Bill Text: MN SF1880 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Dodge county recorder office appointment provisions authorization; Clay and Jackson counties auditor-treasurer office appointment provisions authorization; Kandiyohi county recorder and auditor-treasurer appointment provisions authorization
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-04-04 - Second reading [SF1880 Detail]
Download: Minnesota-2011-SF1880-Engrossed.html
1.2relating to counties; providing a process for making certain county offices
1.3appointive in Dodge, Clay, Kandiyohi, and Jackson Counties.
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.
3.6 Sec. 2. CLAY COUNTY AUDITOR-TREASURER OFFICE MAY BE
3.7APPOINTED.
3.8 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
3.9Statutes, section 382.01, upon adoption of a resolution by the Clay County Board of
3.10Commissioners, the office of county auditor-treasurer is not elective but must be filled by
3.11appointment by the county board as provided in the resolution.
3.12 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.13a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.14the duties of an elected official required by statute whose office is made appointive as
3.15authorized by this section must be discharged by the county board of commissioners
3.16acting through a department head appointed by the board for that purpose. Reorganization,
3.17reallocation, delegation, or other administrative change or transfer does not diminish,
3.18prohibit, or avoid the discharge of duties required by statute.
3.19 Subd. 3. Incumbents to complete term. The person elected at the last general
3.20election to an office made appointive under this section must serve in that capacity and
3.21perform the duties, functions, and responsibilities required by statute until the completion
3.22of the term of office to which the person was elected or until a vacancy occurs in the
3.23office, whichever occurs earlier.
3.24 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
3.25the resolution to provide for the appointment of the county auditor-treasurer, the county
3.26board must publish a proposed resolution notifying the public of its intent to consider the
3.27issue once each week for two consecutive weeks in the official publication of the county.
3.28Following publication and prior to formally adopting the resolution, the county board shall
3.29provide an opportunity at its next regular meeting for public comment relating to the issue.
3.30After the public comment opportunity, at the same meeting or a subsequent meeting, the
3.31county board of commissioners may adopt a resolution that provides for the appointment
3.32of the county auditor-treasurer as permitted in this section. The resolution must be
3.33approved by at least 80 percent of the members of the county board. The resolution may
3.34take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
3.35petition is filed as provided in paragraph (b).
4.1(b) Within 60 days after the county board adopts the resolution, a petition requesting
4.2a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.3by at least ten percent of the registered voters of the county. The petition must meet
4.4the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.5204B.071, and any rules adopted to implement that section. If the petition is sufficient,
4.6the question of appointing the county auditor-treasurer must be placed on the ballot at a
4.7regular or special election. If a majority of the voters of the county voting on the question
4.8vote in favor of appointment, the resolution may be implemented.
4.9 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.10to provide for the election of an office made an appointed position under this section, but
4.11not until at least three years after the office was made an appointed position. The county
4.12board must publish a proposed resolution notifying the public of its intent to consider the
4.13issue once each week for two consecutive weeks in the official publication of the county.
4.14Following publication and before formally adopting the resolution, the county board must
4.15provide an opportunity at its next regular meeting for public comment relating to the
4.16issue. After the public comment hearing, the county board may adopt the resolution. The
4.17resolution must be approved by at least 60 percent of the members of the county board and
4.18is effective August 1 following adoption of the resolution.
4.19(b) The question of whether an office made an appointed position under this section
4.20must be made an elected office must be placed on the ballot at the next general election
4.21if (1) the position has been an appointed position for at least three years, (2) a petition
4.22signed by at least ten percent of the registered voters of the county is filed with the office
4.23of the county auditor-treasurer by August 1 of the year in which the general election is
4.24held, and (3) the petition meets the requirements of the secretary of state, as provided in
4.25Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.26If a majority of the voters of the county voting on the question vote in favor of making
4.27the office an elected position, the election for that office must be held at the next regular
4.28or special election.
4.29EFFECTIVE DATE.This section is effective the day after the Clay County Board
4.30of Commissioners and its chief clerical officer timely complete their compliance with
4.31Minnesota Statutes, section 645.021, subdivisions 2 and 3.
4.32 Sec. 3. KANDIYOHI COUNTY OFFICES MAY BE APPOINTED.
4.33 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
4.34Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi County Board of
5.1Commissioners, the offices of county recorder and auditor-treasurer are not elective but
5.2must be filled by appointment by the county board as provided in the resolution.
