Powers of Director
383C.043Vacancies
383C.044Transfer of Employees
383C.045Layoff of Employees
383C.046Certification of Payrolls
383C.047Civil Actions
383C.048Commission May Subpoena Witnesses
383C.049Prohibiting Obstructing Persons from Taking Tests
383C.05Political Activity
383C.051Discipline Listed in this Section Requires Cause
383C.052Annual Report
383C.053Office in County Seat
383C.054Repealed, 1996 c 310 s 1
383C.055Penalty
383C.056Inconsistent Acts Repealed
383C.057Repealed, 1996 c 310 s 1
383C.058Repealed, 1996 c 310 s 1
383C.059Transfer of Employees

BOARDS, COMMISSIONS, AND COMMITTEES
383C.07Members of Boards and Commissions; Terms of Office
383C.071Board of Adjustment; Alternates
383C.072Land Investment Board
383C.073Repealed, 2000 c 454 s 3
383C.074Extension Committee
383C.075Repealed, 1988 c 491 s 26
383C.076Repealed, 1988 c 491 s 26
383C.081Housing and Redevelopment Authority

COUNTY BOARD
383C.09Members Serving on Commissions and Other Boards
383C.091Chair's Contingent Fund
383C.092Borrowing from Federal Agencies
383C.093County Printing
383C.094Repair of Ditches
383C.095Repealed, 1988 c 491 s 26

COUNTY AGENCIES AND OFFICERS
383C.13Repealed, 1988 c 491 s 26
383C.131Assistant County Attorneys and Clerks
383C.132Repealed, 1988 c 491 s 26
383C.133Repealed, 1988 c 491 s 26
383C.134Elected Officials; Compensation
383C.135Surety Bonds
383C.136Organization of Offices

FAIRS
383C.16County Fair; Maintaining
383C.161Community Fair Associations; Appropriation
383C.162Appropriation for County Fairgrounds
383C.163Reimbursement of County Agricultural Society
383C.164Fairgrounds; Exempt from Taxation

COURTS
383C.17Courthouse Building Commission
383C.171Repealed, 1988 c 491 s 26
383C.172Courthouse Closing
383C.173Conciliation Court; Personal Receiverships
383C.174Repealed, 1988 c 491 s 26
383C.175Repealed, 1988 c 491 s 26

EMPLOYMENT
383C.19Emergency Jobs Program

AMBULANCE SERVICE
383C.20Repealed, 1988 c 491 s 26
383C.201Ambulance Service
383C.202Repealed, 1988 c 491 s 26
383C.203Repealed, 1988 c 491 s 26

HIGHWAYS AND ROADS
383C.23Highway Load Limits
383C.231Local, Itasca County
383C.232State and Other Road Numbers
383C.233Road Equipment; Rentals
383C.234Removal of Snow
383C.235Road and Bridge Money from Unorganized Townships

LAKES AND RIVERS
383C.26Improvement of Recreational Facilities
383C.261Water Improvements

LIQUOR
383C.28Off-Sale Licenses in Certain Places
383C.29Angora Township; Off-Sale License
383C.291Repealed, 1988 c 491 s 26
383C.292Repealed, 1988 c 491 s 26
383C.293Seasonal on-Sale Liquor Licenses
383C.33Repealed, 2001 c 150 s 1
383C.331Repealed, 2001 c 150 s 1
383C.332Repealed, 2001 c 150 s 1
383C.333Repealed, 2001 c 150 s 1
383C.334Repealed, 2001 c 150 s 1
383C.335Repealed, 2001 c 150 s 1
383C.336Repealed, 2001 c 150 s 1
383C.337Repealed, 2001 c 150 s 1
383C.338Repealed, 2001 c 150 s 1
383C.339Repealed, 1988 c 491 s 26
383C.34Repealed, 2001 c 150 s 1

DULUTH ROADS AND BRIDGES
383C.36County Board May Expend County Funds in Duluth
383C.361Repealed, 1988 c 491 s 26
383C.362Repealed, 1988 c 491 s 26
383C.363Repealed, 1988 c 491 s 26

SCHOOLS
383C.39Education; School Districts; Unorganized Territories
383C.391Repealed, 1986 c 466 s 3
383C.392Grants for Hot Lunches in Certain Rural Schools

SHERIFF AND LAW ENFORCEMENT
383C.42Juvenile Detention Centers; Tax Levy
383C.421Special Investigator
383C.422Bonds
383C.423Repealed, 1988 c 491 s 26
383C.424Repealed, 1988 c 491 s 26
383C.425Volunteer Rescue Squad

SURVEYS
383C.45Repealed, 1988 c 491 s 26
383C.451Resurveys
383C.452Petition for Resurvey
383C.453Hearing on Petition
383C.454Survey May Be Ordered
383C.455Surveyor to Keep Field Notes
383C.456Plat and Field Notes to Be Filed
383C.457Expense of Survey
383C.458Notice of Assessment for Expense
383C.459Expense to Be Assessed Against Land
383C.46Expense to Be Paid from County Revenue Fund
383C.461Appeal to District Court
383C.462Not to Affect Agreed Lines or Roads
383C.463County Board May Contract

TAXES
383C.48Exemption from Property Tax for Leased Property
383C.481Repealed, 1988 c 491 s 26
383C.482Tax Search Certificates
383C.52Repealed, 1988 c 491 s 26
383C.521Repealed, 1988 c 491 s 26
383C.522Tax-Forfeited Lands; Easement
383C.523Repealed, 1988 c 491 s 26
383C.55Repealed, 1988 c 491 s 26
383C.551Repealed, 1988 c 491 s 26
383C.552Repealed, 1988 c 491 s 26
383C.553Repealed, 1988 c 491 s 26
383C.554Repealed, 1988 c 491 s 26
383C.555May Levy to Maintain, Support County Extension Work
383C.556Repealed, 1988 c 491 s 26
383C.557Repealed, 1988 c 491 s 26

TRAVEL EXPENSES
383C.58Travel Expense of Commissioners
383C.581Automobile Expense of Commissioners
383C.582Commissioners; Travel Expense; Allocation
383C.61Repealed, 1988 c 491 s 26
383C.611Repealed, 1988 c 491 s 26
383C.612Repealed, 1988 c 491 s 26
383C.613Repealed, 1988 c 491 s 26
383C.64Repealed, 1988 c 491 s 26
383C.641Repealed, 1988 c 491 s 26
383C.642Repealed, 1988 c 491 s 26
383C.643Repealed, 1988 c 491 s 26
383C.644Repealed, 1988 c 491 s 26
383C.645Repealed, 1988 c 491 s 26
383C.646Repealed, 1988 c 491 s 26
383C.647Repealed, 1988 c 491 s 26
383C.648Repealed, 1988 c 491 s 26
383C.649Repealed, 1988 c 491 s 26
383C.65Repealed, 1988 c 491 s 26
383C.651Repealed, 1988 c 491 s 26
383C.66Repealed, 1988 c 491 s 26
383C.67Repealed, 1988 c 491 s 26
383C.671Repealed, 1988 c 491 s 26
383C.672Repealed, 1988 c 491 s 26
383C.673Repealed, 1988 c 491 s 26
383C.674Repealed, 1988 c 491 s 26
383C.675Repealed, 1988 c 491 s 26
383C.676Repealed, 1988 c 491 s 26
383C.677Repealed, 1988 c 491 s 26

MISCELLANEOUS
383C.70Promotional Bureau; Tort Liability
383C.71Warrants and Accounts
383C.72Donation of State Lands; Governor's Duties
383C.721Trust Fund Land; Condemnation
383C.722Add Section 383C.72 Land Value to Section 282.08 Split
383C.725Recorder's Fees
383C.73County Historical Societies
383C.74Historical Work
383C.75Automobile Garage and Repair Shop
383C.76Repealed, 1988 c 491 s 26
383C.77Repealed, 1988 c 491 s 26
383C.78Repealed, 1993 c 375 art 5 s 43
383C.79Temporary Toilets for Smelters; Dnr May Reimburse
383C.797St. Louis County; 7Th County Commissioner District
383C.80Repealed, 1988 c 491 s 26
383C.801Repealed, 1988 c 491 s 26
383C.802Repealed, 1988 c 491 s 26
383C.803Repealed, 1988 c 491 s 26
383C.804Repealed, 1988 c 491 s 26
383C.805Repealed, 1988 c 491 s 26
383C.806Polling Place; Evergreen Firehall
383C.807May Contract for Solid Waste Management Services
383C.808Television Service; Costs
383C.809St. Louis County; Partition Fence Controversies

BUDGET PROCEDURE

383C.01 [Repealed, 1989 c 240 s 10]
383C.011 [Repealed, 1989 c 240 s 10]
383C.012 [Repealed, 1989 c 240 s 10]
383C.013 [Repealed, 1989 c 240 s 10]
383C.014 [Repealed, 1989 c 240 s 10]
383C.015 [Repealed, 1989 c 240 s 10]
383C.016 [Repealed, 1989 c 240 s 10]
383C.017 [Repealed, 1989 c 240 s 10]
383C.018 [Repealed, 1989 c 240 s 10]
383C.019 [Repealed, 1989 c 240 s 10]

383C.021 BUDGET AND FINANCIAL ADMINISTRATION.

Subdivision 1.Duties of the county board.

The county board shall annually adopt a budget for the next fiscal year. The budget shall be a complete financial plan for the year. The board may create fund accounts in accordance with generally accepted accounting principles and state and federal laws and rules to account for the assets, liabilities, revenues, and expenditures of the county.

Subd. 2.Format.

The board may use any combination of expenditure classifications by fund, organization, program, purpose, or activity. The budget shall begin with a general summary of its contents and shall detail all estimated revenues, including the property tax levy, and all estimated expenditures, including debt service, for the next fiscal year. The total of estimated expenditures for the next fiscal year shall not exceed the total of estimated revenues and any surplus amounts expected to be available at the end of the current fiscal year. Amounts in funds unexpended at the end of the fiscal year may be carried over from one fiscal year to the next in accordance with generally accepted accounting principles. Unexpended amounts may be restricted by the board to finance contingent obligations which may become payable in subsequent fiscal years.

Subd. 3.Operating budget.

The budget shall include information showing operating revenues, expenditures, and personnel for the fiscal year.

Subd. 4.Capital budget.

The budget shall include the capital expenditures proposed for the fiscal year by project and the proposed method and plan of financing of each capital project.

History:

1989 c 240 s 1

383C.022 CAPITAL PROGRAM.

The board may also prepare a five-year capital program to include:

(1) a clear, general summary of its contents;

(2) a list of all capital improvements which are proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for the improvements;

(3) cost estimates, method of financing, and recommended time schedules for each improvement; and

(4) the estimated cost of operating and maintaining the facilities to be constructed or acquired.

The information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.

History:

1989 c 240 s 2

383C.023 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 other county revenues for the ensuing year, and the unappropriated fund balance does not equal the total amount of the budget, the county shall reduce the several funds mentioned in the budget. 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:

1989 c 240 s 3

383C.024 APPROPRIATIONS AND TAX LEVY.

The county board shall adopt the budget by resolution which shall constitute appropriation of the amounts specified in the budget as expenditures from the funds indicated. It shall also adopt by resolution a levy of the tax proposed in the budget.

History:

1989 c 240 s 4

383C.025 AMENDMENTS.

Subdivision 1.Supplemental appropriations.

The board may make supplemental appropriations during a budget year. The appropriations may authorize the use and expenditure of amounts accruing to the county which were not previously anticipated as revenues by the board in the adoption of the budget.

Subd. 2.Changes in appropriations.

The board may by resolution modify the adopted budget or the appropriation to a department or fund, or transfer amounts from one department or fund to another except as otherwise restricted by law.

History:

1989 c 240 s 5

383C.026 LAPSE OF APPROPRIATIONS.

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. Amounts in funds unexpended at the end of the fiscal year may be carried over from one fiscal year to the next in accordance with generally accepted accounting principles.

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 a capital expenditure appropriation is abandoned if three years pass without a disbursement from or encumbrance of the appropriation.

