Bill Text: MN SF966 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: County officers appointment authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-20 - General Orders: Stricken and re-referred to State and Local Government [SF966 Detail]
Download: Minnesota-2013-SF966-Engrossed.html
1.2relating to counties; providing for appointment of certain county offices;
1.3amending Minnesota Statutes 2012, sections 375.08; 375A.10, subdivision
1.45; 375A.12, subdivision 2; 382.01; 382.02; proposing coding for new law in
1.5Minnesota Statutes, chapter 375A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 375.08, is amended to read:
1.8375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
1.9When a vacancy occurs in the elected office of county auditor, county treasurer,
1.10county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
1.11shall fill it by appointment. For that purpose it shall meet at the usual place of meeting,
1.12upon one day's notice from the chair or clerk, which shall be served personally upon each
1.13member in the same manner as a district court summons. The person appointed shall give
1.14the bond and take the oath required by law, and serve the remainder of the term, and until
1.15a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first
1.16assistant, the chief deputy or first assistant may perform all the duties and functions of the
1.17office until it is filled by appointment by the county board.
1.18 Sec. 2. Minnesota Statutes 2012, section 375A.10, subdivision 5, is amended to read:
1.19 Subd. 5. Auditor-treasurer. In any county exercising the option provided
1.20in subdivision 2, clause (c), the office shall be known thereafter as the office of
1.21auditor-treasurer, if the office is to remain elective. If the board chooses to make the
1.22office of auditor-treasurer elective, and not require a referendum, it must act with the
1.23concurrence of 80 percent of its members.
2.1In the exercise of this option, the county board shall direct which of the offices of
2.2auditor or treasurer shall be terminated for the purpose of providing for the election to
2.3the single office of auditor-treasurer. The duties, functions and responsibilities which
2.4have been heretofore and which shall hereafter be required by statute to be performed
2.5by the county auditor and the county treasurer shall be vested in and performed by the
2.6auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
2.7required by statute to be performed by the county auditor and the county treasurer.
2.8Nothing in this subdivision shall preclude the county from exercising the option to
2.9make the combined office of auditor-treasurer appointive as if it had been specifically
2.10enumerated in subdivision 2. If the combined office is to be appointive, a referendum
2.11under section375A.12 shall be necessary, except as provided by section 375A.1205.
2.12If the combined office is to be elective, a referendum under section375A.12 shall
2.13be necessary if:
2.14(a) the county board requires a referendum; or
2.15(b) a referendum is required by a petition of a number of voters equal to ten
2.16percent of those voting in the county at the last general election that is received by the
2.17county auditor within 30 days after the second publication of the board resolution that
2.18orders the combination.
2.19The persons last elected to the positions of auditor and treasurer before adoption
2.20of the resolution shall serve in those offices and perform the duties of those offices until
2.21the completion of the terms to which they were elected.
2.22 Sec. 3. Minnesota Statutes 2012, section 375A.12, subdivision 2, is amended to read:
2.23 Subd. 2. Form of government options. Except as provided in section 375A.1205
2.24or by special law, the options provided in sections375A.01 to
375A.10 shall be adopted
2.25in any county only after an affirmative vote of the voters in the county on the question
2.26of the adoption of the option. Except as provided in section375A.01 , only one such
2.27plan may be submitted at any one election.
2.28 Sec. 4. [375A.1205] APPOINTING COUNTY OFFICERS.
2.29 Subdivision 1. Authority to appoint certain officers. A county board may
2.30appoint the county auditor, county treasurer, or county recorder, under section 375A.10,
2.31subdivision 2, or the auditor-treasurer under section 375A.10, subdivision 5, by following
2.32the process outlined in this section. Notwithstanding section 375A.12, a referendum is not
2.33required if the appointment is made pursuant to this section.
3.1 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.2a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.3the duties of an elected official required by statute whose office is made appointive as
3.4authorized by this section must be discharged by the county board of commissioners
3.5acting through a department head appointed by the board for that purpose. Reorganization,
3.6reallocation, delegation, or other administrative change or transfer does not diminish,
3.7prohibit, or avoid the discharge of duties required by statute.
3.8 Subd. 3. Incumbents to complete term. The person elected at the last general
3.9election to an office made appointive under this section must serve in that capacity and
3.10perform the duties, functions, and responsibilities required by statute until the completion
3.11of the term of office to which the person was elected or until a vacancy occurs in the
3.12office, whichever occurs earlier.
3.13 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.14of the resolution to provide for the appointment of an office described in subdivision 1,
3.15the county board must publish a proposed resolution notifying the public of its intent to
3.16consider the issue once each week, for two consecutive weeks, in the official publication
3.17of the county. Following publication and prior to formally adopting the resolution, the
3.18county board shall provide an opportunity at its next regular meeting for public comment
3.19relating to the issue. After the public comment opportunity, at the same meeting or a
3.20subsequent meeting, the county board of commissioners may adopt a resolution that
3.21provides for the appointment of the office or offices as permitted in this section. The
3.22resolution must be approved by at least 80 percent of the members of the county board.