5.3 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
5.4a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
5.5the duties required by statute of an elected official whose office is made appointive as
5.6authorized by this section must be discharged by the county board of commissioners
5.7acting through a department head appointed by the board for that purpose. Reorganization,
5.8reallocation, delegation, or other administrative change or transfer does not diminish,
5.9prohibit, or avoid the discharge of duties required by statute.
5.10 Subd. 3. Incumbents to complete term. The person elected at the last general
5.11election to an office made appointive under this section must serve in that capacity and
5.12perform the duties, functions, and responsibilities required by statute until the completion
5.13of the term of office to which the person was elected or until a vacancy occurs in the
5.14office, whichever occurs earlier.
5.15 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
5.16the resolution to provide for the appointment of the county recorder or auditor-treasurer,
5.17the county board must publish a proposed resolution notifying the public of its intent to
5.18consider the issue once each week for two consecutive weeks in the official publication of
5.19the county. Following publication and prior to formally adopting the resolution, the county
5.20board shall provide an opportunity at its next regular meeting for public comment relating
5.21to the issue. After the public comment opportunity, at the same meeting or a subsequent
5.22meeting, the county board of commissioners may adopt a resolution that provides for the
5.23appointment of the county recorder or auditor-treasurer as permitted in this section. The
5.24resolution must be approved by at least 80 percent of the members of the county board.
5.25The resolution may take effect 60 days after it is adopted, or at a later date stated in the
5.26resolution, unless a petition is filed as provided in paragraph (b).
5.27(b) Within 60 days after the county board adopts the resolution, a petition requesting
5.28a referendum may be filed with the county auditor-treasurer. The petition must be signed
5.29by at least ten percent of the registered voters of the county. The petition must meet
5.30the requirements of the secretary of state, as provided in Minnesota Statutes, section
5.31204B.071, and any rules adopted to implement that section. If the petition is sufficient,
5.32the question of appointing the county recorder or auditor-treasurer must be placed on the
5.33ballot at a regular or special election. If a majority of the voters of the county voting on
5.34the question vote in favor of appointment, the resolution may be implemented.
5.35 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
5.36to provide for the election of an office made an appointed position under this section, but
6.1not until at least three years after the office was made an appointed position. The county
6.2board must publish a proposed resolution notifying the public of its intent to consider the
6.3issue once each week for two consecutive weeks in the official publication of the county.
6.4Following publication and before formally adopting the resolution, the county board must
6.5provide an opportunity at its next regular meeting for public comment relating to the
6.6issue. After the public comment hearing, the county board may adopt the resolution. The
6.7resolution must be approved by at least 60 percent of the members of the county board and
6.8is effective August 1 following adoption of the resolution.
6.9(b) The question of whether an office made an appointed position under this section
6.10must be made an elected office must be placed on the ballot at the next general election
6.11if (1) the position has been an appointed position for at least three years, (2) a petition
6.12signed by at least ten percent of the registered voters of the county is filed with the office
6.13of the county auditor-treasurer by August 1 of the year in which the general election is
6.14held, and (3) the petition meets the requirements of the secretary of state, as provided in
6.15Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
6.16If a majority of the voters of the county voting on the question vote in favor of making
6.17the office an elected position, the election for that office must be held at the next regular
6.18or special election.
6.19EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
6.20Board of Commissioners and its chief clerical officer timely complete their compliance
6.21with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
6.22 Sec. 4. JACKSON COUNTY AUDITOR-TREASURER OFFICE MAY BE
6.23APPOINTED.
6.24 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
6.25Statutes, section 382.01, upon adoption of a resolution by the Jackson County Board of
6.26Commissioners, the office of county auditor-treasurer is not elective but must be filled by
6.27appointment by the county board as provided in the resolution.
6.28 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
6.29a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
6.30the duties of an elected official required by statute whose office is made appointive as
6.31authorized by this section must be discharged by the county board of commissioners
6.32acting through a department head appointed by the board for that purpose. Reorganization,
6.33reallocation, delegation, or other administrative change or transfer does not diminish,
6.34prohibit, or avoid the discharge of duties required by statute.
7.1 Subd. 3. Incumbents to complete term. The person elected at the last general
7.2election to an office made appointive under this section must serve in that capacity and
7.3perform the duties, functions, and responsibilities required by statute until the completion
7.4of the term of office to which the person was elected or until a vacancy occurs in the
7.5office, whichever occurs earlier.
7.6 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
7.7the resolution to provide for the appointment of the county auditor-treasurer, the county
7.8board must publish a proposed resolution notifying the public of its intent to consider the
7.9issue once each week for two consecutive weeks in the official publication of the county.