History:

1989 c 240 s 6

383C.027 ADMINISTRATION OF BUDGET.

Subdivision 1.Records; rules.

A record of every appropriation shall be kept by the county auditor, or by an officer, agent, or employee designated by rule, which will at all times show the amount of any appropriation which has been expended, contracted, or obligated, and the remaining unencumbered amount which is available for expenditure, to the extent necessary to enable every officer, agent, or employee who has authority to incur an obligation to know whether incurring an additional obligation will exceed the appropriation. The auditor shall make and may amend rules governing in detail the manner in which boards, commissions, administrative officers, and employees of the county incur, record, and report obligations as reasonably necessary to regulate the keeping of the records required by this section and to enable the auditor to determine and certify whether an obligation is within and pursuant to an appropriation made as required by sections 383C.021 to 383C.026. The rules, upon adoption by the county board, shall bind all boards, commissions, officers, agents, and employees. No contract or obligation shall be valid for any purpose unless it is incurred, recorded, reported, and certified in accordance with the rules. No claim or payroll shall be presented to the county board or other board, commission, or agency for allowance, or allowed unless it has been audited by the auditor and certified by the auditor to have been incurred within and pursuant to an appropriation as required by sections 383C.021 to 383C.026. The auditor shall not certify a claim or payroll without ascertaining that it has been so incurred. No claim or payroll shall be allowed or paid until certified by the auditor. Before certifying any claim or payroll, the auditor shall ascertain that the goods or services have actually been received by the county as shown by a receiving report or time record signed by an officer, agent, or employee who has personal knowledge that the goods or services were received or furnished to the county. A person who falsely or fraudulently signs a receiving report or time record is personally liable to the county for any loss sustained.

Subd. 2.Payments and obligations prohibited.

No payment shall be made or obligation incurred against an allotment or appropriation except in accordance with an appropriation duly made in the adopted budget. An authorization of payment or incurring of obligation in violation of this section is void and a payment so made is illegal.

Subd. 3.Accounting principles.

The county shall use generally accepted accounting principles in the management of its accounting records.

History:

1989 c 240 s 7


CIVIL SERVICE

383C.03 ST. LOUIS COUNTY CIVIL SERVICE COMMISSION.

There shall be created and maintained in any county in the state of Minnesota now or hereafter having a population in excess of 150,000 and an area of more than 5,000 square miles, a county civil service commission for county employees with powers and duties as hereinafter provided. Any such county desiring to avail itself of sections 383C.03 to 383C.059 shall do so by the adoption by the board of county commissioners upon a record vote of a resolution providing (1) for the creation of a county civil service commission as provided in sections 383C.03 to 383C.059 and (2) for the submission of such resolution to the voters of the county at the next general election for ratification, provided that until such resolution has been so ratified by a majority of the voters voting upon said question it shall be of no force or effect.

History:

1941 c 423 s 1

383C.031 COMMISSIONERS; APPOINTMENT; QUALIFICATIONS.

Within 30 days after a majority of the voters of the county voting upon said question elect to come within the provisions of sections 383C.03 to 383C.059, the board of county commissioners shall by majority vote, appoint three persons as county civil service commissioners to serve for designated terms of one for two years, one for four years, and one for six years. Each alternate year thereafter the board of county commissioners shall appoint one person as successor for the county civil service commissioner whose term shall expire, to serve six years. Any vacancies shall be filled by the board of county commissioners for the unexpired term. No person shall be appointed or shall act as a member of the county civil service commission at any time while holding any public office or while standing as a candidate for any public office, notary public excepted, or any public employment or position in a political party within the two years immediately preceding appointment. Each member of said commission shall be a resident in the county and on becoming a nonresident, thereby forfeits the office. Within 15 days after appointment, each commissioner shall qualify by subscribing to an oath for the faithful discharge of duties and file said oath with said court administrator of the district court and such oath shall include a statement of belief in and desire to support the principles of the merit system. If an appointee fails to so qualify, another shall be named. Each commissioner shall hold office until a successor has been appointed and qualified, except in case a commissioner shall stand as a candidate for elective public office, whereupon the filing of candidacy thereby automatically results in forfeiture of the office. The county civil service commission shall organize by electing one of its members as presiding officer and the civil service director hereinafter provided shall serve as secretary.

383C.032 APPOINTMENT OF CIVIL SERVICE DIRECTOR.

The county board of commissioners shall appoint a civil service director. The civil service director shall be in the unclassified service.

383C.033 MEETINGS; RECORDS; RULES AND REGULATIONS.

Members of the county civil service commission shall hold regular meetings at least once each month and may hold such additional meetings as may be required in the proper discharge of their duties. Meetings of the commission shall be open to the public. The commission shall keep records and minutes of its business and official actions and such records and minutes shall be public records open to public inspection, subject to such rules as to hours and conditions of inspection as the commission may establish. It shall be the duty of the county civil service commission as a body:

(a) After public hearing to adopt such rules and regulations for the administration of sections 383C.03 to 383C.059, such classification and compensation plans for the classified service, together with rules for their administration, and amendments thereof as may be recommended by the civil service director after a thorough survey of personnel organization included in such plan or plans, and suitable regulations covering vacations, leave of absence and sick leave, the order of layoff in case of a curtailment in the number of employees in any class in any department, compulsory retirement at a fixed age, and any other conditions affecting the employment of persons within the classified service, which, when approved by the board of county commissioners, shall have the force and effect of law and be binding upon all county officers, boards and commissions. Rules and regulations affecting employees of the local social services agency should be in conformance with any federal regulations established by the Social Security Board.

(b) To make investigations either on petition of a citizen or of its own motion concerning the enforcement and effect of sections 383C.03 to 383C.059, to require observance of its provisions and the rules and regulations made thereunder.

(c) To hear and determine appeals or complaints respecting the administrative work of the civil service director, the rejection of an applicant for admission to an examination, and such other matters as may be referred to the commission by the civil service director.

(d) To make such investigations as may be requested by the board of county commissioners and to report thereon.

383C.034 DUTIES OF DIRECTOR.

The civil service director as executive head of the county civil service commission shall direct and supervise all of its administrative and technical activities in addition to the duties imposed, elsewhere in sections 383C.03 to 383C.059, and shall:

(a) Attend the regular and special meetings of the county civil service commission, to act as its secretary and to record its official actions.

(b) Appoint, supervise and direct such employees of the civil service department as may be necessary to carry out the provisions of sections 383C.03 to 383C.059. Such employees shall be chosen in accordance with and shall be subject to the provisions of sections 383C.03 to 383C.059.

(c) Prepare and recommend rules and regulations for the administration of sections 383C.03 to 383C.059, which shall become effective after approval by the commission and the board of county commissioners, as provided in sections 383C.03 to 383C.059, to administer such rules and regulations and to propose amendments thereto.

(d) Establish and maintain in card or other suitable form a roster of all officers and employees in the service of the county, which shall show the employment history of each such employee. The director shall have access to all records and papers, the examination of which will aid in the discharge of duties in connection with such roster.

(e) Ascertain and record the duties and responsibilities pertaining to all positions in the classified service and classify such positions in the manner hereinafter provided.

(f) As soon as practicable after the adoption of the classification plan, prepare a schedule of salary or wage rates and ranges for each class, grade or group of positions in the classification. Such salary and wage schedules when approved by the civil service commission after public hearing shall be submitted to the board of county commissioners who may approve or reject such schedules. When approved by the board of county commissioners, they shall be used in connection with all payrolls and accounting records and with all budget estimates for all departments or agencies of the county government. Nothing in this section shall prevent the board of county commissioners from increasing or reducing the salary or wage rates of positions to conform to the terms of a negotiated labor agreement.

(g) Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class of positions and as a result thereof, establish employment lists for the various classes of positions.

(h) When a vacant position is to be filled, to certify to the appointing authority the names of the three persons highest on the reemployment or promotional list, or the names of the seven persons highest on the employment list for the class, provided, however, that if there are less than three names remaining on the reemployment or the promotional lists, the director shall certify such lesser numbers remaining on said lists, thereby using all names of persons willing to accept appointment before drawing any names from an employment list. When the director determines that there is significant under representation of a protected group with respect to race or sex in the class, and the first seven candidates on the employment list do not include a member of the under represented group, the director shall add the highest ranking available individual on the employment list from that group to the list of the candidates certified. If there are no such lists, the director may authorize provisional appointments pending the establishment of such employment list for such class. Such provisional appointment shall not continue for a period longer than four months, nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year, nor shall there be more than one provisional appointment to any given position in any 12-month period; except that, after November 3, 1942, and prior to the time that lists of eligibles are available, appointments to offices and employments in the classified service may be made in accordance with existing laws and without regard to the provisions of sections 383C.03 to 383C.059. Persons so appointed shall not be entitled to any of the privileges set forth in sections 383C.03 to 383C.059 except in the case of appointments made through merit examinations under authority of Laws 1941, chapter 476, section 1, but they shall be permitted to apply for and take any competitive examination for which they may be eligible. Such employees may continue in such employment, notwithstanding any contrary provisions of sections 383C.03 to 383C.059, until 60 days after the director shall have certified that lists of eligibles are available for such office or employment, whereupon the employment of such persons shall automatically terminate and such office or employment shall be filled from such lists of eligibles as provided in sections 383C.03 to 383C.059. In case of an emergency, an appointment may be made of not to exceed ten days duration without regard to the provisions of sections 383C.03 to 383C.059, which appointment shall be immediately reported to the civil service director. Successive emergency appointments shall not be made.

(i) Establish the length of the probation or working test period which shall not be less than six months and not more than 12 months, during which time discharges may be effected without specifying cause or granting a hearing, to enable the appointing authority to determine whether new officers and employees are able and willing to perform their duties satisfactorily; and for the method of removal or transfer of such officers and employees whose work or conduct during such period is unsatisfactory.

(j) Establish record of performance and a system of service ratings to be used in determining increases and decreases in salaries and in promotions.

(k) Keep such record as may be necessary for the proper administration of sections 383C.03 to 383C.059.

(l) Provide a system of checking payrolls, estimates and accounts for payment of salaries or wages to employees in the classified service, as to enable the director upon satisfactory evidence thereof, to certify or cause to be certified that the persons whose names appear thereon have been regularly employed in the performance of the duties indicated at the compensation rates and for the periods for which compensation is claimed or are on authorized leave before payment may be lawfully made to such employees.

(m) Make investigations concerning the administration and effect of sections 383C.03 to 383C.059 and the rules made thereunder, and report the findings and recommendations to the commission.

(n) Make an annual report to the county civil service commission.

383C.035 UNCLASSIFIED CIVIL SERVICE.

(a) The officers and employees of the county and of any agency, board, or commission, supported in whole or in part by taxation upon the taxable property of the county or appointed by the judges of the district court for the county, are divided into the unclassified and classified service.

(b) The unclassified service comprises:

(1) all officers elected by popular vote or persons appointed to fill vacancies in such offices;

(2) judges and receivers, referees, arbiters, court reporters, jurors, notaries public, and persons appointed by a court to make or conduct any special inquiry of a judicial and temporary character;

(3) superintendent or principal administrative officer or comptroller of any separate department of county government which is now or hereafter created pursuant to law, who is directly responsible to the board of county commissioners or any other board or commission, as well as the county agricultural agents and the home demonstration agents under the control of the county extension committee;

(4) members of nonpaid board, or commissioners appointed by the board of county commissioners or acting in an advisory capacity;

(5) assistant county attorneys or special investigators in the employ of the county attorney. For purposes of this section, special investigators are defined as all nonclerical positions in the employ of the county attorney;

(6) all common labor temporarily employed on an hourly basis;

(7) all inmate or patient help in county institutions;

(8) all physicians, dentists, registered nurses and medical laboratory technicians working under the direction of a licensed physician or dentist in any hospital or sanitarium operated by a commission or board of such county;

(9) not more than a total of nine clerks serving the county board and administrator;

(10) a legislative lobbyist/grant coordinator appointed by the county board to act as legislative liaison with the St. Louis County legislative delegation and pursue legislative concerns and grant opportunities for the county, and the clerk for that position;

(11) the county recorder;

(12) any department head designated by the county board;

(13) three administrative assistants in the county administrator's office; and

(14) all court bailiffs.

