Bill Text: MN SF629 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Jackson, Lake, Clay, Kandiyohi and Lyon counties offices appointive process authorization
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-03-13 - Secretary of State Chapter 146 03/12/14 [SF629 Detail]
Download: Minnesota-2013-SF629-Engrossed.html
1.2relating to counties; providing a process for making certain county offices
1.3appointive in Jackson, Lake, Clay, Kandiyohi, and Lyon Counties.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. JACKSON 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 Jackson 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 if:
2.31(1) the position has been an appointed position for at least three years;
2.32(2) a petition signed by at least ten percent of the registered voters of the county
2.33is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.34the general election is held; and
2.35(3) the petition meets the requirements of the secretary of state, as provided in
2.36Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.1If a majority of the voters of the county voting on the question vote in favor of making
3.2the office an elected position, the election for the office must be held at the next regular
3.3or special election.
3.4EFFECTIVE DATE.This section is effective the day after the Jackson County
3.5Board of Commissioners and its chief clerical officer timely complete their compliance
3.6with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
3.7 Sec. 2. LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY
3.8BE APPOINTED.
3.9 Subdivision 1. Authorization to make office appointive. Notwithstanding
3.10Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County
3.11Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
3.12elective but must be filled by appointment by the county board as provided in the resolution.
3.13 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.14a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.15the duties of an elected official required by statute whose office is made appointive as
3.16authorized by this section must be discharged by the county board of commissioners
3.17acting through a department head appointed by the board for that purpose. Reorganization,
3.18reallocation, delegation, or other administrative change or transfer does not diminish,
3.19prohibit, or avoid the discharge of duties required by statute.
3.20 Subd. 3. Incumbents to complete term. The person elected at the last general
3.21election to an office made appointive under this section must serve in that capacity and
3.22perform the duties, functions, and responsibilities required by statute until the completion
3.23of the term of office to which the person was elected or until a vacancy occurs in the
3.24office, whichever occurs earlier.
3.25 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.26of a resolution to provide for the appointment of the county auditor-treasurer and the
3.27county recorder, the county board must publish a proposed resolution notifying the
3.28public of its intent to consider the issue once each week for two consecutive weeks in the
3.29official publication of the county. Following publication and prior to formally adopting
3.30the resolution, the county board shall provide an opportunity at its next regular meeting
3.31for public comment relating to the issue. After the public comment opportunity, at the
3.32same meeting or a subsequent meeting, the county board of commissioners may adopt
3.33a resolution that provides for the appointment of the county auditor-treasurer and the
3.34county recorder as permitted in this section. The resolution must be approved by at least
3.3580 percent of the members of the county board. The resolution may take effect 60 days
4.1after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
4.2provided in paragraph (b).
4.3 (b) Within 60 days after the county board adopts the resolution, a petition requesting
4.4a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.5by at least ten percent of the registered voters of the county. The petition must meet
4.6the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.7204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
4.8question of appointing the county auditor-treasurer and recorder must be placed on the
4.9ballot at a regular or special election. If a majority of the voters of the county voting on
4.10the question vote in favor of appointment, the resolution may be implemented.
4.11 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.12to provide for the election of an office made an appointed position under this section, but
4.13not until at least three years after the office was made an appointed position. The county
4.14board must publish a proposed resolution notifying the public of its intent to consider the
4.15issue once each week for two consecutive weeks in the official publication of the county.
4.16Following publication and before formally adopting the resolution, the county board must
4.17provide an opportunity at its next regular meeting for public comment relating to the
4.18issue. After the public comment hearing, the county board may adopt the resolution. The
4.19resolution must be approved by at least 60 percent of the members of the county board and
4.20is effective August 1 following adoption of the resolution.
4.21(b) The question of whether an office made an appointed position under this section
4.22must be made an elected office must be placed on the ballot at the next general election if:
4.23(1) the position has been an appointed position for at least three years;
4.24(2) a petition signed by at least ten percent of the registered voters of the county
4.25is filed with the office of the county auditor-treasurer by August 1 of the year in which
4.26the general election is held; and
4.27(3) the petition meets the requirements of the secretary of state, as provided in
4.28Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.29If a majority of the voters of the county voting on the question vote in favor of making
4.30the office an elected position, the election for the office must be held at the next regular
4.31or special election.