7.10Following publication and prior to formally adopting the resolution, the county board shall
7.11provide an opportunity at its next regular meeting for public comment relating to the issue.
7.12After the public comment opportunity, at the same meeting or a subsequent meeting, the
7.13county board of commissioners may adopt a resolution that provides for the appointment
7.14of the county auditor-treasurer as permitted in this section. The resolution must be
7.15approved by at least 80 percent of the members of the county board. The resolution may
7.16take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
7.17petition is filed as provided in paragraph (b).
7.18(b) Within 60 days after the county board adopts the resolution, a petition requesting
7.19a referendum may be filed with the county auditor-treasurer. The petition must be signed
7.20by at least ten percent of the registered voters of the county. The petition must meet
7.21the requirements of the secretary of state, as provided in Minnesota Statutes, section
7.22204B.071, and any rules adopted to implement that section. If the petition is sufficient,
7.23the question of appointing the county auditor-treasurer must be placed on the ballot at a
7.24regular or special election. If a majority of the voters of the county voting on the question
7.25vote in favor of appointment, the resolution may be implemented.
7.26 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
7.27to provide for the election of an office made an appointed position under this section, but
7.28not until at least three years after the office was made an appointed position. The county
7.29board must publish a proposed resolution notifying the public of its intent to consider the
7.30issue once each week for two consecutive weeks in the official publication of the county.
7.31Following publication and before formally adopting the resolution, the county board must
7.32provide an opportunity at its next regular meeting for public comment relating to the
7.33issue. After the public comment hearing, the county board may adopt the resolution. The
7.34resolution must be approved by at least 60 percent of the members of the county board and
7.35is effective August 1 following adoption of the resolution.
8.1(b) The question of whether an office made an appointed position under this section
8.2must be made an elected office must be placed on the ballot at the next general election
8.3if (1) the position has been an appointed position for at least three years, (2) a petition
8.4signed by at least ten percent of the registered voters of the county is filed with the office
8.5of the county auditor-treasurer by August 1 of the year in which the general election is
8.6held, and (3) the petition meets the requirements of the secretary of state, as provided in
8.7Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
8.8If a majority of the voters of the county voting on the question vote in favor of making
8.9the office an elected position, the election for that office must be held at the next regular
8.10or special election.
8.11EFFECTIVE DATE.This section is effective the day after the Jackson County
8.12Board of Commissioners and its chief clerical officer timely complete their compliance
8.13with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3appointive in Dodge, Clay, Kandiyohi, and Jackson Counties.
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.
3.6 Sec. 2. CLAY COUNTY AUDITOR-TREASURER OFFICE MAY BE
3.7APPOINTED.
3.8 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
3.9Statutes, section 382.01, upon adoption of a resolution by the Clay County Board of
3.10Commissioners, the office of county auditor-treasurer is not elective but must be filled by
3.11appointment by the county board as provided in the resolution.
3.12 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.13a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.14the duties of an elected official required by statute whose office is made appointive as
3.15authorized by this section must be discharged by the county board of commissioners
3.16acting through a department head appointed by the board for that purpose. Reorganization,
3.17reallocation, delegation, or other administrative change or transfer does not diminish,
3.18prohibit, or avoid the discharge of duties required by statute.
3.19 Subd. 3. Incumbents to complete term. The person elected at the last general
3.20election to an office made appointive under this section must serve in that capacity and
3.21perform the duties, functions, and responsibilities required by statute until the completion
3.22of the term of office to which the person was elected or until a vacancy occurs in the
3.23office, whichever occurs earlier.
3.24 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
3.25the resolution to provide for the appointment of the county auditor-treasurer, the county
3.26board must publish a proposed resolution notifying the public of its intent to consider the
3.27issue once each week for two consecutive weeks in the official publication of the county.
3.28Following publication and prior to formally adopting the resolution, the county board shall
3.29provide an opportunity at its next regular meeting for public comment relating to the issue.
3.30After the public comment opportunity, at the same meeting or a subsequent meeting, the
3.31county board of commissioners may adopt a resolution that provides for the appointment
3.32of the county auditor-treasurer as permitted in this section. The resolution must be
3.33approved by at least 80 percent of the members of the county board. The resolution may
3.34take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
3.35petition is filed as provided in paragraph (b).