3.23The resolution may take effect 60 days after it is adopted, or at a later date stated in the
3.24resolution, unless a petition is filed as provided in paragraph (b).
3.25(b) Within 60 days after the county board adopts the resolution, a petition requesting
3.26a referendum may be filed with the county auditor. The petition must be signed by at least
3.27ten percent of the registered voters of the county. The petition must meet the requirements
3.28of the secretary of state, as provided in section 204B.071, and any rules adopted to
3.29implement that section. If the petition is sufficient, the question of making the office
3.30an appointed position must be placed on the ballot at a regular or special election. If a
3.31majority of the voters of the county voting on the question vote in favor of appointment,
3.32the resolution may be implemented.
3.33 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
3.34to provide for the election of an office made an appointed position under this section, but
3.35not until at least three years after the office was made an appointed position. The county
3.36board must publish a proposed resolution notifying the public of its intent to consider the
4.1issue once each week, for two consecutive weeks, in the official publication of the county.
4.2Following publication and before formally adopting the resolution, the county board must
4.3provide an opportunity at its next regular meeting for public comment relating to the
4.4issue. After the public comment hearing, the county board may adopt the resolution. The
4.5resolution must be approved by at least 60 percent of the members of the county board and
4.6is effective August 1 following adoption of the resolution.
4.7(b) The question of whether an office made an appointed position under this section
4.8must be made an elected office must be placed on the ballot at the next general election if
4.9(1) the position has been an appointed position for at least three years; (2) a petition signed
4.10by at least ten percent of the registered voters of the county is filed with the office of the
4.11county auditor by August 1 of the year in which the general election is held; and (3) the
4.12petition meets the requirements of the secretary of state, as provided in section 204B.071,
4.13and any rules adopted to implement that section. If a majority of the voters of the county
4.14voting on the question vote in favor of making the office an elected position, the election
4.15for that office must be held at the next regular or special election.
4.16 Sec. 5. Minnesota Statutes 2012, section 382.01, is amended to read:
4.17382.01 OFFICERS ELECTED; TERMS.
4.18In every county in this state there shall be elected at the general election in 1918 a
4.19county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
4.20The terms of office of these officers shall be four years and shall begin on the first
4.21Monday in January next succeeding their election. They shall hold office until their
4.22successors are elected and qualified. Each of these officesshall must be filled by election
4.23every four yearsthereafter, unless an office is consolidated with another county office or
4.24made appointive under chapter 375A or other general or special law.
4.25 Sec. 6. Minnesota Statutes 2012, section 382.02, is amended to read:
4.26382.02 VACANCIES, HOW FILLED.
4.27Any appointment made to fill a vacancy in any of the offices named in section
4.28382.01
that has not been made appointive under chapter 375A or other general or special
4.29law shall be for the balance of such entire term, and be made by the county board.
1.3amending Minnesota Statutes 2012, sections 375.08; 375A.10, subdivision
1.45; 375A.12, subdivision 2; 382.01; 382.02; proposing coding for new law in
1.5Minnesota Statutes, chapter 375A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 375.08, is amended to read:
1.8375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
1.9When a vacancy occurs in the elected office of county auditor, county treasurer,
1.10county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
1.11shall fill it by appointment. For that purpose it shall meet at the usual place of meeting,
1.12upon one day's notice from the chair or clerk, which shall be served personally upon each
1.13member in the same manner as a district court summons. The person appointed shall give
1.14the bond and take the oath required by law, and serve the remainder of the term, and until
1.15a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first
1.16assistant, the chief deputy or first assistant may perform all the duties and functions of the
1.17office until it is filled by appointment by the county board.
1.18 Sec. 2. Minnesota Statutes 2012, section 375A.10, subdivision 5, is amended to read:
1.19 Subd. 5. Auditor-treasurer. In any county exercising the option provided
1.20in subdivision 2, clause (c), the office shall be known thereafter as the office of
1.21auditor-treasurer, if the office is to remain elective. If the board chooses to make the
1.22office of auditor-treasurer elective, and not require a referendum, it must act with the
1.23concurrence of 80 percent of its members.
2.1In the exercise of this option, the county board shall direct which of the offices of
2.2auditor or treasurer shall be terminated for the purpose of providing for the election to
2.3the single office of auditor-treasurer. The duties, functions and responsibilities which
2.4have been heretofore and which shall hereafter be required by statute to be performed
2.5by the county auditor and the county treasurer shall be vested in and performed by the
2.6auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
2.7required by statute to be performed by the county auditor and the county treasurer.
2.8Nothing in this subdivision shall preclude the county from exercising the option to
2.9make the combined office of auditor-treasurer appointive as if it had been specifically
2.10enumerated in subdivision 2. If the combined office is to be appointive, a referendum
2.11under section
2.12If the combined office is to be elective, a referendum under section
2.13be necessary if:
2.14(a) the county board requires a referendum; or
2.15(b) a referendum is required by a petition of a number of voters equal to ten
2.16percent of those voting in the county at the last general election that is received by the
2.17county auditor within 30 days after the second publication of the board resolution that
2.18orders the combination.