4.32EFFECTIVE DATE.This section is effective the day after the Lake County Board
4.33of Commissioners and its chief clerical officer timely complete their compliance with
4.34Minnesota Statutes, section 645.021, subdivisions 2 and 3.
5.1 Sec. 3. CLAY COUNTY AUDITOR-TREASURER AND RECORDER MAY
5.2BE APPOINTED.
5.3 Subdivision 1. Authorization to make office appointive. Notwithstanding
5.4Minnesota Statutes, section 382.01, upon adoption of a resolution by the Clay County
5.5Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
5.6elective but must be filled by appointment by the county board as provided in the resolution.
5.7 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
5.8a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
5.9the duties of an elected official required by statute whose office is made appointive as
5.10authorized by this section must be discharged by the county board of commissioners
5.11acting through a department head appointed by the board for that purpose. Reorganization,
5.12reallocation, delegation, or other administrative change or transfer does not diminish,
5.13prohibit, or avoid the discharge of duties required by statute.
5.14 Subd. 3. Incumbents to complete term. The person elected at the last general
5.15election to an office made appointive under this section must serve in that capacity and
5.16perform the duties, functions, and responsibilities required by statute until the completion
5.17of the term of office to which the person was elected or until a vacancy occurs in the
5.18office, whichever occurs earlier.
5.19 Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
5.20of a resolution to provide for the appointment of the county auditor-treasurer and the
5.21county recorder, the county board must publish a proposed resolution notifying the
5.22public of its intent to consider the issue once each week for two consecutive weeks in the
5.23official publication of the county. Following publication and prior to formally adopting
5.24the resolution, the county board shall provide an opportunity at its next regular meeting
5.25for public comment relating to the issue. After the public comment opportunity, at the
5.26same meeting or a subsequent meeting, the county board of commissioners may adopt
5.27a resolution that provides for the appointment of the county auditor-treasurer and the
5.28county recorder as permitted in this section. The resolution must be approved by at least
5.2980 percent of the members of the county board. The resolution may take effect 60 days
5.30after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
5.31provided in paragraph (b).
5.32 (b) Within 60 days after the county board adopts the resolution, a petition requesting
5.33a referendum may be filed with the county auditor-treasurer. The petition must be signed
5.34by at least ten percent of the registered voters of the county. The petition must meet
5.35the requirements of the secretary of state, as provided in Minnesota Statutes, section
5.36204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
6.1question of appointing the county auditor-treasurer and recorder must be placed on the
6.2ballot at a regular or special election. If a majority of the voters of the county voting on
6.3the question vote in favor of appointment, the resolution may be implemented.
6.4 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
6.5to provide for the election of an office made an appointed position under this section, but
6.6not until at least three years after the office was made an appointed position. The county
6.7board must publish a proposed resolution notifying the public of its intent to consider the
6.8issue once each week for two consecutive weeks in the official publication of the county.
6.9Following publication and before formally adopting the resolution, the county board must
6.10provide an opportunity at its next regular meeting for public comment relating to the
6.11issue. After the public comment hearing, the county board may adopt the resolution. The
6.12resolution must be approved by at least 60 percent of the members of the county board and
6.13is effective August 1 following adoption of the resolution.
6.14(b) The question of whether an office made an appointed position under this section
6.15must be made an elected office must be placed on the ballot at the next general election if:
6.16(1) the position has been an appointed position for at least three years;
6.17(2) a petition signed by at least ten percent of the registered voters of the county
6.18is filed with the office of the county auditor-treasurer by August 1 of the year in which
6.19the general election is held; and
6.20(3) the petition meets the requirements of the secretary of state, as provided in
6.21Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
6.22If a majority of the voters of the county voting on the question vote in favor of making
6.23the office an elected position, the election for the office must be held at the next regular
6.24or special election.
6.25EFFECTIVE DATE.This section is effective the day after the Clay County Board
6.26of Commissioners and its chief clerical officer timely complete their compliance with
6.27Minnesota Statutes, section 645.021, subdivisions 2 and 3.
6.28 Sec. 4. KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER
6.29MAY BE APPOINTED.
6.30 Subdivision 1. Authorization to make office appointive. Notwithstanding
6.31Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi
6.32County Board of Commissioners, the offices of county auditor-treasurer and county
6.33recorder are not elective but must be filled by appointment by the county board as
6.34provided in the resolution.