(c) The classified service includes all other positions now existing and hereinafter created in the service of the county or any board or commission, agency, or offices of the county.

383C.036 CLASSIFICATIONS; EXAMINATIONS.

Subdivision 1.Classified service.

All regular employees holding positions which are placed in the classified service under the provisions of sections 383C.03 to 383C.059 shall be permanent members of the classified service without examination or working test period if they have been in the employ of the county for five consecutive years or more, immediately previous to December 31, 1943, or when a regular employee has been transferred from the unclassified service to the classified service and has been in the employ of the county for five consecutive years or more, immediately previous to said transfer from the unclassified service to the classified service, and all employees who have been appointed through merit examinations administered under authority of Laws 1941, chapter 476, section 5, and who have not since been separated from the service shall also be permanent members of the classified service without further examination or working test period, except that any employee who has not completed a working test period as provided under the rules of the merit plan, shall be on probation for that period of time of service otherwise necessary to complete the working test period under the merit plan. All other employees shall not be members of such classified service until such time as they shall have been appointed to such position in accordance with the provisions of sections 383C.03 to 383C.059. The civil service director subject to rules and regulations of the county civil service commission shall within two years of the date the board of county commissioners of such county elects to avail itself of the provisions of sections 383C.03 to 383C.059, prepare and offer once to all persons who, on the date the board of county commissioners of such county elects to avail itself of the provisions of sections 383C.03 to 383C.059, are incumbents of positions in the classified service with less than five years of service, a qualifying examination that is designed to test fitness to perform the work of the class to which the position has been allocated. No person holding an office for employment in the classified service previous to December 31, 1943, who is required by sections 383C.03 to 383C.059 to take a qualifying examination shall be laid off, suspended, discharged or reduced in pay or position, except in accordance with the provisions of sections 383C.03 to 383C.059 applicable to members of the classified service having permanent status until they have completed such qualifying examination and shall have been notified of the results thereof. If such incumbents pass such qualifying examination, they shall become permanent members of the classified service. If, however, any of the aforementioned incumbents who are required by sections 383C.03 to 383C.059 to take a qualifying examination shall fail to pass the same, they shall be removed from their positions at or before the expiration of three months following receipt of notice of failure to pass such examination. All persons who shall willfully fail or refuse to take the examination when offered without reasonable excuse, shall be removed from their positions immediately.

Subd. 2.Education employees.

All regular employees of the county board of education on the effective date of Laws 1961, chapter 329, section 2, holding a position which is placed in the classified service under the provisions of sections 383C.03 to 383C.059 shall be subject to and have the benefit of all provisions of subdivision 1 of this section in like manner as all county employees subject thereto on the effective date of Laws 1941, chapter 423, were subject thereto and had the benefit thereof.

383C.037 CLASSIFICATION PLAN.

The civil service director shall, as soon as practicable after sections 383C.03 to 383C.059 take effect and after consultation with appointing authorities and principal supervising officials, recommend to the county civil service commission a classification plan, together with proposed rules for its administration. Such classification plan shall show each class of positions in the classified service, and when approved by the county civil service commission, shall be made public, together with the rules for its administration. Each such class shall include such positions requiring duties which are substantially similar in respect to duties and responsibilities and shall be designated by titles indicative of the duties; and that the same schedule of compensation can be made to apply with equity under like working conditions. The class titles shall be used in personnel, budget and financial records and communications. As far as practicable the natural or probable line of promotion to and from the class of positions shall be designated or indicated.

History:

1941 c 423 s 8

383C.038 ALLOCATION OF POSITIONS.

The civil service director shall, as soon as practicable after the adoption of the classification plan, and after consultation with appointing authorities, allocate each position to its proper class. Any employee whose position or title is affected by such allocation shall be notified thereof and may appeal the allocation to the county civil service commission within 30 days of such notice, and after hearing such employee the civil service commission shall approve or modify such allocation.

History:

1941 c 423 s 9; 1986 c 444

383C.039 ADDITIONAL CLASSES.

With the approval of the county civil service commission additional classes may be established for new positions created, or positions not included in any previously established class may be allocated thereto, as good administration may require. Any existing class or classes may be divided, combined, altered or abolished and positions allocated to any class or classes may be reallocated. The appointing authorities shall promptly report to the civil service director intention to establish new positions that may be classified and allocated, and that certifications may be made or appropriate tests provided for and held for the purpose of establishing requisite employment lists from which appointments may be made as provided in sections 383C.03 to 383C.059.

History:

1941 c 423 s 10

383C.04 LAYOFFS.

Whenever any employee in the classified service, who has been performing all duties in a satisfactory manner, as shown by the records of the employing department or other agency, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence for more than one year and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the county civil service commission and the employing department, and has withdrawn the resignation without being restored to the position, the civil service director shall cause the name of such employee to be placed on the reemployment list for the appropriate class. No reemployment list shall be valid for more than two years. The order in which names shall be placed on the reemployment list for any class shall be established by rule. No person shall be reinstated or be restored to a reemployment list unless such resignation is withdrawn within one year after it has been presented and accepted.

History:

1941 c 423 s 11; 1986 c 444

383C.041 CIVIL SERVICE DIRECTOR; TESTS.

The civil service director shall, from time to time, as conditions warrant, hold tests for the purpose of establishing employment lists for the various positions in the classified service. Such tests shall be public, competitive and open to all persons who may be lawfully appointed to any position within the class for which such examinations are held with limitations specified in the rules of the commission as to residence, age, health, habits, moral character and prerequisite qualifications to perform the duties of such positions. Promotion tests shall be competitive to such persons examined or appointed under the provisions of sections 383C.03 to 383C.059 and who have completed the probationary period in a class or rank previously declared by the commission to involve the performance of duties which tend to fit the incumbent to the performance of duty in the class or rank for which the promotion test is held. In promotion tests, efficiency in service shall form part of such tests. The civil service director shall hold promotion tests for each superior class of service whenever there is an inferior rank in the same class, the duties of which directly tend to fit the incumbents thereof for the performance of the duties of the superior grade. If fewer than two persons submit themselves for a promotion test, or if after such test is held all applicants fail to attain a general average of not less than the minimum standard fixed by the rules of the county civil service commission, the director shall forthwith hold an original entrance test and certify from the employment list resulting therefrom.

All tests shall be practical, and shall consist only of subjects which will fairly determine the capacity of the persons examined to perform the duties of the class of work for which the examination is being conducted, and may include tests of physical fitness or of manual skill. No credit shall be allowed for service rendered under provisional appointment. No question in any test shall relate to religious or political opinions or affiliations. As many tests shall be held as may be necessary to provide eligibles for each class of position, and to meet all requisitions and to fill all positions held by provisional appointees. From the return and report of the examiners or from the tests provided by the civil service director, the director shall prepare a list of eligible persons who shall attain such minimum mark as may be fixed for the various parts of such test, and whose general average standing upon the test for such position is not less than the minimum fixed by the rules of the commission, and who may lawfully be appointed. Such persons shall take rank upon the list in the order of their relative excellence as determined by the tests. The markings of all tests shall be completed and the resulting employment list posted as soon as possible thereafter. The life of any eligibility list shall not exceed one year but may be extended an additional year by motion of the civil service commission.

The markings and test papers of each candidate shall be open to the candidate's inspection. The markings and test papers of all persons upon any list of eligibles may be opened to public inspection in the discretion of the county civil service commission. An error in the markings of any test other than an error in judgment, if called to the attention of the commission within one month after the establishment of an employment list resulting from such test, shall be corrected by it; provided, however, that such correction shall not invalidate any certification or appointment previously made. Public notice of each examination shall be given.

History:

1941 c 423 s 12; 1986 c 444

383C.042 POWERS OF DIRECTOR.

The civil service director may reject an application of any person for admission to a test or refuse to test any applicant, or to certify the name of an eligible for employment who is found to lack any of the established qualification requirements for the position applied for or tested on, or who is physically unfit to effectively perform the duties of the position, or who is addicted to the use of drugs or the habitual use of intoxicating liquors to excess, or who has been guilty of any crime or infamous or notoriously disgraceful conduct, or who has been dismissed from the public service for delinquency, or who has made a false statement of any material fact or practiced or attempted to practice deception or fraud in the application or in the test, or in securing eligibility or appointment. Any such person may appeal to the county civil service commission from the action of the civil service director in accordance with the rules established hereunder.

History:

1941 c 423 s 13; 1986 c 444

383C.043 VACANCIES.

Whenever a position in the classified service becomes vacant the appointing authority, if it desires to fill the vacancy, shall make requisition upon the civil service director whereupon the civil service director shall certify the names of the three persons highest on the reemployment list, or where there is no reemployment list the director shall certify the names of the three highest on the promotional list. In case there are less than three names on the reemployment or promotional lists, the director shall certify the number of names remaining on said lists willing to accept appointment provided that no name shall be certified from an employment list as long as there is a reemployment list or a promotional list for the class. The appointing authority shall at its discretion appoint one of the persons so certified for the working test period. At the end of the working test period the appointing officer shall notify the civil service director in writing whether the probationer is a satisfactory employee and should receive the status of a permanent appointee. Upon such notice the employee, if service during the working test period did not fall below such minimum standards as have been prescribed by the civil service director, shall be deemed to have a permanent classified civil service status; otherwise the employee is automatically separated from the service.

History:

1941 c 423 s 14; 1961 c 416 s 2; 1986 c 444

383C.044 TRANSFER OF EMPLOYEES.

The civil service director may at any time authorize the transfer of any employee in the classified service from one position to another position in the same class or grade and not otherwise; provided, however, that persons who are not members of the classified service under the provisions of sections 383C.03 to 383C.059 shall not be entitled to transfer. Transfers shall be permitted only with the consent of the civil service director and the department concerned. The civil service commission shall adopt rules to govern the transfer of an employee from a city to the county, when the employee is performing community development block grant services for the county pursuant to a contract between the city and county.

383C.045 LAYOFF OF EMPLOYEES.

In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever the authority deems it necessary by reason of shortage of work or funds, or the abolition of a position or other material change in duties or organization. The seniority of employees shall be the factor in determining the order of layoffs. The appointing authority shall give written notice to the civil service director of every proposed layoff a reasonable time before the effective date thereof, and the civil service director shall make such orders relating thereto as the director considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.

History:

1941 c 423 s 16; 1951 c 425 s 2; 1986 c 444

383C.046 CERTIFICATION OF PAYROLLS.

The county auditor, county treasurer, and the board of county commissioners, or any other officer or employee of the county, shall not approve the payment of, or be in any manner concerned in paying, auditing, or approving any salary, wage or other compensation for services to any person holding a position in the classified service unless there shall first have been filed with the county auditor a payroll, estimate, or account for such salary, wage or other compensation containing the names of the persons to be paid, and a statement of the amount to be paid each such person and the services on account of which the same is paid, and a statement that such services have been performed, and bearing the certificate of the civil service director that the persons named in such payroll, estimate, or account have been appointed or employed in pursuance of law and of the rules made by the county civil service commission under the provisions of sections 383C.03 to 383C.059 and have complied with the terms of sections 383C.03 to 383C.059 and of the rules of the commission when required so to do. Before making any such certificate the civil service director shall investigate the nature of each item of such payroll, estimate or account and on ascertaining that the provisions of the law in respect to any such item have not been strictly complied with, the director shall refuse to certify such item. The civil service director shall refuse to certify the pay of any such public officer who shall willfully or through culpable negligence violate or fail to comply with the provisions of sections 383C.03 to 383C.059 and the rules of the county civil service commission.

History:

1941 c 423 s 17; 1986 c 444

383C.047 CIVIL ACTIONS.