2.19The persons last elected to the positions of auditor and treasurer before adoption
2.20of the resolution shall serve in those offices and perform the duties of those offices until
2.21the completion of the terms to which they were elected.
2.22 Sec. 3. Minnesota Statutes 2012, section 375A.12, subdivision 2, is amended to read:
2.23 Subd. 2. Form of government options. Except as provided in section 375A.1205
2.24or by special law, the options provided in sections
2.25in any county only after an affirmative vote of the voters in the county on the question
2.26of the adoption of the option. Except as provided in section
2.27plan may be submitted at any one election.
2.28 Sec. 4. [375A.1205] APPOINTING COUNTY OFFICERS.
2.29 Subdivision 1. Authority to appoint certain officers. A county board may
2.30appoint the county auditor, county treasurer, or county recorder, under section 375A.10,
2.31subdivision 2, or the auditor-treasurer under section 375A.10, subdivision 5, by following
2.32the process outlined in this section. Notwithstanding section 375A.12, a referendum is not
2.33required if the appointment is made pursuant to this section.
3.1 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.2a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.3the duties of an elected official required by statute whose office is made appointive as
3.4authorized by this section must be discharged by the county board of commissioners
3.5acting through a department head appointed by the board for that purpose. Reorganization,
3.6reallocation, delegation, or other administrative change or transfer does not diminish,
3.7prohibit, or avoid the discharge of duties required by statute.
3.8 Subd. 3. Incumbents to complete term. The person elected at the last general
3.9election to an office made appointive under this section must serve in that capacity and
3.10perform the duties, functions, and responsibilities required by statute until the completion
3.11of the term of office to which the person was elected or until a vacancy occurs in the
3.12office, whichever occurs earlier.
3.13 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.14of the resolution to provide for the appointment of an office described in subdivision 1,
3.15the county board must publish a proposed resolution notifying the public of its intent to
3.16consider the issue once each week, for two consecutive weeks, in the official publication
3.17of the county. Following publication and prior to formally adopting the resolution, the
3.18county board shall provide an opportunity at its next regular meeting for public comment
3.19relating to the issue. After the public comment opportunity, at the same meeting or a
3.20subsequent meeting, the county board of commissioners may adopt a resolution that
3.21provides for the appointment of the office or offices as permitted in this section. The
3.22resolution must be approved by at least 80 percent of the members of the county board.
3.23The resolution may take effect 60 days after it is adopted, or at a later date stated in the
3.24resolution, unless a petition is filed as provided in paragraph (b).
3.25(b) Within 60 days after the county board adopts the resolution, a petition requesting
3.26a referendum may be filed with the county auditor. The petition must be signed by at least
3.27ten percent of the registered voters of the county. The petition must meet the requirements
3.28of the secretary of state, as provided in section 204B.071, and any rules adopted to
3.29implement that section. If the petition is sufficient, the question of making the office
3.30an appointed position must be placed on the ballot at a regular or special election. If a
3.31majority of the voters of the county voting on the question vote in favor of appointment,
3.32the resolution may be implemented.
3.33 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
3.34to provide for the election of an office made an appointed position under this section, but
3.35not until at least three years after the office was made an appointed position. The county
3.36board must publish a proposed resolution notifying the public of its intent to consider the
4.1issue once each week, for two consecutive weeks, in the official publication of the county.
4.2Following publication and before formally adopting the resolution, the county board must
4.3provide an opportunity at its next regular meeting for public comment relating to the
4.4issue. After the public comment hearing, the county board may adopt the resolution. The
4.5resolution must be approved by at least 60 percent of the members of the county board and
4.6is effective August 1 following adoption of the resolution.
4.7(b) The question of whether an office made an appointed position under this section
4.8must be made an elected office must be placed on the ballot at the next general election if
4.9(1) the position has been an appointed position for at least three years; (2) a petition signed
4.10by at least ten percent of the registered voters of the county is filed with the office of the
4.11county auditor by August 1 of the year in which the general election is held; and (3) the
4.12petition meets the requirements of the secretary of state, as provided in section 204B.071,
4.13and any rules adopted to implement that section. If a majority of the voters of the county
4.14voting on the question vote in favor of making the office an elected position, the election
4.15for that office must be held at the next regular or special election.
4.16 Sec. 5. Minnesota Statutes 2012, section 382.01, is amended to read:
4.17382.01 OFFICERS ELECTED; TERMS.
4.18In every county in this state there shall be elected at the general election in 1918 a
4.19county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
4.20The terms of office of these officers shall be four years and shall begin on the first
4.21Monday in January next succeeding their election. They shall hold office until their
4.22successors are elected and qualified. Each of these offices
4.23every four years
4.24made appointive under chapter 375A or other general or special law.
4.25 Sec. 6. Minnesota Statutes 2012, section 382.02, is amended to read:
4.26382.02 VACANCIES, HOW FILLED.
4.27Any appointment made to fill a vacancy in any of the offices named in section
4.29law shall be for the balance of such entire term, and be made by the county board.