7.1 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
7.2a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
7.3the duties of an elected official required by statute whose office is made appointive as
7.4authorized by this section must be discharged by the county board of commissioners
7.5acting through a department head appointed by the board for that purpose. Reorganization,
7.6reallocation, delegation, or other administrative change or transfer does not diminish,
7.7prohibit, or avoid the discharge of duties required by statute.
7.8 Subd. 3. Incumbents to complete term. The person elected at the last general
7.9election to an office made appointive under this section must serve in that capacity and
7.10perform the duties, functions, and responsibilities required by statute until the completion
7.11of the term of office to which the person was elected or until a vacancy occurs in the
7.12office, whichever occurs earlier.
7.13 Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
7.14of a resolution to provide for the appointment of the county auditor-treasurer and the
7.15county recorder, the county board must publish a proposed resolution notifying the
7.16public of its intent to consider the issue once each week for two consecutive weeks in the
7.17official publication of the county. Following publication and prior to formally adopting
7.18the resolution, the county board shall provide an opportunity at its next regular meeting
7.19for public comment relating to the issue. After the public comment opportunity, at the
7.20same meeting or a subsequent meeting, the county board of commissioners may adopt
7.21a resolution that provides for the appointment of the county auditor-treasurer and the
7.22county recorder as permitted in this section. The resolution must be approved by at least
7.2380 percent of the members of the county board. The resolution may take effect 60 days
7.24after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
7.25provided in paragraph (b).
7.26 (b) Within 60 days after the county board adopts the resolution, a petition requesting
7.27a referendum may be filed with the county auditor-treasurer. The petition must be signed
7.28by at least ten percent of the registered voters of the county. The petition must meet
7.29the requirements of the secretary of state, as provided in Minnesota Statutes, section
7.30204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
7.31question of appointing the county auditor-treasurer and recorder must be placed on the
7.32ballot at a regular or special election. If a majority of the voters of the county voting on
7.33the question vote in favor of appointment, the resolution may be implemented.
7.34 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
7.35to provide for the election of an office made an appointed position under this section, but
7.36not until at least three years after the office was made an appointed position. The county
8.1board must publish a proposed resolution notifying the public of its intent to consider the
8.2issue once each week for two consecutive weeks in the official publication of the county.
8.3Following publication and before formally adopting the resolution, the county board must
8.4provide an opportunity at its next regular meeting for public comment relating to the
8.5issue. After the public comment hearing, the county board may adopt the resolution. The
8.6resolution must be approved by at least 60 percent of the members of the county board and
8.7is effective August 1 following adoption of the resolution.
8.8(b) The question of whether an office made an appointed position under this section
8.9must be made an elected office must be placed on the ballot at the next general election if:
8.10(1) the position has been an appointed position for at least three years;
8.11(2) a petition signed by at least ten percent of the registered voters of the county
8.12is filed with the office of the county auditor-treasurer by August 1 of the year in which
8.13the general election is held; and
8.14(3) the petition meets the requirements of the secretary of state, as provided in
8.15Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
8.16If a majority of the voters of the county voting on the question vote in favor of making
8.17the office an elected position, the election for the office must be held at the next regular
8.18or special election.
8.19EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
8.20Board of Commissioners and its chief clerical officer timely complete their compliance
8.21with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
8.22 Sec. 5. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
8.23BE APPOINTED.
8.24 Subdivision 1. Authorization to make office appointive. Notwithstanding
8.25Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
8.26Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
8.27elective but must be filled by appointment by the county board as provided in the resolution.
8.28 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
8.29a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
8.30the duties of an elected official required by statute whose office is made appointive as
8.31authorized by this section must be discharged by the county board of commissioners
8.32acting through a department head appointed by the board for that purpose. Reorganization,
8.33reallocation, delegation, or other administrative change or transfer does not diminish,
8.34prohibit, or avoid the discharge of duties required by statute.
9.1 Subd. 3. Incumbents to complete term. The person elected at the last general
9.2election to an office made appointive under this section must serve in that capacity and
9.3perform the duties, functions, and responsibilities required by statute until the completion
9.4of the term of office to which the person was elected or until a vacancy occurs in the
9.5office, whichever occurs earlier.