It shall be the duty of the county civil service commission to begin and conduct all civil suits for the proper enforcement of sections 383C.03 to 383C.059 and of the rules of the commission and to defend all civil suits which shall be brought against the commission. The commission shall be represented in such suits by the county attorney or by special counsel provided by the board of county commissioners. Any taxpayer of the county may maintain an action in the district court to recover for the treasury any sums paid contrary to the provisions of sections 383C.03 to 383C.059 or the rules of the county civil service commission from the person or persons authorizing such payment or to enjoin the person or persons from making such payment or to enjoin the civil service director from attaching a certificate to a payroll in violation of the provisions of sections 383C.03 to 383C.059.

History:

1941 c 423 s 18; 1986 c 444

383C.048 COMMISSION MAY SUBPOENA WITNESSES.

In an investigation conducted by the county civil service commission or civil director they shall have the power to subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to the investigation and to administer oaths to such witnesses.

History:

1941 c 423 s 19

383C.049 PROHIBITING OBSTRUCTING PERSONS FROM TAKING TESTS.

No person shall deceive or obstruct any person in respect to the right of test under the provisions of sections 383C.03 to 383C.059 or falsely mark, grade, estimate or report upon the test or standing of any person tested hereunder, or aid in so doing, or furnish to any person, except in answer to inquiries of the civil service commission, any special information for the purpose of either improving or injuring the rating of any such person for appointment or employment. No applicant shall deceive the county civil service commission for the purpose of improving the applicant's chances or prospects for appointment. No person shall solicit, orally or by letter, and no public officer or employee shall receive or be in any manner concerned in the receiving or soliciting of any money or valuable thing from any officer or employee holding a position in the classified service for any political party or purpose whatsoever. No person shall use or promise to use personal influence or official authority to secure any appointment or prospect of appointment to any position classified under sections 383C.03 to 383C.059 as a regard or return for personal or partisan political service. No public officer or employee shall by means of threats or coercion induce or attempt to induce any person holding position in the classified service to resign the position or to take a leave of absence from duty or to waive any right under sections 383C.03 to 383C.059. A resignation executed previous to appointment shall be of no effect.

History:

1941 c 423 s 20; 1986 c 444

383C.05 POLITICAL ACTIVITY.

No officer or employee in the classified service is under any obligation to contribute to any political fund or to render any political service to any person or body whatsoever and no person shall be removed, reduced in grade, or salary, or otherwise prejudiced for refusal so to do. No public officer whether elected or appointed shall discharge, promote, demote, or in any manner change the official rank of the employee or the compensation of any person in the classified service or promise or threaten to do so, for the giving or withholding or neglecting to make any contribution of money or services or any other valuable thing for any political purpose.

Except as herein provided, any officer or employee holding office or place in the classified service may become a candidate for nomination or election to any public office or may seek and accept election, nomination or appointment as an officer of a political group, or organization, or take part in a political campaign or serve as a member of a committee of any such club or organization, or circulate or seek signatures to any petition provided for by any primary or election law or act as a worker at the polls, or distribute badges, colors, or indicia favoring or opposing the candidate for election or nomination to a public office whether federal, state, county or municipal, if the officer or employee does not engage in such activities during working hours or to such an extent off duty that the officer's or employee's efficiency during working hours is impaired or that tardiness or absence from work without notice or permitted leave results.

Nothing in this section shall be construed to prohibit or prevent any such officer or employee from becoming or continuing to be a member of a political club or organization or from attendance at political meetings or from enjoying entire freedom from all interference in casting a vote or from seeking or accepting election or appointment to public office.

383C.051 DISCIPLINE LISTED IN THIS SECTION REQUIRES CAUSE.

No person in the classified service who shall have been permanently appointed or inducted into the classified service under provisions of sections 383C.03 to 383C.059 shall be removed, suspended, demoted or discharged except for cause which will promote the efficiency of the service and not for political or religious reasons and only upon the written accusation of the appointing power or any citizen or taxpayer. A written statement of such accusation shall be served upon the accused, and a duplicate filed with the county civil service commission. Any person so removed, suspended, demoted or discharged, may within ten days from the time of the removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons or was or was not made for just cause. After such investigation the commission may, if in its estimation the evidence is sufficient, affirm the removal, or if it shall find that the removal, suspension, or demotion was made for political or religious reasons, or was not made for just cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from time of such removal, suspension, demotion or discharge. The commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge may place such employee on the reemployment list for service in the same or lower classification in a different branch of the service when a vacancy may occur.

All investigations made by the commission pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person, and presenting a defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the district court where the issue shall be heard de novo and determined in the same manner as a court case. The district court shall thereupon proceed to hear and determine such appeal in a summary manner, provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such grounds or ground.

History:

1941 c 423 s 22; 1979 c 151 s 1; 1986 c 444

383C.052 ANNUAL REPORT.

The county civil service commission shall investigate and report annually to the board of county commissioners concerning the administrative needs of the service, the personnel and positions in the service, and the compensation provided therefor, the examinations held by the commission, the appointments made, service ratings and removal in the civil service, the operation of the rules of the commission, and recommendations for promoting efficiency and economy in the service, with details of expenditures and progress of work. The board of county commissioners may require a report from said commission at any time respecting any matter within the scope of its duties hereunder.

History:

1941 c 423 s 23

383C.053 OFFICE IN COUNTY SEAT.

Office accommodations for the county civil service commission shall be provided at the county seat. All compensation, salaries and other expenses of the county civil service commission and employees thereof shall be paid out of the county revenue fund within the amount appropriated by the board of county commissioners, which amount shall not be less than $10,000 annually except that during the first two years any county elects to avail itself of the provisions of sections 383C.03 to 383C.059, said amount shall be $15,000 annually, unless a smaller appropriation is requested by the civil service commission.

History:

1941 c 423 s 24

383C.054 [Repealed, 1996 c 310 s 1]

383C.055 PENALTY.

Any person who willfully or through culpable negligence violates any of provisions of sections 383C.03 to 383C.059, or of the rules of the county civil service commission, shall be guilty of a gross misdemeanor. Conviction of same shall render the public office or position held by such person vacant.

History:

1941 c 423 s 26

383C.056 INCONSISTENT ACTS REPEALED.

All acts and parts of acts inconsistent with sections 383C.03 to 383C.059 are hereby repealed to the extent necessary to give effect to the provisions of sections 383C.03 to 383C.059, any provision of Laws 1931, chapter 347 to the contrary notwithstanding.

History:

1941 c 423 s 27

383C.057 [Repealed, 1996 c 310 s 1]
383C.058 [Repealed, 1996 c 310 s 1]

383C.059 TRANSFER OF EMPLOYEES.

When practicable and with due regard to similarity of standards, rules and regulations, the commission may enter into arrangements with suitable agencies in other local, state or federal jurisdictions, or with any other local nonprofit voluntary nursing agency which has coordinated its services heretofore for any period of time with the St. Louis County Board of Health as defined in section 145A.02, subdivision 2, for the purpose of exchanging services or effecting transfers of employees or eligibles for appointment to positions under the civil defense department, local social services agency, and the board of health of St. Louis County, and any other board of said county that may be created by law.


BOARDS, COMMISSIONS, AND COMMITTEES

383C.07 MEMBERS OF BOARDS AND COMMISSIONS; TERMS OF OFFICE.

Notwithstanding the provisions of any law to the contrary, in St. Louis County every lay member hereafter appointed by the county board to any board or commission heretofore or hereafter created by law, shall be appointed for a term of three years.

History:

1965 c 197 s 1

383C.071 BOARD OF ADJUSTMENT; ALTERNATES.

In St. Louis County the Board of Adjustment created pursuant to Laws 1959, chapter 559, shall have two additional members designated as alternates, either of whom may serve in the place of any regular member who at any time may be unable to serve. The alternates shall be appointed by the county board for terms designated by the board. Alternates shall be compensated in the same amount and manner as regular members of the Board of Adjustment.

History:

1971 c 169 s 1

383C.072 LAND INVESTMENT BOARD.

Subdivision 1.Creation; membership.

The St. Louis County Board of Land Investment consisting of the members of the St. Louis County Board of Commissioners is established. The Board of Land Investment shall have responsibility to accelerate the county's forestry land management program and to provide operational support and supervision to a broad range of forest projects.

Subd. 2.Land investment department.

The Board of Land Investment may establish a land investment department to carry out the objectives established by the Land Investment Board.

Subd. 3.Administration.

The department shall be administered by the land commissioner appointed under Minnesota Statutes, section 282.13 but shall be separate from the land department which is also under the direction of the land commissioner.

Subd. 4.Purposes.

The purposes of the Land Investment Board are:

(a) to intensify land management activities on county administered tax-forfeited peat and forest lands;

(b) to achieve an intensified land management program by using the talents of the excess skilled labor available in the region;

(c) to invest in the economic future of the region by using the full potential of the land resource;

(d) to conduct, but not be limited to, projects including peat development, reforestation, timber stand improvement, timber management, development of recreation and wildlife facilities, forest road construction, and boundary line and corner establishment;

(e) to ensure that the projects use the latest state of the art technology; and

(f) to conduct, contract for, or use joint powers to accomplish the surveys, studies, or research, as needed to encourage or test the feasibility of new programs or markets to use the land resources to their optimum.

Subd. 5.Powers.

The Board of Land Investment may:

(a) enter into contracts with or employ technical experts, agents, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation;

(b) delegate to one or more of its agents or employees the powers or duties it deems proper;

(c) accept grants, loans, gifts, services, or other assistance from the federal or state government or any private individual or organization to accomplish its purposes; and

(d) enter into contracts with individuals or organizations to perform land management activities, including tract site preparation, road construction, or maintenance.

Subd. 6.Employees.

The land commissioner may hire employees with the approval of the Land Investment Board to carry out the duties of the land investment department. Notwithstanding sections 383C.03 to 383C.059, all positions created in the land investment department shall be in the unclassified service and the employees shall serve at the pleasure of the Land Investment Board. The positions will be assigned to the collective bargaining unit to which the position would be assigned if the position were in the classified service. On January 1, 1988, all the positions shall become part of the classified service and all persons holding the positions shall become subject to sections 383C.03 to 383C.059, as though they had been originally appointed to the classified service. Seniority shall be computed from the date of employment whether before or after January 1, 1988. Positions within the land investment department shall continue to be separate from positions in the St. Louis County land department for all purposes, including seniority rights.

Subd. 7.Assistant commissioner.

Notwithstanding subdivision 6, the position of assistant commissioner of land investment shall remain in the unclassified service.

Subd. 8.Tracts with low quality timber.

If the Board of Land Investment determines that a tract is stocked with nonindustrial, low quality timber that has little or no value, section 282.04, as it relates to timber sales, shall not apply to land management activities including site preparation, conducted under the authority of the board.

Subd. 9.Receipts.

Receipts from salvage materials generated by site preparation activities conducted under the authority of this chapter shall be paid into the forfeited tax sale fund.

383C.073 [Repealed, 2000 c 454 s 3]

383C.074 EXTENSION COMMITTEE.

The extension committee appointed under section 38.36 for St. Louis County shall consist of 11 members, of which eight shall be appointed at large by the St. Louis County Board of Commissioners.

History:

1981 c 100 s 1

383C.075 [Repealed, 1988 c 491 s 26]
383C.076 [Repealed, 1988 c 491 s 26]

383C.081 HOUSING AND REDEVELOPMENT AUTHORITY.

A resolution of the St. Louis County Board under section 469.004 may provide that the board will constitute the county housing and redevelopment authority or it may provide for the appointment of members. If members are appointed, the authority shall be composed of seven persons and individual members of the board may be appointed to be members of the authority.

History:

1988 c 491 s 4


COUNTY BOARD

383C.09 MEMBERS SERVING ON COMMISSIONS AND OTHER BOARDS.

Notwithstanding the provisions of any law to the contrary in St. Louis County, the county board may elect for a term of one year two of its members to serve on any commission or any other board, except the civil service commission and board of education for the unorganized territory, now or hereafter created by law within the county and having charge of or jurisdiction over any county activities or institution supported in whole or in part by county tax revenues.

