Bill Text: MN HF2359 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dodge County; retention election required for persons appointed to county offices, and process provided to make the county recorder appointive.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-04 - HF indefinitely postponed [HF2359 Detail]
Download: Minnesota-2011-HF2359-Introduced.html
Bill Title: Dodge County; retention election required for persons appointed to county offices, and process provided to make the county recorder appointive.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-04 - HF indefinitely postponed [HF2359 Detail]
Download: Minnesota-2011-HF2359-Introduced.html
1.2relating to counties; providing a process for making the county recorder
1.3appointive in Dodge County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. DODGE COUNTY RECORDER MAY BE APPOINTED.
1.6 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.7Statutes, section 382.01, upon adoption of a resolution by the Dodge County Board
1.8of Commissioners, the office of county recorder is not elective but must be filled by
1.9appointment by the county board as provided in the resolution.
1.10 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.11a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.12the duties of an elected official required by statute whose office is made appointive as
1.13authorized by this section must be discharged by the county board of commissioners
1.14acting through a department head appointed by the board for that purpose. Reorganization,
1.15reallocation, delegation, or other administrative change or transfer does not diminish,
1.16prohibit, or avoid the discharge of duties required by statute.
1.17 Subd. 3. Incumbents to complete term. The person elected at the last general
1.18election to an office made appointive under this section must serve in that capacity and
1.19perform the duties, functions, and responsibilities required by statute until the completion
1.20of the term of office to which the person was elected or until a vacancy occurs in the
1.21office, whichever occurs earlier.
1.22 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
1.23of the resolution to provide for the appointment of the county recorder, the county board
1.24must publish a proposed resolution notifying the public of its intent to consider the issue
2.1once each week for two consecutive weeks in the official publication of the county.
2.2Following publication and prior to formally adopting the resolution, the county board shall
2.3provide an opportunity at its next regular meeting for public comment relating to the issue.
2.4After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.5county board of commissioners may adopt a resolution that provides for the appointment
2.6of the county recorder as permitted in this section. The resolution must be approved by
2.7at least 80 percent of the members of the county board. The resolution may take effect
2.860 days after it is adopted, or at a later date stated in the resolution, unless a petition is
2.9filed as provided in paragraph (b).
2.10(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.11a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.12by at least ten percent of the registered voters of the county. The petition must meet
2.13the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.14204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.15question of appointing the county recorder must be placed on the ballot at a regular or
2.16special election. If a majority of the voters of the county voting on the question vote in
2.17favor of appointment, the resolution may be implemented.
2.18 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.19to provide for the election of an office made an appointed position under this section, but
2.20not until at least three years after the office was made an appointed position. The county
2.21board must publish a proposed resolution notifying the public of its intent to consider the
2.22issue once each week for two consecutive weeks in the official publication of the county.
2.23Following publication and before formally adopting the resolution, the county board must
2.24provide an opportunity at its next regular meeting for public comment relating to the
2.25issue. After the public comment hearing, the county board may adopt the resolution. The
2.26resolution must be approved by at least 60 percent of the members of the county board and
2.27is effective August 1 following adoption of the resolution.
2.28(b) The question of whether an office made an appointed position under this section
2.29must be made an elected office must be placed on the ballot at the next general election
2.30if (1) the position has been an appointed position for at least three years, (2) a petition
2.31signed by at least ten percent of the registered voters of the county is filed with the office
2.32of the county auditor-treasurer by August 1 of the year in which the general election is
2.33held, and (3) the petition meets the requirements of the secretary of state, as provided in
2.34Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
2.35If a majority of the voters of the county voting on the question vote in favor of making
3.1the office an elected position, the election for that office must be held at the next regular
3.2or special election.
3.3EFFECTIVE DATE.This section is effective the day after the Dodge County
3.4Board of Commissioners and its chief clerical officer timely complete their compliance
3.5with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3appointive in Dodge County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. DODGE COUNTY RECORDER MAY BE APPOINTED.
1.6 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.7Statutes, section 382.01, upon adoption of a resolution by the Dodge County Board
1.8of Commissioners, the office of county recorder is not elective but must be filled by
1.9appointment by the county board as provided in the resolution.
1.10 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.11a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.12the duties of an elected official required by statute whose office is made appointive as
1.13authorized by this section must be discharged by the county board of commissioners
1.14acting through a department head appointed by the board for that purpose. Reorganization,
1.15reallocation, delegation, or other administrative change or transfer does not diminish,
1.16prohibit, or avoid the discharge of duties required by statute.
1.17 Subd. 3. Incumbents to complete term. The person elected at the last general
1.18election to an office made appointive under this section must serve in that capacity and
1.19perform the duties, functions, and responsibilities required by statute until the completion
1.20of the term of office to which the person was elected or until a vacancy occurs in the
1.21office, whichever occurs earlier.
1.22 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
1.23of the resolution to provide for the appointment of the county recorder, the county board
1.24must publish a proposed resolution notifying the public of its intent to consider the issue
2.1once each week for two consecutive weeks in the official publication of the county.
2.2Following publication and prior to formally adopting the resolution, the county board shall
2.3provide an opportunity at its next regular meeting for public comment relating to the issue.
2.4After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.5county board of commissioners may adopt a resolution that provides for the appointment
2.6of the county recorder as permitted in this section. The resolution must be approved by
2.7at least 80 percent of the members of the county board. The resolution may take effect
2.860 days after it is adopted, or at a later date stated in the resolution, unless a petition is
2.9filed as provided in paragraph (b).
2.10(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.11a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.12by at least ten percent of the registered voters of the county. The petition must meet
2.13the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.14204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.15question of appointing the county recorder must be placed on the ballot at a regular or
2.16special election. If a majority of the voters of the county voting on the question vote in
2.17favor of appointment, the resolution may be implemented.
2.18 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.19to provide for the election of an office made an appointed position under this section, but
2.20not until at least three years after the office was made an appointed position. The county
2.21board must publish a proposed resolution notifying the public of its intent to consider the
2.22issue once each week for two consecutive weeks in the official publication of the county.
2.23Following publication and before formally adopting the resolution, the county board must
2.24provide an opportunity at its next regular meeting for public comment relating to the
2.25issue. After the public comment hearing, the county board may adopt the resolution. The
2.26resolution must be approved by at least 60 percent of the members of the county board and
2.27is effective August 1 following adoption of the resolution.
2.28(b) The question of whether an office made an appointed position under this section
2.29must be made an elected office must be placed on the ballot at the next general election
2.30if (1) the position has been an appointed position for at least three years, (2) a petition
2.31signed by at least ten percent of the registered voters of the county is filed with the office
2.32of the county auditor-treasurer by August 1 of the year in which the general election is
2.33held, and (3) the petition meets the requirements of the secretary of state, as provided in
2.34Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
2.35If a majority of the voters of the county voting on the question vote in favor of making
3.1the office an elected position, the election for that office must be held at the next regular
3.2or special election.
3.3EFFECTIVE DATE.This section is effective the day after the Dodge County
3.4Board of Commissioners and its chief clerical officer timely complete their compliance
3.5with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