9.6 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
9.7of a resolution to provide for the appointment of the county auditor-treasurer and the
9.8county recorder, the county board must publish a proposed resolution notifying the
9.9public of its intent to consider the issue once each week for two consecutive weeks in the
9.10official publication of the county. Following publication and prior to formally adopting
9.11the resolution, the county board shall provide an opportunity at its next regular meeting
9.12for public comment relating to the issue. After the public comment opportunity, at the
9.13same meeting or a subsequent meeting, the county board of commissioners may adopt
9.14a resolution that provides for the appointment of the county auditor-treasurer and the
9.15county recorder as permitted in this section. The resolution must be approved by at least
9.1680 percent of the members of the county board. The resolution may take effect 60 days
9.17after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
9.18provided in paragraph (b).
9.19 (b) Within 60 days after the county board adopts the resolution, a petition requesting
9.20a referendum may be filed with the county auditor-treasurer. The petition must be signed
9.21by at least ten percent of the registered voters of the county. The petition must meet
9.22the requirements of the secretary of state, as provided in Minnesota Statutes, section
9.23204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
9.24question of appointing the county auditor-treasurer and recorder must be placed on the
9.25ballot at a regular or special election. If a majority of the voters of the county voting on
9.26the question vote in favor of appointment, the resolution may be implemented.
9.27 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
9.28to provide for the election of an office made an appointed position under this section, but
9.29not until at least three years after the office was made an appointed position. The county
9.30board must publish a proposed resolution notifying the public of its intent to consider the
9.31issue once each week for two consecutive weeks in the official publication of the county.
9.32Following publication and before formally adopting the resolution, the county board must
9.33provide an opportunity at its next regular meeting for public comment relating to the
9.34issue. After the public comment hearing, the county board may adopt the resolution. The
9.35resolution must be approved by at least 60 percent of the members of the county board and
9.36is effective August 1 following adoption of the resolution.
10.1(b) The question of whether an office made an appointed position under this section
10.2must be made an elected office must be placed on the ballot at the next general election if:
10.3(1) the position has been an appointed position for at least three years;
10.4(2) a petition signed by at least ten percent of the registered voters of the county
10.5is filed with the office of the county auditor-treasurer by August 1 of the year in which
10.6the general election is held; and
10.7(3) the petition meets the requirements of the secretary of state, as provided in
10.8Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
10.9If a majority of the voters of the county voting on the question vote in favor of making
10.10the office an elected position, the election for the office must be held at the next regular
10.11or special election.
10.12EFFECTIVE DATE.This section is effective the day after the Lyon County Board
10.13of Commissioners and its chief clerical officer timely complete their compliance with
10.14Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3appointive in Jackson, Lake, Clay, Kandiyohi, and Lyon Counties.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. JACKSON 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 Jackson 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 if:
2.31(1) the position has been an appointed position for at least three years;
2.32(2) a petition signed by at least ten percent of the registered voters of the county
2.33is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.34the general election is held; and
2.35(3) the petition meets the requirements of the secretary of state, as provided in
2.36Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.1If a majority of the voters of the county voting on the question vote in favor of making
3.2the office an elected position, the election for the office must be held at the next regular
3.3or special election.
3.4EFFECTIVE DATE.This section is effective the day after the Jackson County
3.5Board of Commissioners and its chief clerical officer timely complete their compliance
3.6with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
3.7 Sec. 2. LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY
3.8BE APPOINTED.
3.9 Subdivision 1. Authorization to make office appointive. Notwithstanding
3.10Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County
3.11Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
3.12elective but must be filled by appointment by the county board as provided in the resolution.
3.13 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.14a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.15the duties of an elected official required by statute whose office is made appointive as
3.16authorized by this section must be discharged by the county board of commissioners
3.17acting through a department head appointed by the board for that purpose. Reorganization,
3.18reallocation, delegation, or other administrative change or transfer does not diminish,
3.19prohibit, or avoid the discharge of duties required by statute.
3.20 Subd. 3. Incumbents to complete term. The person elected at the last general
3.21election to an office made appointive under this section must serve in that capacity and
3.22perform the duties, functions, and responsibilities required by statute until the completion
3.23of the term of office to which the person was elected or until a vacancy occurs in the
3.24office, whichever occurs earlier.
3.25 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.26of a resolution to provide for the appointment of the county auditor-treasurer and the
3.27county recorder, the county board must publish a proposed resolution notifying the
3.28public of its intent to consider the issue once each week for two consecutive weeks in the
3.29official publication of the county. Following publication and prior to formally adopting
3.30the resolution, the county board shall provide an opportunity at its next regular meeting
3.31for public comment relating to the issue. After the public comment opportunity, at the
3.32same meeting or a subsequent meeting, the county board of commissioners may adopt
3.33a resolution that provides for the appointment of the county auditor-treasurer and the
3.34county recorder as permitted in this section. The resolution must be approved by at least
3.3580 percent of the members of the county board. The resolution may take effect 60 days
4.1after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
4.2provided in paragraph (b).