383C.091 CHAIR'S CONTINGENT FUND.

In addition to the amount authorized by section 375.16, the county board of St. Louis County may annually appropriate from the county revenue fund a sum not exceeding $5,000 as a contingent fund for use by the chair of the county board, or any member of the county board acting in the capacity of the chair, at the chair's discretion to pay for incidental costs and expenses incurred in expediting the business of the county of St. Louis. The fund shall be under the exclusive control of the chair of the county board or any member of the county board acting in the capacity of the chair, subject to postaudit by the county board.

383C.092 BORROWING FROM FEDERAL AGENCIES.

Notwithstanding any law to the contrary, St. Louis County is authorized by majority vote of its board of commissioners, without the necessity of any further action, to borrow moneys from any agency of the United States government for purposes of capital improvements, highways, and public works.

History:

1973 c 440 s 1

383C.093 COUNTY PRINTING.

Subdivision 1.County board to print and bind minutes of board.

In all counties now or hereafter having a population of over 150,000 inhabitants and an area of over 5,000 square miles, the county board is hereby authorized to cause to be printed and bound in permanent form, for the use of the county officials and employees of said county, such number of copies as said board shall deem advisable, of the monthly official proceedings of said board as the same are printed and published in the official paper of said county, and to pay the reasonable expense thereof on duly itemized and verified bills filed with and audited and allowed by said county board.

Subd. 2.County board to print and bind copies of financial statements.

The county board of any such county is hereby authorized to cause copies of the financial statement of said county, after the same has been printed and published in the paper designated by said county board for such purpose, to be printed and bound in pamphlet form, in such number as the county board may deem advisable for use by the county officials and employees of said county and for exchange with other counties in the state and for other purposes, and to pay the reasonable cost of printing and binding such copies of said financial statement on duly itemized and verified bills filed with and audited and allowed by said county board.

Subd. 3.County board to print and bind copies of county canvassing board.

The county board of any such county is hereby authorized to publish as part of its official proceedings the substance of the official canvass by the county canvassing board of the results of any primary or general elections in said county and to pay the cost thereof as part of said official proceeding.

Subd. 4.Payments legalized.

Any and all payments heretofore made in good faith by the county board of any such county for printing and binding any pamphlets, or in permanent book form, of county board proceedings, or of the annual financial statement of said county, or for printing the official canvass of the county canvassing board of any primary or general election of said county as part of the official proceedings of the county board, are hereby legalized and confirmed as legal payments.

383C.094 REPAIR OF DITCHES.

Subdivision 1.Authority.

In St. Louis County, where the state of Minnesota holds title pursuant to tax forfeiture laws or other laws to at least 30 percent of all the land in any one district of a drainage system subject to chapter 103E, the county board may clean or make repairs on any drain or ditch in any one district in said system when said drain or ditch, due to lack of repairs or cleaning, has caused or is causing great damage to county roads, property, crops or lands. It may appropriate and expend from the general revenue fund of said county a sum annually for the cost of cleaning and repairing said drains or ditches. Said cleaning and repairing may be done by the county with its own equipment and employees, or by contract, but if done by contract and said estimated cost exceeds $500, then bids for same shall be called for and the contract shall be let to the lowest responsible bidder pursuant to law.

Subd. 1a.Contracts in excess of $500; best value alternative.

As an alternative to the procurement method described in subdivision 1, the contract may be awarded to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

Subd. 2.Acceptance of aid.

County boards are hereby authorized and empowered to accept gifts of money from the government of the United States and the state of Minnesota or any of its agencies, to carry out the provisions of this section, and said moneys shall be spent by said county boards only for such purpose.

Subd. 3.In addition to existing power.

The authority granted in this section is in addition to all existing power and authority granted by law to county boards to repair or clean any drains and ditches in any county or judicial drainage system.

383C.095 [Repealed, 1988 c 491 s 26]

COUNTY AGENCIES AND OFFICERS

383C.13 [Repealed, 1988 c 491 s 26]

383C.131 ASSISTANT COUNTY ATTORNEYS AND CLERKS.

The St. Louis County attorney may appoint, with the consent of the county board, assistant county attorneys and clerical help at such salaries as may be determined by the board. Those heretofore appointed shall be designated assistant county attorneys. They shall take the official oath of office and execute a bond in the same manner as the county attorney, said bonds to be paid by the county. The assistant county attorneys shall be fully authorized to do and perform the duties pertaining to the office as directed by the county attorney. The assistant county attorneys shall be paid semimonthly as is now done, and shall be reimbursed for their actual expenses and mileage according to law when on official business for the county.

383C.132 [Repealed, 1988 c 491 s 26]
383C.133 [Repealed, 1988 c 491 s 26]

383C.134 ELECTED OFFICIALS; COMPENSATION.

An elected officer of St. Louis County shall not be entitled to payment for accumulated vacation or sick leave days upon leaving office. This section supersedes any contrary provision of other law or ordinance.

History:

1983 c 186 s 1

383C.135 SURETY BONDS.

The St. Louis County Board shall allow and pay a reasonable amount paid by any county elective or appointive officer of such county as an annual or term premium on the officer's official corporate surety bond in the amount required by law or fixed by such county board, said premiums to be paid out of the revenue of such county, as legal claims against such county, and after the repayment of such reasonable premiums to any such officer for the current year or years in said term of office, said county board shall pay the reasonable premium on any such bond after the termination of existing terms of office.

383C.136 ORGANIZATION OF OFFICES.

In St. Louis County, the duties and functions of the county treasurer shall be transferred to and be performed by the county auditor, and the office of county treasurer is abolished.

In St. Louis County, no person shall be elected after 1986 to succeed the county recorder. In 1991 the county board shall appoint a county recorder to serve at its discretion.


FAIRS

383C.16 COUNTY FAIR; MAINTAINING.

Subdivision 1.Appropriation.

The St. Louis County Board may annually appropriate funding to assist in maintaining one or more county fairs, which shall be under the management and control of a county agricultural society or another entity designated by the board. The appropriation shall be made either to the treasurer of such society or to some other suitable person, but before such money is paid to such treasurer or other person, the payee shall file with the county auditor a satisfactory bond in double the sum of said appropriation, conditioned upon a faithful disbursing and accounting for all of said funds so appropriated. Said funds so appropriated shall be used solely for the purpose of obtaining, preparing, and arranging exhibits and paying premiums to exhibitors. The treasurer or other person to whom said appropriation is paid shall within four months after the holding of any such aided annual fair, file with the county auditor a verified and detailed report showing the name and address of every person to whom any of said money was paid, together with the date of payment and a full description of the purposes for which the money was so paid and shall attach thereto receipts and subvouchers for each payment so made and shall return to the county treasurer all of the unexpended portion thereof. After said report and receipts and subvouchers have been audited by the county board and found to be correct, they may by resolution release said treasurer or other person and sureties from all further liabilities under such bond.

Subd. 2.Site appropriation.

The county board may also annually appropriate such further sum as it may desire not exceeding $7,500, for the purpose of procuring a suitable site and the erection of a suitable county building thereon, for the building or repairing of a racetrack and for grading and improving the grounds, to be used in connection with such county fair, but said site and said building and improvements shall be and remain the property of such county and such annual appropriation shall be used only for the purpose of so acquiring such site and building and grading and for the necessary care, repair, maintenance and upkeep thereof.

383C.161 COMMUNITY FAIR ASSOCIATIONS; APPROPRIATION.

The St. Louis County Board, in addition to the power it now possesses to appropriate money to county agricultural societies, is hereby authorized to appropriate, to not more than ten duly organized community fair associations of its county, not to exceed $500 each. In no event shall more than twice the sum paid out in premiums by any community fair association be appropriated to it by the county board. Where there is more than one community fair association in a county, the county board in determining which association shall receive county funds shall consider the geographical location of the fair maintained by each and shall so make its appropriations to such associations that each different community and part of the county will share therein and be equally benefited thereby.

That before the county auditor of any such county shall deliver a warrant to any community fair association for any funds allowed under this section, the treasurer of such community fair association shall file a bond in the amount of $500 running to the said county, to be approved by the county board as to form and sufficiency of sureties thereon, conditioned that said treasurer will disburse said funds according to law.

383C.162 APPROPRIATION FOR COUNTY FAIRGROUNDS.

The St. Louis County Board is authorized to expend annually from the county revenue fund, out of any money not required to defray other expenses chargeable against such fund, such amount as the commissioners may determine to be necessary for the purpose of improving the county fairgrounds and erecting buildings thereon to be used for county and agricultural fairs.

383C.163 REIMBURSEMENT OF COUNTY AGRICULTURAL SOCIETY.

Whenever any county agricultural society or officer thereof has heretofore contributed funds for the purchase or condemnation of lands used for county fair purposes and title to such lands has been conveyed to the county, the county board of any such county is hereby authorized and empowered to appropriate to such society or officer thereof making such contribution an amount equal to the moneys so contributed by it or such officer in acquiring such land, such appropriation not to exceed in any event, the sum of $3,000.

History:

1915 c 140 s 1

383C.164 FAIRGROUNDS; EXEMPT FROM TAXATION.

Land and buildings used exclusively as the site for a county or community fair under section 383C.16 or 383C.161 are exempt from property taxation.


COURTS

383C.17 COURTHOUSE BUILDING COMMISSION.

The Board of County Commissioners of St. Louis County shall have the authority to assign and reassign space and rooms to the various offices in the courthouses and county office buildings in said county.

383C.171 [Repealed, 1988 c 491 s 26]

383C.172 COURTHOUSE CLOSING.

The Board of County Commissioners of St. Louis County may by resolution close the county courthouse or houses and the public offices therein, except the criminal department of the sheriff's office, on Saturdays and Sundays of each week. In the event the offices of the county are so closed, any and all business that might otherwise be transacted with any such offices on any such Saturday, including the payment of taxes, may be performed on the next succeeding legal business day without penalty or any loss of personal or property rights.

History:

1959 c 404 s 1

383C.173 CONCILIATION COURT; PERSONAL RECEIVERSHIPS.

A conciliation court which has been established in St. Louis County may upon the petition of a debtor within its jurisdiction appoint the court administrator to act as personal receiver to receive the personal income of the debtor and distribute it to the debtor and the debtor's creditors in the proportions determined by the court. The debtor must be employed for wages or commissions, have debts without an ability to pay them, have no income except that from the employment, and own only property exempt from execution. There must be a reasonable probability that all indebtedness can be discharged in 24 months. The Supreme Court shall provide by rule for the conduct of the receiverships.

383C.174 [Repealed, 1988 c 491 s 26]
383C.175 [Repealed, 1988 c 491 s 26]

EMPLOYMENT

383C.19 EMERGENCY JOBS PROGRAM.

St. Louis County may establish an emergency employment program to meet the needs of its unemployed residents. The County Board of Commissioners shall establish rules governing the operation of the employment program. Rules shall include but not be limited to number of hours worked, wages, benefits, and methods and terms of payment. Limits imposed by civil service rules shall not apply to an emergency jobs program established under the authority of this section. Service in a St. Louis County emergency jobs program shall not constitute employment under chapter 268 but shall come within the exclusion established in section 268.035, subdivision 20, clause (10), and St. Louis County shall not be liable for contributions to the unemployment insurance program trust fund for participants of an emergency jobs program.


AMBULANCE SERVICE

383C.20 [Repealed, 1988 c 491 s 26]

383C.201 AMBULANCE SERVICE.

The Board of County Commissioners of St. Louis County may contract with the owner, owners, or operators of a licensed ambulance upon such terms and conditions as may be agreed upon between them for the use of ambulance service in the county. The board may appropriate all money necessary to carry out the provisions of this section.

History:

1967 c 531 s 1

383C.202 [Repealed, 1988 c 491 s 26]
383C.203 [Repealed, 1988 c 491 s 26]

HIGHWAYS AND ROADS

383C.23 HIGHWAY LOAD LIMITS.