4.1(b) Within 60 days after the county board adopts the resolution, a petition requesting
4.2a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.3by at least ten percent of the registered voters of the county. The petition must meet
4.4the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.5204B.071, and any rules adopted to implement that section. If the petition is sufficient,
4.6the question of appointing the county auditor-treasurer must be placed on the ballot at a
4.7regular or special election. If a majority of the voters of the county voting on the question
4.8vote in favor of appointment, the resolution may be implemented.
4.9 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.10to provide for the election of an office made an appointed position under this section, but
4.11not until at least three years after the office was made an appointed position. The county
4.12board must publish a proposed resolution notifying the public of its intent to consider the
4.13issue once each week for two consecutive weeks in the official publication of the county.
4.14Following publication and before formally adopting the resolution, the county board must
4.15provide an opportunity at its next regular meeting for public comment relating to the
4.16issue. After the public comment hearing, the county board may adopt the resolution. The
4.17resolution must be approved by at least 60 percent of the members of the county board and
4.18is effective August 1 following adoption of the resolution.
4.19(b) The question of whether an office made an appointed position under this section
4.20must be made an elected office must be placed on the ballot at the next general election
4.21if (1) the position has been an appointed position for at least three years, (2) a petition
4.22signed by at least ten percent of the registered voters of the county is filed with the office
4.23of the county auditor-treasurer by August 1 of the year in which the general election is
4.24held, and (3) the petition meets the requirements of the secretary of state, as provided in
4.25Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.26If a majority of the voters of the county voting on the question vote in favor of making
4.27the office an elected position, the election for that office must be held at the next regular
4.28or special election.
4.29EFFECTIVE DATE.This section is effective the day after the Clay County Board
4.30of Commissioners and its chief clerical officer timely complete their compliance with
4.31Minnesota Statutes, section 645.021, subdivisions 2 and 3.
4.32 Sec. 3. KANDIYOHI COUNTY OFFICES MAY BE APPOINTED.
4.33 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
4.34Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi County Board of
5.1Commissioners, the offices of county recorder and auditor-treasurer are not elective but
5.2must be filled by appointment by the county board as provided in the resolution.
5.3 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
5.4a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
5.5the duties required by statute of an elected official whose office is made appointive as
5.6authorized by this section must be discharged by the county board of commissioners
5.7acting through a department head appointed by the board for that purpose. Reorganization,
5.8reallocation, delegation, or other administrative change or transfer does not diminish,
5.9prohibit, or avoid the discharge of duties required by statute.
5.10 Subd. 3. Incumbents to complete term. The person elected at the last general
5.11election to an office made appointive under this section must serve in that capacity and
5.12perform the duties, functions, and responsibilities required by statute until the completion
5.13of the term of office to which the person was elected or until a vacancy occurs in the
5.14office, whichever occurs earlier.
5.15 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
5.16the resolution to provide for the appointment of the county recorder or auditor-treasurer,
5.17the county board must publish a proposed resolution notifying the public of its intent to
5.18consider the issue once each week for two consecutive weeks in the official publication of
5.19the county. Following publication and prior to formally adopting the resolution, the county
5.20board shall provide an opportunity at its next regular meeting for public comment relating
5.21to the issue. After the public comment opportunity, at the same meeting or a subsequent
5.22meeting, the county board of commissioners may adopt a resolution that provides for the
5.23appointment of the county recorder or auditor-treasurer as permitted in this section. The
5.24resolution must be approved by at least 80 percent of the members of the county board.
5.25The resolution may take effect 60 days after it is adopted, or at a later date stated in the
5.26resolution, unless a petition is filed as provided in paragraph (b).
5.27(b) Within 60 days after the county board adopts the resolution, a petition requesting
5.28a referendum may be filed with the county auditor-treasurer. The petition must be signed
5.29by at least ten percent of the registered voters of the county. The petition must meet
5.30the requirements of the secretary of state, as provided in Minnesota Statutes, section
5.31204B.071, and any rules adopted to implement that section. If the petition is sufficient,
5.32the question of appointing the county recorder or auditor-treasurer must be placed on the
5.33ballot at a regular or special election. If a majority of the voters of the county voting on
5.34the question vote in favor of appointment, the resolution may be implemented.
5.35 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
5.36to provide for the election of an office made an appointed position under this section, but
6.1not until at least three years after the office was made an appointed position. The county
6.2board must publish a proposed resolution notifying the public of its intent to consider the
6.3issue once each week for two consecutive weeks in the official publication of the county.
6.4Following publication and before formally adopting the resolution, the county board must
6.5provide an opportunity at its next regular meeting for public comment relating to the
6.6issue. After the public comment hearing, the county board may adopt the resolution. The
6.7resolution must be approved by at least 60 percent of the members of the county board and
6.8is effective August 1 following adoption of the resolution.