4.3 (b) Within 60 days after the county board adopts the resolution, a petition requesting
4.4a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.5by at least ten percent of the registered voters of the county. The petition must meet
4.6the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.7204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
4.8question of appointing the county auditor-treasurer and recorder must be placed on the
4.9ballot at a regular or special election. If a majority of the voters of the county voting on
4.10the question vote in favor of appointment, the resolution may be implemented.
4.11 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.12to provide for the election of an office made an appointed position under this section, but
4.13not until at least three years after the office was made an appointed position. The county
4.14board must publish a proposed resolution notifying the public of its intent to consider the
4.15issue once each week for two consecutive weeks in the official publication of the county.
4.16Following publication and before formally adopting the resolution, the county board must
4.17provide an opportunity at its next regular meeting for public comment relating to the
4.18issue. After the public comment hearing, the county board may adopt the resolution. The
4.19resolution must be approved by at least 60 percent of the members of the county board and
4.20is effective August 1 following adoption of the resolution.
4.21(b) The question of whether an office made an appointed position under this section
4.22must be made an elected office must be placed on the ballot at the next general election if:
4.23(1) the position has been an appointed position for at least three years;
4.24(2) a petition signed by at least ten percent of the registered voters of the county
4.25is filed with the office of the county auditor-treasurer by August 1 of the year in which
4.26the general election is held; and
4.27(3) the petition meets the requirements of the secretary of state, as provided in
4.28Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.29If a majority of the voters of the county voting on the question vote in favor of making
4.30the office an elected position, the election for the office must be held at the next regular
4.31or special election.
4.32EFFECTIVE DATE.This section is effective the day after the Lake County Board
4.33of Commissioners and its chief clerical officer timely complete their compliance with
4.34Minnesota Statutes, section 645.021, subdivisions 2 and 3.
5.1 Sec. 3. CLAY COUNTY AUDITOR-TREASURER AND RECORDER MAY
5.2BE APPOINTED.
5.3 Subdivision 1. Authorization to make office appointive. Notwithstanding
5.4Minnesota Statutes, section 382.01, upon adoption of a resolution by the Clay County
5.5Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
5.6elective but must be filled by appointment by the county board as provided in the resolution.
5.7 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
5.8a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
5.9the duties of an elected official required by statute whose office is made appointive as
5.10authorized by this section must be discharged by the county board of commissioners
5.11acting through a department head appointed by the board for that purpose. Reorganization,
5.12reallocation, delegation, or other administrative change or transfer does not diminish,
5.13prohibit, or avoid the discharge of duties required by statute.
5.14 Subd. 3. Incumbents to complete term. The person elected at the last general
5.15election to an office made appointive under this section must serve in that capacity and
5.16perform the duties, functions, and responsibilities required by statute until the completion
5.17of the term of office to which the person was elected or until a vacancy occurs in the
5.18office, whichever occurs earlier.
5.19 Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
5.20of a resolution to provide for the appointment of the county auditor-treasurer and the
5.21county recorder, the county board must publish a proposed resolution notifying the
5.22public of its intent to consider the issue once each week for two consecutive weeks in the
5.23official publication of the county. Following publication and prior to formally adopting
5.24the resolution, the county board shall provide an opportunity at its next regular meeting
5.25for public comment relating to the issue. After the public comment opportunity, at the
5.26same meeting or a subsequent meeting, the county board of commissioners may adopt
5.27a resolution that provides for the appointment of the county auditor-treasurer and the
5.28county recorder as permitted in this section. The resolution must be approved by at least
5.2980 percent of the members of the county board. The resolution may take effect 60 days
5.30after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
5.31provided in paragraph (b).
5.32 (b) Within 60 days after the county board adopts the resolution, a petition requesting
5.33a referendum may be filed with the county auditor-treasurer. The petition must be signed
5.34by at least ten percent of the registered voters of the county. The petition must meet
5.35the requirements of the secretary of state, as provided in Minnesota Statutes, section
5.36204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
6.1question of appointing the county auditor-treasurer and recorder must be placed on the
6.2ballot at a regular or special election. If a majority of the voters of the county voting on
6.3the question vote in favor of appointment, the resolution may be implemented.