On all highways under the jurisdiction of the county of St. Louis, if weight and load limitations are imposed by the county board, or the county engineer if so authorized by the board, in accordance with sections 163.02, subdivision 3, and 169.87, no exception shall be made to the weight or load limitations for any vehicles except (1) school buses and (2) public utility vehicles used under emergency conditions, and (3) other vehicles used in an emergency of any nature.

History:

1969 c 425 s 1

383C.231 [Local, Itasca County.]

383C.232 STATE AND OTHER ROAD NUMBERS.

The St. Louis County Board may by resolution provide a suitable method of numbering or otherwise describing the state roads, county roads and town roads within its boundaries, erecting and maintaining an adequate system of road signs thereon and preparing and causing to be circulated an accurate road map of said county, showing thereon such of said roads as said county board shall deem in the public interest. The county board may distribute said road maps free of charge, or may sell the same at cost to civic organizations, automobile clubs or other parties desiring to purchase same for circulation. The expense of any and all such acts and things herein authorized may be paid for by said county board out of the county road and bridge fund and any collections made by said board for any such maps so sold shall be credited to said fund.

383C.233 ROAD EQUIPMENT; RENTALS.

Notwithstanding the provisions of any other law to the contrary, the county of St. Louis may enter into rental purchase agreements or conditional sales agreements for the acquisition of road equipment, provided that under such agreements the seller is confined to the remedy of recovery of property in case of nonpayment of all or part of the purchase price, which shall be payable over a period not to exceed five years.

History:

1971 c 224 s 1

383C.234 REMOVAL OF SNOW.

Subdivision 1.Authority.

The St. Louis County Board may by resolution provide for removal of snow from roadways as provided in this section, and upon conditions and terms and under restrictions as the board may deem proper.

Subd. 2.Application.

Any person desiring to have snow removed from the person's roadway during the ensuing winter shall on or before August 31 of each year, file a petition in form approved by the county board with the board, providing among other things for the payment of the expense by the person, requesting it to render the service. The county board shall forthwith submit the petition to the county engineer who shall inspect the roadway to determine whether or not it would be advisable to permit snow removal equipment to work on it. The determination of the county engineer as to advisability shall be final and not subject to review. The engineer shall file a report with the county board approving or rejecting the petition, on or before October 31 each year.

Subd. 3.File of petitioners.

The board shall, if the report of the engineer is favorable to the removal of snow from the roadway, place the name and address of the petitioners on file and shall forthwith notify each petitioner of the report.

Subd. 4.Equipment not to be used until public highways are cleared.

No snow removal equipment shall be used for the purposes of this section unless and until snow is removed from all roads and highways which the county is charged by law with keeping clear.

Subd. 5.Regulation.

The manner and number of times which machinery shall be used on the roadways shall be determined by the county board, and no person shall have the right to compel the removal of snow from any roadway as described in this section.

Subd. 6.Expenses.

The amount of the expenses shall constitute and be a lien in favor of the county against the land involved, and, unless paid by July first following, shall be certified by the county engineer to the county auditor, and the auditor shall enter them upon the tax books, as an assessment, upon the land. They shall be collected in the same manner that other real estate taxes are collected. The amount of the expenses, when collected, shall be used to reimburse the county for its expenditure.

History:

1988 c 491 s 16

383C.235 ROAD AND BRIDGE MONEY FROM UNORGANIZED TOWNSHIPS.

Notwithstanding section 163.06, subdivision 4, the road and bridge fund tax money collected from unorganized townships in St. Louis County need not be set apart in separate funds for each township. Notwithstanding section 163.06, subdivision 5, road and bridge fund tax money that is collected from the various unorganized townships may be expended by the St. Louis County Board in any of the unorganized townships in the county.

History:

1995 c 47 s 1


LAKES AND RIVERS

383C.26 IMPROVEMENT OF RECREATIONAL FACILITIES.

In St. Louis County the board of county commissioners may appropriate and expend from the general revenue fund, such amount, not to exceed $75,000 annually, as it shall determine for the following purposes:

(1) for the improvement of trails and portages on established state water trails dedicated to public use lying wholly or partially within the county;

(2) for the cleaning, deepening, widening and straightening of the bed of any river or creek to prevent flooding of lands; and

(3) to improve navigable lakes within the county and to mark by buoys and other means, reefs and shallow places in such lakes.

The powers enumerated in this section shall be exercised in accordance with the requirements, if any, of chapter 103G.

History:

1969 c 434 s 1,3; 1988 c 491 s 17; 1990 c 391 art 10 s 3; 2010 c 361 art 4 s 82

383C.261 WATER IMPROVEMENTS.

The St. Louis County Board may appropriate and expend out of the revenue fund of said county a sum annually for the improvement of navigable lakes and streams lying wholly or partly within such county, which improvement may include the marking of dangerous reefs and shallow places in said lakes with proper buoys.


LIQUOR

383C.28 OFF-SALE LICENSES IN CERTAIN PLACES.

(a) Notwithstanding any law to the contrary, the St. Louis County Board may issue one off-sale liquor license to a premises located within Sturgeon Township, with the approval of the commissioner of public safety. The fee for the license shall be fixed by the county board in an amount not to exceed $500 per year. A license issued under this clause shall otherwise be governed by chapter 340A.

(b) The St. Louis County Board may issue one off-sale intoxicating liquor license to a premises located in Clinton Township notwithstanding the town powers requirement of section 340A.405, subdivision 2, paragraph (b). All other requirements of chapter 340A apply to a license issued under this clause.

383C.29 ANGORA TOWNSHIP; OFF-SALE LICENSE.

Notwithstanding any law to the contrary, the county board of St. Louis County may issue an off-sale liquor license to an establishment located within Angora Township, with the approval of the commissioner of public safety. The fee for the license shall be fixed by the county board in an amount not to exceed $500. A license issued pursuant to this section shall otherwise be governed by chapter 340.

History:

1983 c 337 s 3

383C.291 [Repealed, 1988 c 491 s 26]
383C.292 [Repealed, 1988 c 491 s 26]

383C.293 SEASONAL ON-SALE LIQUOR LICENSES.

In addition to the number of licenses permitted by law, the county board of St. Louis County may issue seasonal on-sale licenses for the sale of intoxicating liquor. The fee for such licenses, which shall be valid for a specified period of not to exceed six months, shall be fixed by the county board. Not more than one license shall be issued for any one premises during any consecutive 12-month period. All other provisions of chapter 340A governing the issuance of licenses and the sale of intoxicating liquor shall apply to a license issued pursuant to Laws 1986, chapter 437.

383C.33 [Repealed, 2001 c 150 s 1]
383C.331 [Repealed, 2001 c 150 s 1]
383C.332 [Repealed, 2001 c 150 s 1]
383C.333 [Repealed, 2001 c 150 s 1]
383C.334 [Repealed, 2001 c 150 s 1]
383C.335 [Repealed, 2001 c 150 s 1]
383C.336 [Repealed, 2001 c 150 s 1]
383C.337 [Repealed, 2001 c 150 s 1]
383C.338 [Repealed, 2001 c 150 s 1]
383C.339 [Repealed, 1988 c 491 s 26]
383C.34 [Repealed, 2001 c 150 s 1]

DULUTH ROADS AND BRIDGES

383C.36 COUNTY BOARD MAY EXPEND COUNTY FUNDS IN DULUTH.

The St. Louis County Board may appropriate and expend within the limits of any city of the first class located in such county such sum or sums of money from the county road and bridge fund, as said board shall deem proper, not exceeding one-half the amount that may have been assessed and collected for such road and bridge fund on the taxable property within said city, for the building, repairing, maintaining, or otherwise improving of any road, highway, street or avenue, including the construction and repairing of any bridge thereon, within the limits of any such city, but said county shall in no event and under no circumstances become liable to keep up or maintain the roads, highways, streets, avenues or bridges, or any of them within the limits of such city, constructed, repaired or otherwise improved by said county board, or be liable in any manner for their want of repairs.

383C.361 [Repealed, 1988 c 491 s 26]
383C.362 [Repealed, 1988 c 491 s 26]
383C.363 [Repealed, 1988 c 491 s 26]

SCHOOLS

383C.39 EDUCATION; SCHOOL DISTRICTS; UNORGANIZED TERRITORIES.

Sections 123A.64 to 123A.68 shall not apply to that unorganized territory of St. Louis County which was organized into Independent School District No. 710 pursuant to resolution of the St. Louis County Board of Commissioners June 23, 1970, as amended.

383C.391 [Repealed, 1986 c 466 s 3]

383C.392 GRANTS FOR HOT LUNCHES IN CERTAIN RURAL SCHOOLS.

Subdivision 1.St. Louis County grants.

In St. Louis County, the social services board shall award grants each year for St. Louis County School District No. 710 to carry on a nutrition program in the schools and to provide hot lunches for needy school children. The total amount of the grants shall be not more than $20,000. The county shall appropriate the amount needed each year from the general fund to the social services department.

Subd. 2.

[Repealed, 1988 c 491 s 26]

History:

1986 c 466 s 2


SHERIFF AND LAW ENFORCEMENT

383C.42 JUVENILE DETENTION CENTERS; TAX LEVY.

Subdivision 1.Authority.

To provide necessary funds to construct and maintain county or regional juvenile detention and/or treatment centers and to provide matching funds for any federal, state, or regional grant, the county boards of St. Louis, Carlton, Cook, Lake, Itasca, Koochiching, and Aitkin Counties may levy, annually, a tax upon all taxable property in their respective counties.

Subd. 2.No preclusion.

This section shall in no way preclude the use of any other funds available for this purpose under any existing state statute or any county ordinance or resolution.

Subd. 3.Tax anticipation certificates.

To expedite construction and to avoid loss of federal or state funds, the counties may sell tax anticipation certificates or certificates of indebtedness against a levy to be made under this section or against a levy that has been made but which has not been collected.

383C.421 SPECIAL INVESTIGATOR.

Subdivision 1.Authority.

The county attorney of St. Louis County shall have authority to appoint, with the approval of the county board, a special investigator whose compensation shall be set by the county board and who shall be allowed necessary expenses and mileage incurred in connection with the employment as investigator.

Subd. 2.Salary.

The local social services agency is authorized to pay from welfare funds, the proportionate share of the salary and expenses incurred on local social services agency matters as determined by the county attorney.

Subd. 3.Validation.

The appointment heretofore made of an investigator on the staff of the St. Louis county attorney, and the payment of compensation and expenses as approved by the county board is hereby validated and declared to be legal.

383C.422 BONDS.

The St. Louis County Board may bond deputy sheriffs as the sheriff requests at the expense of the county; when such deputies are so bonded, the sheriff shall be relieved of all financial responsibility for the acts of said deputies.

383C.423 [Repealed, 1988 c 491 s 26]
383C.424 [Repealed, 1988 c 491 s 26]

383C.425 VOLUNTEER RESCUE SQUAD.

The Board of County Commissioners of St. Louis County may authorize the sheriff and any volunteer rescue squad of said county to enter into an agreement to aid and assist the sheriff in auto accidents, rescue work, and other duties of a similar nature; to appropriate money and expend same to carry out the purposes of the agreement including maintenance and replacement of equipment used in said service, but the final agreement must be approved by the said county board.

History:

1959 c 53 s 1


SURVEYS

383C.45 [Repealed, 1988 c 491 s 26]

383C.451 RESURVEYS.

Whenever it shall be made to appear to the satisfaction of the county board that any section post or quarter-section post or other monuments originally fixed and established by the United States in its surveys of the public lands to mark section, quarter-sections and meandered corners have been destroyed or are becoming obscure, the county board may employ a competent surveyor or may direct the county surveyor to relocate and reestablish the same. Such surveyor shall mark each corner reestablished by a sufficient iron or stone landmark and make full and accurate notes and data from which the entire survey can be located, and shall file a certified copy of the same and a map of the same in the office of the county recorder. Such landmarks shall be prima facie evidence that the points where they are located are the section, quarter-section or meandered corners, as the case may be, established by the original United States survey. Before said county board shall employ a surveyor, or direct the county surveyor to relocate and reestablish any such section, quarter-section or meandered corner, the party applying to said board to have the said work done under the direction of said board shall execute and file with the county auditor of said county a good and sufficient bond or undertaking, with sufficient sureties to be approved by the county board, conditioned to pay to said county forthwith on the completion of said survey and the making of full and accurate notes and data from which the entire survey can be relocated, and the filing of a certified copy thereof and the map of said survey in the office of the county recorder, the cost of making the said survey and plat thereof as fixed by said board, and no county board shall order any such survey to be made until such bond or undertaking shall be so filed.

