Bill Text: MN SF642 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Kittson county recorder and auditor-treasurer appointment authorization
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-14 - HF substituted in committee HF954 [SF642 Detail]
Download: Minnesota-2011-SF642-Introduced.html
1.2relating to counties; providing a process for making certain county offices
1.3appointive in Kittson County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. KITTSON COUNTY OFFICES 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 Kittson County Board of
1.8Commissioners, the offices of county recorder and county auditor-treasurer are not elective
1.9but must be filled by appointment 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 a
1.11resolution by the Kittson County Board of Commissioners and subject to subdivisions 3
1.12and 4, the duties of an elected official required by statute whose office is made appointive
1.13as authorized by this section must be discharged by the Kittson County Board of
1.14Commissioners acting through a department head appointed by the board for that purpose.
1.15Reorganization, reallocation, delegation, or other administrative change or transfer does
1.16not diminish, prohibit, 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 and county
1.24auditor-treasurer, the county board must publish a proposed resolution notifying the
2.1public of its intent to consider the issue once each week for two consecutive weeks in the
2.2official publication of the county. Following publication and prior to formally adopting
2.3the resolution, the county board shall provide an opportunity at its next regular meeting
2.4for public comment relating to the issue. After the public comment opportunity, at the
2.5same meeting or a subsequent meeting, the Kittson County Board of Commissioners may
2.6adopt a resolution that provides for the appointment of the county recorder and county
2.7auditor-treasurer as permitted in this section. The resolution must be approved by at least
2.880 percent of the members of the county board.
2.9(b) Within 30 days after the second publication, a petition requesting a referendum
2.10may be filed with the county auditor-treasurer. The petition must be signed by at
2.11least ten percent of the registered voters of Kittson County. The petition must meet
2.12the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.13204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.14question of appointing the county recorder and county auditor-treasurer must be placed on
2.15the ballot at a regular or special election. If a majority of the voters of the county voting
2.16on the question vote in favor of appointment, the resolution may be implemented.
2.17 Sec. 2. EFFECTIVE DATE.
2.18Section 1 is effective the day after the Kittson County Board of Commissioners and
2.19its chief clerical officer timely complete their compliance with Minnesota Statutes, section
2.20645.021, subdivisions 2 and 3.
1.3appointive in Kittson County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. KITTSON COUNTY OFFICES 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 Kittson County Board of
1.8Commissioners, the offices of county recorder and county auditor-treasurer are not elective
1.9but must be filled by appointment 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 a
1.11resolution by the Kittson County Board of Commissioners and subject to subdivisions 3
1.12and 4, the duties of an elected official required by statute whose office is made appointive
1.13as authorized by this section must be discharged by the Kittson County Board of
1.14Commissioners acting through a department head appointed by the board for that purpose.
1.15Reorganization, reallocation, delegation, or other administrative change or transfer does
1.16not diminish, prohibit, 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 and county
1.24auditor-treasurer, the county board must publish a proposed resolution notifying the
2.1public of its intent to consider the issue once each week for two consecutive weeks in the
2.2official publication of the county. Following publication and prior to formally adopting
2.3the resolution, the county board shall provide an opportunity at its next regular meeting
2.4for public comment relating to the issue. After the public comment opportunity, at the
2.5same meeting or a subsequent meeting, the Kittson County Board of Commissioners may
2.6adopt a resolution that provides for the appointment of the county recorder and county
2.7auditor-treasurer as permitted in this section. The resolution must be approved by at least
2.880 percent of the members of the county board.
2.9(b) Within 30 days after the second publication, a petition requesting a referendum
2.10may be filed with the county auditor-treasurer. The petition must be signed by at
2.11least ten percent of the registered voters of Kittson County. The petition must meet
2.12the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.13204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.14question of appointing the county recorder and county auditor-treasurer must be placed on
2.15the ballot at a regular or special election. If a majority of the voters of the county voting
2.16on the question vote in favor of appointment, the resolution may be implemented.
2.17 Sec. 2. EFFECTIVE DATE.
2.18Section 1 is effective the day after the Kittson County Board of Commissioners and
2.19its chief clerical officer timely complete their compliance with Minnesota Statutes, section
2.20645.021, subdivisions 2 and 3.