6.4 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
6.5to provide for the election of an office made an appointed position under this section, but
6.6not until at least three years after the office was made an appointed position. The county
6.7board must publish a proposed resolution notifying the public of its intent to consider the
6.8issue once each week for two consecutive weeks in the official publication of the county.
6.9Following publication and before formally adopting the resolution, the county board must
6.10provide an opportunity at its next regular meeting for public comment relating to the
6.11issue. After the public comment hearing, the county board may adopt the resolution. The
6.12resolution must be approved by at least 60 percent of the members of the county board and
6.13is effective August 1 following adoption of the resolution.
6.14(b) The question of whether an office made an appointed position under this section
6.15must be made an elected office must be placed on the ballot at the next general election if:
6.16(1) the position has been an appointed position for at least three years;
6.17(2) a petition signed by at least ten percent of the registered voters of the county
6.18is filed with the office of the county auditor-treasurer by August 1 of the year in which
6.19the general election is held; and
6.20(3) the petition meets the requirements of the secretary of state, as provided in
6.21Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
6.22If a majority of the voters of the county voting on the question vote in favor of making
6.23the office an elected position, the election for the office must be held at the next regular
6.24or special election.
6.25EFFECTIVE DATE.This section is effective the day after the Clay County Board
6.26of Commissioners and its chief clerical officer timely complete their compliance with
6.27Minnesota Statutes, section 645.021, subdivisions 2 and 3.
6.28 Sec. 4. KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER
6.29MAY BE APPOINTED.
6.30 Subdivision 1. Authorization to make office appointive. Notwithstanding
6.31Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi
6.32County Board of Commissioners, the offices of county auditor-treasurer and county
6.33recorder are not elective but must be filled by appointment by the county board as
6.34provided in the resolution.
7.1 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
7.2a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
7.3the duties of an elected official required by statute whose office is made appointive as
7.4authorized by this section must be discharged by the county board of commissioners
7.5acting through a department head appointed by the board for that purpose. Reorganization,
7.6reallocation, delegation, or other administrative change or transfer does not diminish,
7.7prohibit, or avoid the discharge of duties required by statute.
7.8 Subd. 3. Incumbents to complete term. The person elected at the last general
7.9election to an office made appointive under this section must serve in that capacity and
7.10perform the duties, functions, and responsibilities required by statute until the completion
7.11of the term of office to which the person was elected or until a vacancy occurs in the
7.12office, whichever occurs earlier.
7.13 Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
7.14of a resolution to provide for the appointment of the county auditor-treasurer and the
7.15county recorder, the county board must publish a proposed resolution notifying the
7.16public of its intent to consider the issue once each week for two consecutive weeks in the
7.17official publication of the county. Following publication and prior to formally adopting
7.18the resolution, the county board shall provide an opportunity at its next regular meeting
7.19for public comment relating to the issue. After the public comment opportunity, at the
7.20same meeting or a subsequent meeting, the county board of commissioners may adopt
7.21a resolution that provides for the appointment of the county auditor-treasurer and the
7.22county recorder as permitted in this section. The resolution must be approved by at least
7.2380 percent of the members of the county board. The resolution may take effect 60 days
7.24after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
7.25provided in paragraph (b).
7.26 (b) Within 60 days after the county board adopts the resolution, a petition requesting
7.27a referendum may be filed with the county auditor-treasurer. The petition must be signed
7.28by at least ten percent of the registered voters of the county. The petition must meet
7.29the requirements of the secretary of state, as provided in Minnesota Statutes, section
7.30204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
7.31question of appointing the county auditor-treasurer and recorder must be placed on the
7.32ballot at a regular or special election. If a majority of the voters of the county voting on
7.33the question vote in favor of appointment, the resolution may be implemented.
7.34 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
7.35to provide for the election of an office made an appointed position under this section, but
7.36not until at least three years after the office was made an appointed position. The county
8.1board must publish a proposed resolution notifying the public of its intent to consider the
8.2issue once each week for two consecutive weeks in the official publication of the county.
8.3Following publication and before formally adopting the resolution, the county board must
8.4provide an opportunity at its next regular meeting for public comment relating to the
8.5issue. After the public comment hearing, the county board may adopt the resolution. The
8.6resolution must be approved by at least 60 percent of the members of the county board and
8.7is effective August 1 following adoption of the resolution.