History:

1923 c 441 s 5; 1976 c 181 s 2; 1986 c 444

383C.452 PETITION FOR RESURVEY.

That on the petition of any town board in the case of a township, or at least two taxpayers owning land in any section in the case of a section, filed with the county auditor praying therefor, the county board may cause any such township or section be be surveyed or subdivided.

History:

1923 c 441 s 6

383C.453 HEARING ON PETITION.

At its next regular meeting after such petition is filed, the county board shall fix a time and place of meeting to consider the same, of which three weeks' published notice, containing the substance of the petition, a description of the lands to be affected and the names of the owners thereof as they appeared in the last tax duplicate shall be given. Such notice shall also be personally served on each occupant of land to be affected by such survey.

History:

1923 c 441 s 7

383C.454 SURVEY MAY BE ORDERED.

Upon the hearing of such petition all parties interested may appear and be heard and the board may grant or reject the application. If granted, it shall appoint a competent surveyor to make a survey, with whom a written contract for the performance of the work shall be made, secured by a sufficient bond executed by such surveyor and approved by such board. Two weeks' published notice of the appointment of such surveyor specifying the date when the survey will be begun shall be given. At the time so appointed the work shall be begun and shall continue without unnecessary delay until completed.

History:

1923 c 441 s 8

383C.455 SURVEYOR TO KEEP FIELD NOTES.

Such surveyor shall keep complete and accurate field notes of all the work, giving dates, names of assistants, lengths and relative directions of all lines, a full description of the evidence by which corners are located, and full data by which the entire survey can be relocated. Distances shall be given in feet and decimals thereof. Substantial iron or stone monuments shall be planted at or near all government corners reestablished, and the names of at least three resident witnesses must be given in such notes for each monument. The surveyor shall make a plat upon a strong linen paper, showing all the above-mentioned facts, so far as practicable, and also all tracts of land affected, with the name of the owner and acreage of each tract. Such plat shall have endorsed thereon the affidavit of the surveyor to the effect that such survey and plat are correct and accurate.

History:

1923 c 441 s 9; 1986 c 444

383C.456 PLAT AND FIELD NOTES TO BE FILED.

If the board approves the plat, its certificate of approval, signed by the chair, shall be endorsed thereon, and thereupon the plat and field notes shall be filed in the office of the county recorder, and shall be prima facie evidence that the survey is correct. The surveyor shall pay to the recorder $1 for filing and recording said plat and field notes.

History:

1923 c 441 s 10; 1981 c 181 s 2; 1986 c 444

383C.457 EXPENSE OF SURVEY.

The surveyor shall thereupon make a certified report to the board, showing in detail the entire expense of such survey, which shall be equitably apportioned and assessed by the board to the several tracts affected, which expense may include a reasonable attorney's fee for attending to such proceeding.

History:

1923 c 441 s 11

383C.458 NOTICE OF ASSESSMENT FOR EXPENSE.

Upon making such assessment, the board shall forthwith cause one week's published notice thereof to be given. Such notice shall contain a description of each tract of land affected, and specify the amount assessed against the same, the name of the supposed owner, and the time and place of meeting of the board to correct and confirm such assessment. At the time and place so fixed, the board, after making all proper corrections and adjustments, shall make an order confirming such assessment.

History:

1923 c 441 s 12

383C.459 EXPENSE TO BE ASSESSED AGAINST LAND.

Upon the filing of such order of confirmation, the county auditor shall enter upon the tax duplicate for the current year, against each such tract of land, the amount so assessed against the same, which shall be collected as other taxes, and go into the county revenue fund.

History:

1923 c 441 s 13

383C.46 EXPENSE TO BE PAID FROM COUNTY REVENUE FUND.

After the filing of the order of confirmation, the expense of such survey, not exceeding the amount of the assessment, shall be paid out of the general revenue fund of the county in the same manner as other claims.

History:

1923 c 441 s 14

383C.461 APPEAL TO DISTRICT COURT.

Appeals from the order of confirmation may be taken to the district court by any person aggrieved, in like manner as from the determination of the board in laying out roads. On such appeal the court may inquire into and review all matters relating to the survey or assessment or expenses affecting the party appealing, which are specified in the notice of appeal.

History:

1923 c 441 s 15

383C.462 NOT TO AFFECT AGREED LINES OR ROADS.

Nothing herein shall be construed to authorize the change of any line fixed by agreement of landowners or of any traveled road.

History:

1923 c 441 s 16

383C.463 COUNTY BOARD MAY CONTRACT.

That the county board, if it shall grant the petition for any survey or subdivision of any township or section as herein provided, may appoint the county surveyor of said county in lieu of any other competent surveyor to make the survey petitioned for, and if such county surveyor shall be appointed as the surveyor, it shall not be necessary to make a written contract for the performance of said work. That all the expenses of such survey as made under the direction of said county surveyor, including the value of services as fixed by the county board and a reasonable attorney's fee if one be employed to attend to the legal work in connection with such survey, by either the county surveyor or other surveyor, also to be fixed by said county board, shall be equitably apportioned and assessed by the county board to the several tracts of land affected, in the same manner as though incurred by a surveyor other than the county surveyor.

History:

1923 c 441 s 17; 1986 c 444


TAXES

383C.48 EXEMPTION FROM PROPERTY TAX FOR LEASED PROPERTY.

Property leased from Independent School District No. 692 by a nonprofit organization established for the purpose of providing services and rental space to community organizations and businesses and which donates its revenues that exceed its operating and maintenance costs and necessary reserves to the school district or to a community service fund to be used for educational and recreational purposes within the district, shall not be subject to taxation pursuant to section 272.01, subdivision 2 prior to the leasing or renting of the property from the nonprofit organization to a tenant.

383C.481 [Repealed, 1988 c 491 s 26]

383C.482 TAX SEARCH CERTIFICATES.

Subdivision 1.Auditor to search records; certificates.

The St. Louis County auditor, upon written application of any person, shall search the records of the auditor's office and the county treasurer's office, and ascertain the amount of current tax against any lot or parcel of land described in the application and the existence of all tax liens and tax sales as to the lot or parcel of land, and certify the result of the search under the seal of office, giving the description of the lot or parcel of land, the amount of the current tax, if any, and all tax liens and tax sales shown by such records, and the amount of liens and tax sales, the year of tax covered by the lien, and the date of tax sale. For the purpose of ascertaining the current tax against a lot or parcel of land, the county auditor has the right of access to the records of current taxes in the office of the county treasurer.

Subd. 2.Fees.

For such certificate the county shall receive a compensation of $2 for each lot or parcel of land described in the certificate, which shall be collected by the county auditor. Any number of contiguous tracts of land not exceeding one section, assessed as broad acres, or adjoining lots in the same block, in the city or village, shall be considered as one parcel of land or lot within the meaning of this section. All moneys received by the county auditor under this section shall immediately be paid to the county treasurer as hereinafter provided.

Subd. 3.Tax certificate assurance fund.

In each county described in subdivision 1 hereof, there is hereby created in the county treasury a tax certificate assurance fund.

Subd. 4.Apportionment of proceeds of fees.

Seventy-five cents of each dollar received under this section shall be paid by the county auditor to the credit of the general revenue fund and 25 cents of each dollar so received shall be paid to the credit of the tax certificate assurance fund. Upon request by the county auditor, the county treasurer, with approval of the board, shall invest the moneys in the tax certificate assurance fund in bonds of the United States of America, or bonds or tax anticipation certificates of the state of Minnesota or of any county or municipality thereof. The county treasurer upon request by the county board shall render a full and detailed report showing all receipts and disbursements not theretofore reported, all investments on account of the fund and all assets on hand. When additional moneys may be needed in said fund, the county treasurer, upon request by the county auditor, approved by the county board, is authorized and directed to sell such bonds or tax anticipation certificates belonging to the fund as may be necessary to provide the moneys needed for disbursement.

Subd. 5.Claims for damages.

Any person who without negligence sustains any loss or damage by reason of any omission or mistake of the county auditor or a deputy thereof in a certificate made under authority of this section, may make a claim in writing to the county board setting forth in detail all the facts from which the claim arises, and the amount of loss or damage claimed. The county board shall investigate the claim and may order payment to the claimant, by reason of the claim, of such sum of money from the tax certificate assurance fund as it may deem proper. Acceptance of such payment by the claimant is payment in full of all claims for loss or damage against the county, the county auditor and the auditor's deputies arising out of the tax certificate upon which the claim is predicated.

383C.52 [Repealed, 1988 c 491 s 26]
383C.521 [Repealed, 1988 c 491 s 26]

383C.522 TAX-FORFEITED LANDS; EASEMENT.

Notwithstanding the provisions of any law to the contrary, in St. Louis County when any legal highway or road lies over or adjacent to any parcel of tax-forfeited land which is to be offered for sale, the board of county commissioners may direct that the parcel of tax-forfeited land to be offered for sale shall be offered and sold subject to an easement for highway or road purposes of such government subdivision of the state as has jurisdiction over the road or highway, which easement shall be not less than 50 feet on one or both sides of the centerline of the road or highway, as such board may determine.

History:

1965 c 375 s 1

383C.523 [Repealed, 1988 c 491 s 26]
383C.55 [Repealed, 1988 c 491 s 26]
383C.551 [Repealed, 1988 c 491 s 26]
383C.552 [Repealed, 1988 c 491 s 26]
383C.553 [Repealed, 1988 c 491 s 26]
383C.554 [Repealed, 1988 c 491 s 26]

383C.555 MAY LEVY TO MAINTAIN, SUPPORT COUNTY EXTENSION WORK.

Subdivision 1.Levy.

Notwithstanding the limitation in section 38.36, the county board of St. Louis County may annually levy any amount necessary for maintenance and support of county extension work.

Subd. 2.

[Repealed, 1988 c 491 s 26]

383C.556 [Repealed, 1988 c 491 s 26]
383C.557 [Repealed, 1988 c 491 s 26]

TRAVEL EXPENSES

383C.58 TRAVEL EXPENSE OF COMMISSIONERS.

Each of the county commissioners shall be allowed and paid in addition to said salary, actual and necessary traveling expenses incurred and personally paid in the discharge of official duties. Such traveling expenses shall be allowed by the county board upon duly verified and itemized bills in the same manner as other claims against the county.

History:

1951 c 391 s 2; 1983 c 186 s 3; 1986 c 444

383C.581 AUTOMOBILE EXPENSE OF COMMISSIONERS.

County commissioners of St. Louis County are hereby authorized to pay themselves when they submit a certified claim to the board, for the use of their privately owned cars used in county business at the rate permitted by law, from the road and bridge fund of their respective districts, and said payments shall be over and above their general expenses for county business authorized by section 383C.58.

383C.582 COMMISSIONERS; TRAVEL EXPENSE; ALLOCATION.

In St. Louis County the total of traveling expenses allowable to all the county commissioners in the discharge of their official duties by section 383C.58, may be apportioned and allocated to the individual commissioners according to their needs as determined by the county board.