6.9(b) The question of whether an office made an appointed position under this section
6.10must be made an elected office must be placed on the ballot at the next general election
6.11if (1) the position has been an appointed position for at least three years, (2) a petition
6.12signed by at least ten percent of the registered voters of the county is filed with the office
6.13of the county auditor-treasurer by August 1 of the year in which the general election is
6.14held, and (3) the petition meets the requirements of the secretary of state, as provided in
6.15Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
6.16If a majority of the voters of the county voting on the question vote in favor of making
6.17the office an elected position, the election for that office must be held at the next regular
6.18or special election.
6.19EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
6.20Board of Commissioners and its chief clerical officer timely complete their compliance
6.21with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
6.22 Sec. 4. JACKSON COUNTY AUDITOR-TREASURER OFFICE MAY BE
6.23APPOINTED.
6.24 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
6.25Statutes, section 382.01, upon adoption of a resolution by the Jackson County Board of
6.26Commissioners, the office of county auditor-treasurer is not elective but must be filled by
6.27appointment by the county board as provided in the resolution.
6.28 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
6.29a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
6.30the duties of an elected official required by statute whose office is made appointive as
6.31authorized by this section must be discharged by the county board of commissioners
6.32acting through a department head appointed by the board for that purpose. Reorganization,
6.33reallocation, delegation, or other administrative change or transfer does not diminish,
6.34prohibit, or avoid the discharge of duties required by statute.
7.1 Subd. 3. Incumbents to complete term. The person elected at the last general
7.2election to an office made appointive under this section must serve in that capacity and
7.3perform the duties, functions, and responsibilities required by statute until the completion
7.4of the term of office to which the person was elected or until a vacancy occurs in the
7.5office, whichever occurs earlier.
7.6 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
7.7the resolution to provide for the appointment of the county auditor-treasurer, the county
7.8board must publish a proposed resolution notifying the public of its intent to consider the
7.9issue once each week for two consecutive weeks in the official publication of the county.
7.10Following publication and prior to formally adopting the resolution, the county board shall
7.11provide an opportunity at its next regular meeting for public comment relating to the issue.
7.12After the public comment opportunity, at the same meeting or a subsequent meeting, the
7.13county board of commissioners may adopt a resolution that provides for the appointment
7.14of the county auditor-treasurer as permitted in this section. The resolution must be
7.15approved by at least 80 percent of the members of the county board. The resolution may
7.16take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
7.17petition is filed as provided in paragraph (b).
7.18(b) Within 60 days after the county board adopts the resolution, a petition requesting
7.19a referendum may be filed with the county auditor-treasurer. The petition must be signed
7.20by at least ten percent of the registered voters of the county. The petition must meet
7.21the requirements of the secretary of state, as provided in Minnesota Statutes, section
7.22204B.071, and any rules adopted to implement that section. If the petition is sufficient,
7.23the question of appointing the county auditor-treasurer must be placed on the ballot at a
7.24regular or special election. If a majority of the voters of the county voting on the question
7.25vote in favor of appointment, the resolution may be implemented.
7.26 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
7.27to provide for the election of an office made an appointed position under this section, but
7.28not until at least three years after the office was made an appointed position. The county
7.29board must publish a proposed resolution notifying the public of its intent to consider the
7.30issue once each week for two consecutive weeks in the official publication of the county.
7.31Following publication and before formally adopting the resolution, the county board must
7.32provide an opportunity at its next regular meeting for public comment relating to the
7.33issue. After the public comment hearing, the county board may adopt the resolution. The
7.34resolution must be approved by at least 60 percent of the members of the county board and
7.35is effective August 1 following adoption of the resolution.
8.1(b) The question of whether an office made an appointed position under this section
8.2must be made an elected office must be placed on the ballot at the next general election
8.3if (1) the position has been an appointed position for at least three years, (2) a petition
8.4signed by at least ten percent of the registered voters of the county is filed with the office
8.5of the county auditor-treasurer by August 1 of the year in which the general election is
8.6held, and (3) the petition meets the requirements of the secretary of state, as provided in
8.7Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
8.8If a majority of the voters of the county voting on the question vote in favor of making
8.9the office an elected position, the election for that office must be held at the next regular
8.10or special election.
8.11EFFECTIVE DATE.This section is effective the day after the Jackson County
8.12Board of Commissioners and its chief clerical officer timely complete their compliance
8.13with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
