Bill Text: MN HF2893 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Clay County; office of auditor-treasurer made appointive.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-15 - Introduction and first reading, referred to Government Operations and Elections [HF2893 Detail]
Download: Minnesota-2011-HF2893-Introduced.html
1.2relating to counties; providing a process for making the office of county
1.3auditor-treasurer appointive in Clay County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. CLAY COUNTY AUDITOR-TREASURER OFFICE MAY BE
1.6APPOINTED.
1.7 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.8Statutes, section 382.01, upon adoption of a resolution by the Clay County Board of
1.9Commissioners, the office of county auditor-treasurer is not elective but must be filled by
1.10appointment by the county board as provided in the resolution.
1.11 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.12a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.13the duties of an elected official required by statute whose office is made appointive as
1.14authorized by this section must be discharged by the county board of commissioners
1.15acting through a department head appointed by the board for that purpose. Reorganization,
1.16reallocation, delegation, or other administrative change or transfer does not diminish,
1.17prohibit, or avoid the discharge of duties required by statute.
1.18 Subd. 3. Incumbents to complete term. The person elected at the last general
1.19election to an office made appointive under this section must serve in that capacity and
1.20perform the duties, functions, and responsibilities required by statute until the completion
1.21of the term of office to which the person was elected or until a vacancy occurs in the
1.22office, whichever occurs earlier.
1.23 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
1.24the resolution to provide for the appointment of the county auditor-treasurer, the county
2.1board must publish a proposed resolution notifying the public of its intent to consider the
2.2issue once each week for two consecutive weeks in the official publication of the county.
2.3Following publication and prior to formally adopting the resolution, the county board shall
2.4provide an opportunity at its next regular meeting for public comment relating to the issue.
2.5After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.6county board of commissioners may adopt a resolution that provides for the appointment
2.7of the county auditor-treasurer as permitted in this section. The resolution must be
2.8approved by at least 80 percent of the members of the county board. The resolution may
2.9take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.10petition is filed as provided in paragraph (b).
2.11(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.12a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.13by at least ten percent of the registered voters of the county. The petition must meet
2.14the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.15204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.16the question of appointing the county auditor-treasurer must be placed on the ballot at a
2.17regular or special election. If a majority of the voters of the county voting on the question
2.18vote in favor of appointment, the resolution may be implemented.
2.19 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.20to provide for the election of an office made an appointed position under this section, but
2.21not until at least three years after the office was made an appointed position. The county
2.22board must publish a proposed resolution notifying the public of its intent to consider the
2.23issue once each week for two consecutive weeks in the official publication of the county.
2.24Following publication and before formally adopting the resolution, the county board must
2.25provide an opportunity at its next regular meeting for public comment relating to the
2.26issue. After the public comment hearing, the county board may adopt the resolution. The
2.27resolution must be approved by at least 60 percent of the members of the county board and
2.28is effective August 1 following adoption of the resolution.
2.29(b) The question of whether an office made an appointed position under this section
2.30must be made an elected office must be placed on the ballot at the next general election
2.31if (1) the position has been an appointed position for at least three years, (2) a petition
2.32signed by at least ten percent of the registered voters of the county is filed with the office
2.33of the county auditor-treasurer by August 1 of the year in which the general election is
2.34held, and (3) the petition meets the requirements of the secretary of state, as provided in
2.35Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
2.36If 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 Clay County Board
3.4of Commissioners and its chief clerical officer timely complete their compliance with
3.5Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3auditor-treasurer appointive in Clay County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. CLAY COUNTY AUDITOR-TREASURER OFFICE MAY BE
1.6APPOINTED.
1.7 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.8Statutes, section 382.01, upon adoption of a resolution by the Clay County Board of
1.9Commissioners, the office of county auditor-treasurer is not elective but must be filled by
1.10appointment by the county board as provided in the resolution.
1.11 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.12a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.13the duties of an elected official required by statute whose office is made appointive as
1.14authorized by this section must be discharged by the county board of commissioners
1.15acting through a department head appointed by the board for that purpose. Reorganization,
1.16reallocation, delegation, or other administrative change or transfer does not diminish,
1.17prohibit, or avoid the discharge of duties required by statute.
1.18 Subd. 3. Incumbents to complete term. The person elected at the last general
1.19election to an office made appointive under this section must serve in that capacity and
1.20perform the duties, functions, and responsibilities required by statute until the completion
1.21of the term of office to which the person was elected or until a vacancy occurs in the
1.22office, whichever occurs earlier.
1.23 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
1.24the resolution to provide for the appointment of the county auditor-treasurer, the county
2.1board must publish a proposed resolution notifying the public of its intent to consider the
2.2issue once each week for two consecutive weeks in the official publication of the county.
2.3Following publication and prior to formally adopting the resolution, the county board shall
2.4provide an opportunity at its next regular meeting for public comment relating to the issue.
2.5After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.6county board of commissioners may adopt a resolution that provides for the appointment
2.7of the county auditor-treasurer as permitted in this section. The resolution must be
2.8approved by at least 80 percent of the members of the county board. The resolution may
2.9take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.10petition is filed as provided in paragraph (b).
2.11(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.12a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.13by at least ten percent of the registered voters of the county. The petition must meet
2.14the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.15204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.16the question of appointing the county auditor-treasurer must be placed on the ballot at a
2.17regular or special election. If a majority of the voters of the county voting on the question
2.18vote in favor of appointment, the resolution may be implemented.
2.19 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.20to provide for the election of an office made an appointed position under this section, but
2.21not until at least three years after the office was made an appointed position. The county
2.22board must publish a proposed resolution notifying the public of its intent to consider the
2.23issue once each week for two consecutive weeks in the official publication of the county.
2.24Following publication and before formally adopting the resolution, the county board must
2.25provide an opportunity at its next regular meeting for public comment relating to the
2.26issue. After the public comment hearing, the county board may adopt the resolution. The
2.27resolution must be approved by at least 60 percent of the members of the county board and
2.28is effective August 1 following adoption of the resolution.
2.29(b) The question of whether an office made an appointed position under this section
2.30must be made an elected office must be placed on the ballot at the next general election
2.31if (1) the position has been an appointed position for at least three years, (2) a petition
2.32signed by at least ten percent of the registered voters of the county is filed with the office
2.33of the county auditor-treasurer by August 1 of the year in which the general election is
2.34held, and (3) the petition meets the requirements of the secretary of state, as provided in
2.35Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
2.36If 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 Clay County Board
3.4of Commissioners and its chief clerical officer timely complete their compliance with
3.5Minnesota Statutes, section 645.021, subdivisions 2 and 3.