History:

1969 c 166 s 1

383C.61 [Repealed, 1988 c 491 s 26]
383C.611 [Repealed, 1988 c 491 s 26]
383C.612 [Repealed, 1988 c 491 s 26]
383C.613 [Repealed, 1988 c 491 s 26]
383C.64 [Repealed, 1988 c 491 s 26]
383C.641 [Repealed, 1988 c 491 s 26]
383C.642 [Repealed, 1988 c 491 s 26]
383C.643 [Repealed, 1988 c 491 s 26]
383C.644 [Repealed, 1988 c 491 s 26]
383C.645 [Repealed, 1988 c 491 s 26]
383C.646 [Repealed, 1988 c 491 s 26]
383C.647 [Repealed, 1988 c 491 s 26]
383C.648 [Repealed, 1988 c 491 s 26]
383C.649 [Repealed, 1988 c 491 s 26]
383C.65 [Repealed, 1988 c 491 s 26]
383C.651 [Repealed, 1988 c 491 s 26]
383C.66 [Repealed, 1988 c 491 s 26]
383C.67 [Repealed, 1988 c 491 s 26]
383C.671 [Repealed, 1988 c 491 s 26]
383C.672 [Repealed, 1988 c 491 s 26]
383C.673 [Repealed, 1988 c 491 s 26]
383C.674 [Repealed, 1988 c 491 s 26]
383C.675 [Repealed, 1988 c 491 s 26]
383C.676 [Repealed, 1988 c 491 s 26]
383C.677 [Repealed, 1988 c 491 s 26]

MISCELLANEOUS

383C.70 PROMOTIONAL BUREAU; TORT LIABILITY.

The St. Louis County promotional bureau discharges wholly public functions equivalent to those of a county agricultural society and its tort liability is that provided by section 38.013 and chapter 466.

History:

1984 c 395 s 1

383C.71 WARRANTS AND ACCOUNTS.

Notwithstanding any provision in Minnesota Statutes 1967, section 383.06, which may indicate the contrary, all of the provisions of such section shall apply to the county of St. Louis.

History:

1969 c 233 s 1

383C.72 DONATION OF STATE LANDS; GOVERNOR'S DUTIES.

Notwithstanding the provisions of any law to the contrary, the governor after consulting with the commissioner of natural resources and, in regard to lands forfeited to the state for nonpayment of taxes and held in trust by the state for taxing districts, the commissioner of revenue, may donate and convey to the United States of America the state's interest in the following lands lying within township 57 north, range 13 west, township 57 north, range 14 west, township 58 north, range 13 west, and township 58 north, range 14 west, all within St. Louis County: (a) lands forfeited to the state for nonpayment of taxes and held in trust by the state for taxing districts; and (b) other lands acquired or otherwise owned by the state. Each conveyance of these lands shall contain the following:

(1) a provision that the lands shall revert to the state of Minnesota if the lands so conveyed are not used for national forest or national park purposes;

(2) a reservation to the state of all minerals and water power rights;

(3) a provision that the conveyance is subject to the rights of any person having an interest in the land on the date of conveyance pursuant to state lease, license, or permit; and

(4) any other provisions required by the laws of the state of Minnesota or the United States of America. Lands shall be conveyed and donated under this section only to the extent necessary to maximize the amount of funds available to St. Louis County from the United States of America for the construction and maintenance of proposed Forest Highway Number 11 between Hoyt Lakes, Minnesota, and County State Aid Highway Number 16 near Lake Codette.

383C.721 TRUST FUND LAND; CONDEMNATION.

For the purpose of satisfying the public sale requirements of Minnesota Constitution, article VIII, section 4, and other applicable provisions of Minnesota's Constitution, including but not limited to article IV, section 32, and in keeping with the decision of the Minnesota Supreme Court in the case of Independent School District of Virginia v. State, 124 Minn. 271, where the court held that condemnation satisfied the public sale requirement of the Minnesota Constitution, the commissioner of administration shall acquire, by condemnation, fee title to all trust lands to be conveyed to the United States of America pursuant to section 383C.72. The commissioner of administration shall not condemn the interests of any person holding a lease, license, or permit from the state in the lands condemned. Before any parcel of trust fund land is donated to the United States, the commissioner of administration shall certify to the governor that the parcel has been condemned, the condemnation award has been paid, and the time to appeal from the award has expired. The commissioner of administration shall certify the payment of a condemnation award to the St. Louis County auditor, whereupon the St. Louis County auditor shall reimburse the state of Minnesota from county funds for the amount of that award.

History:

1973 c 276 s 2

383C.722 ADD SECTION 383C.72 LAND VALUE TO SECTION 282.08 SPLIT.

The commissioner of administration shall also acquire fee title, free from any trust or other encumbrance, to all land to be conveyed and donated to the United States of America under section 383C.72, the title to which has vested or may vest in the state due to nonpayment of taxes and expiration of the period for redemption, after the giving of notice thereof as provided by law, and is held by the state pursuant to section 281.25, in trust for the respective taxing districts interested in the taxes, assessments, penalties, interest, and costs accrued against the land at the time of expiration of the period of redemption. The commissioner of administration, in cooperation with the commissioner of natural resources, shall appraise the land at its fair market value. Upon determining the value of the land, the commissioner of administration shall certify that value to the St. Louis county auditor. The St. Louis County auditor shall then apportion an amount of money equal to that certified valuation in the manner provided in section 282.08, for the apportionment of proceeds from the sale of tax-forfeited lands, whereupon fee title to the land, free from any trust or other encumbrance, shall vest in the state of Minnesota.

History:

1973 c 276 s 3

383C.725 RECORDER'S FEES.

In St. Louis County the following fees supersede those provided by the cited provisions of Minnesota Statutes:

Section 357.18, clause (1), a minimum fee of $15.

History:

1989 c 240 s 8

383C.73 COUNTY HISTORICAL SOCIETIES.

St. Louis County may provide funds and facilities for more than one historical society of which shall be subject to the provisions of sections 138.051, 138.052, and 138.053 and other laws governing the conduct of county historical societies.

History:

1982 c 507 s 29

383C.74 HISTORICAL WORK.

Subdivision 1.Appropriation.

The St. Louis County Board may appropriate from the treasury of the county a sum not to exceed $2,500 each year for the promotion of historical work within its borders.

Subd. 2.Minnesota State Historical Society.

Said sum shall be so appropriated for the use of a historical society organized in said county and devoted to the collection, preservation and publication of historical material, the dissemination of historical information and in general carrying on historical work, said society to be designated by the Minnesota State Historical Society.

Subd. 3.Purpose of appropriation.

The work of said historical society shall be done in the county making such appropriation and in reference to the history of said county and all facts relevant thereto.

Subd. 4.Money to remain in county treasury.

The money appropriated as aforesaid shall remain in the treasury of the county and be paid out in payment of expense incurred by said county historical society for the purposes above indicated on verified bills approved by said local society according to its rules, in the same way that county bills are paid. Said appropriation shall be available for expense occurring in any year although not paid until the succeeding year. Any unused portion of any appropriation for any year shall revert to the funds of the county. Said appropriation shall be effective only for the year in which it is made.

Subd. 5.Minnesota War Record Commission.

It shall be lawful for the county historical society, designated as aforesaid, by the Minnesota Historical Society to carry on the work of the Minnesota War Records Commission in its county and to receive, on and after the year 1923, possession of all local war records of any local war records commission of its county subject to the approval of the state war records commission and the Minnesota Historical Society.

383C.75 AUTOMOBILE GARAGE AND REPAIR SHOP.

The St. Louis County Board, whenever it determines it to be necessary and for the best interests of the county, may erect and maintain on the courthouse grounds at the county seat, an automobile storage garage and repair shop with such equipment therein as may be found necessary by the county board, and without submitting the proposition to a vote of the people of said county, for the purpose of storing therein automobiles, trucks, and other equipment owned and used by the county in road work and for other purposes; and to pay the cost of erecting and equipping the building out of the general fund and the road and bridge fund of the county in the same manner as other general expenses of the county are paid.

383C.76 [Repealed, 1988 c 491 s 26]
383C.77 [Repealed, 1988 c 491 s 26]
383C.78 [Repealed, 1993 c 375 art 5 s 43]

383C.79 TEMPORARY TOILETS FOR SMELTERS; DNR MAY REIMBURSE.

Subdivision 1.Toilet facilities.

The county boards of Lake and St. Louis Counties acting separately or jointly shall provide temporary toilet facilities and other environmental protection measures in the most practical locations as they determine along the north shore of Lake Superior during the time when the smelt season is open. The counties in providing such toilet facilities shall contract for or lease such facilities for the period of time required.

Subd. 2.Reimbursement.

The commissioner of natural resources may reimburse the county of St. Louis and the county of Lake for actual expenditures for carrying out the provisions of this section.

383C.797 ST. LOUIS COUNTY; 7TH COUNTY COMMISSIONER DISTRICT.

The area of St. Louis County previously organized as the township of Payne and now part of the township of Meadowlands is assigned to the 7th county commissioner district for all purposes until the next decennial redistricting.

History:

1994 c 384 s 1

383C.80 [Repealed, 1988 c 491 s 26]
383C.801 [Repealed, 1988 c 491 s 26]
383C.802 [Repealed, 1988 c 491 s 26]
383C.803 [Repealed, 1988 c 491 s 26]
383C.804 [Repealed, 1988 c 491 s 26]
383C.805 [Repealed, 1988 c 491 s 26]

383C.806 POLLING PLACE; EVERGREEN FIREHALL.

At each general election and primary, St. Louis County shall provide a polling place at the Evergreen Fire Department firehall in Township 60N, R19.

History:

1988 c 451 s 1

383C.807 MAY CONTRACT FOR SOLID WASTE MANAGEMENT SERVICES.

Subdivision 1.With or without bids.

Notwithstanding section 471.345 or other law, St. Louis County may contract for the acquisition, construction, improvement, maintenance, or management operation of solid waste facilities or property or property rights for solid waste facilities by any means available and in any manner determined by the St. Louis County Board, with or without advertisement for bids.

Subd. 2.Cities, towns singly or jointly may provide.

Towns and home rule charter or statutory cities within service areas determined under section 400.08, subdivision 2, may contract with St. Louis County to provide solid waste management, maintenance, or operation services at solid waste facilities. Towns and cities within a service area may form a joint board to provide the solid waste services to the county by contract.

Subd. 3.County board acts for unorganized territories.

For the purposes of solid waste management including, but not limited to, the acquisition, construction, improvement, maintenance, or operation of solid waste facilities or property or property rights for solid waste facilities, the St. Louis County Board acts for its unorganized territories. An act of the county board in providing solid waste management services to unorganized townships is as valid as a similar act of a town board or meeting.

383C.808 TELEVISION SERVICE; COSTS.

St. Louis County may assess the cost of maintenance of television relay service upon residents of the following townships in St. Louis County who use the service: T67N, R19W; T67N, R20W; T67N, R21W; T68N, R19W; T68N, R20W; T68N, R21W; T69N, R19W; T69N, R20W; T69N, R21W; T70N, R19W; T70N, R20W; T70N, R21W; T71N, R20W; T71N, R21W. The costs shall be assessed annually against improved property and may be billed directly to them or collected with the property tax levied on real property owned by users. The costs must not be apportioned on the value of the property, but on the basis of the services provided. If the assessment is billed directly, it may be collected in the same manner as any other debt. If the assessment is collected with the property tax, it shall be administered as far as possible in the same manner as the property tax and be subject to the same penalties and conditions.

History:

1989 c 240 s 9

383C.809 ST. LOUIS COUNTY; PARTITION FENCE CONTROVERSIES.

Notwithstanding chapter 344, when an owner or occupant of land in St. Louis County applies to the fence viewers for settlement of a partition fence controversy under chapter 344, the fence viewers shall not require an owner or occupant who can establish to the fence viewers that the establishing owner or occupant has no need for a fence to pay any share of the cost of construction or maintenance of the fence. If an owner or occupant is exempt from payment of any of the costs of a partition fence because the owner or occupant does not need the fence, but that owner's or occupant's circumstances change to include the need for a partition fence within seven years of completion of the partition fence, either owner or occupant may request the fence viewers to perform a reevaluation and reassignment of shares of the cost of construction and maintenance in accordance with section 344.06. If the landowners or occupants disagree about the need for a fence, it is a controversy under that section. A decision by the fence viewers of a controversy relating to a partition fence may include an assignment of shares of the cost of construction, repair, or maintenance of a partition fence in accordance with the need and benefit of each party. Except as provided in this section, all other controversies relating to partition fences shall conform to chapter 344.

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