8.8(b) The question of whether an office made an appointed position under this section
8.9must be made an elected office must be placed on the ballot at the next general election if:
8.10(1) the position has been an appointed position for at least three years;
8.11(2) a petition signed by at least ten percent of the registered voters of the county
8.12is filed with the office of the county auditor-treasurer by August 1 of the year in which
8.13the general election is held; and
8.14(3) the petition meets the requirements of the secretary of state, as provided in
8.15Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
8.16If a majority of the voters of the county voting on the question vote in favor of making
8.17the office an elected position, the election for the office must be held at the next regular
8.18or special election.
8.19EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
8.20Board of Commissioners and its chief clerical officer timely complete their compliance
8.21with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
8.22 Sec. 5. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
8.23BE APPOINTED.
8.24 Subdivision 1. Authorization to make office appointive. Notwithstanding
8.25Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
8.26Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
8.27elective but must be filled by appointment by the county board as provided in the resolution.
8.28 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
8.29a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
8.30the duties of an elected official required by statute whose office is made appointive as
8.31authorized by this section must be discharged by the county board of commissioners
8.32acting through a department head appointed by the board for that purpose. Reorganization,
8.33reallocation, delegation, or other administrative change or transfer does not diminish,
8.34prohibit, or avoid the discharge of duties required by statute.
9.1 Subd. 3. Incumbents to complete term. The person elected at the last general
9.2election to an office made appointive under this section must serve in that capacity and
9.3perform the duties, functions, and responsibilities required by statute until the completion
9.4of the term of office to which the person was elected or until a vacancy occurs in the
9.5office, whichever occurs earlier.
9.6 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
9.7of a resolution to provide for the appointment of the county auditor-treasurer and the
9.8county recorder, the county board must publish a proposed resolution notifying the
9.9public of its intent to consider the issue once each week for two consecutive weeks in the
9.10official publication of the county. Following publication and prior to formally adopting
9.11the resolution, the county board shall provide an opportunity at its next regular meeting
9.12for public comment relating to the issue. After the public comment opportunity, at the
9.13same meeting or a subsequent meeting, the county board of commissioners may adopt
9.14a resolution that provides for the appointment of the county auditor-treasurer and the
9.15county recorder as permitted in this section. The resolution must be approved by at least
9.1680 percent of the members of the county board. The resolution may take effect 60 days
9.17after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
9.18provided in paragraph (b).
9.19 (b) Within 60 days after the county board adopts the resolution, a petition requesting
9.20a referendum may be filed with the county auditor-treasurer. The petition must be signed
9.21by at least ten percent of the registered voters of the county. The petition must meet
9.22the requirements of the secretary of state, as provided in Minnesota Statutes, section
9.23204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
9.24question of appointing the county auditor-treasurer and recorder must be placed on the
9.25ballot at a regular or special election. If a majority of the voters of the county voting on
9.26the question vote in favor of appointment, the resolution may be implemented.
9.27 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
9.28to provide for the election of an office made an appointed position under this section, but
9.29not until at least three years after the office was made an appointed position. The county
9.30board must publish a proposed resolution notifying the public of its intent to consider the
9.31issue once each week for two consecutive weeks in the official publication of the county.
9.32Following publication and before formally adopting the resolution, the county board must
9.33provide an opportunity at its next regular meeting for public comment relating to the
9.34issue. After the public comment hearing, the county board may adopt the resolution. The
9.35resolution must be approved by at least 60 percent of the members of the county board and
9.36is effective August 1 following adoption of the resolution.
10.1(b) The question of whether an office made an appointed position under this section
10.2must be made an elected office must be placed on the ballot at the next general election if:
10.3(1) the position has been an appointed position for at least three years;
10.4(2) a petition signed by at least ten percent of the registered voters of the county
10.5is filed with the office of the county auditor-treasurer by August 1 of the year in which
10.6the general election is held; and
10.7(3) the petition meets the requirements of the secretary of state, as provided in
10.8Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
10.9If a majority of the voters of the county voting on the question vote in favor of making
10.10the office an elected position, the election for the office must be held at the next regular
10.11or special election.
10.12EFFECTIVE DATE.This section is effective the day after the Lyon County Board
10.13of Commissioners and its chief clerical officer timely complete their compliance with
10.14Minnesota Statutes, section 645.021, subdivisions 2 and 3.
