Bill Text: MN HF2359 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Dodge County; retention election required for persons appointed to county offices, and process provided to make the county recorder appointive.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-04 - HF indefinitely postponed [HF2359 Detail]
Download: Minnesota-2011-HF2359-Engrossed.html
1.2relating to counties; requiring retention elections for persons appointed to certain
1.3county offices; providing a process for making the county recorder appointive
1.4in Dodge County;amending Minnesota Statutes 2010, section 375A.12, by
1.5adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 375A.12, is amended by adding a
1.8subdivision to read:
1.9 Subd. 7. Retention election on appointee. (a) At the first general election after the
1.10effective date of this section, for any office made an appointed office after the effective
1.11date of this section, the county must at the first general election following appointment
1.12hold an election on whether to retain the person appointed. If the voters do not approve
1.13retention of the person appointed to the position, the appointee may stay in the position
1.14only until January 1 immediately following the election, at which time the county board
1.15of commissioners must appoint another person to the position. If the voters approve
1.16retention of the person appointed to the position, the county may retain the person and
1.17shall hold a retention election at a general election every four years while the same person
1.18holds the appointed office.
1.19(b) The ballot question shall be:
1.20"May the county board retain [name] as the person appointed and responsible for the
1.21functions of [county office title]?
1.24EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. DODGE COUNTY RECORDER MAY BE APPOINTED.
2.2 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
2.3Statutes, section 382.01, upon adoption of a resolution by the Dodge County Board
2.4of Commissioners, the office of county recorder is not elective but must be filled by
2.5appointment by the county board as provided in the resolution.
2.6 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
2.7a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
2.8the duties of an elected official required by statute whose office is made appointive as
2.9authorized by this section must be discharged by the county board of commissioners
2.10acting through a department head appointed by the board for that purpose. Reorganization,
2.11reallocation, delegation, or other administrative change or transfer does not diminish,
2.12prohibit, or avoid the discharge of duties required by statute.
2.13 Subd. 3. Incumbents to complete term. The person elected at the last general
2.14election to an office made appointive under this section must serve in that capacity and
2.15perform the duties, functions, and responsibilities required by statute until the completion
2.16of the term of office to which the person was elected or until a vacancy occurs in the
2.17office, whichever occurs earlier.
2.18 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
2.19of the resolution to provide for the appointment of the county recorder, the county board
2.20must publish a proposed resolution notifying the public of its intent to consider the issue
2.21once each week for two consecutive weeks in the official publication of the county.
2.22Following publication and prior to formally adopting the resolution, the county board shall
2.23provide an opportunity at its next regular meeting for public comment relating to the issue.
2.24After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.25county board of commissioners may adopt a resolution that provides for the appointment
2.26of the county recorder as permitted in this section. The resolution must be approved by
2.27at least 80 percent of the members of the county board. The resolution may take effect
2.2860 days after it is adopted, or at a later date stated in the resolution, unless a petition is
2.29filed as provided in paragraph (b).
2.30(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.31a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.32by at least ten percent of the registered voters of the county. The petition must meet
2.33the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.34204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.35question of appointing the county recorder must be placed on the ballot at a regular or
3.1special election. If a majority of the voters of the county voting on the question vote in
3.2favor of appointment, the resolution may be implemented.
3.3 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
3.4to provide for the election of an office made an appointed position under this section, but
3.5not until at least three years after the office was made an appointed position. The county
3.6board must publish a proposed resolution notifying the public of its intent to consider the
3.7issue once each week for two consecutive weeks in the official publication of the county.
3.8Following publication and before formally adopting the resolution, the county board must
3.9provide an opportunity at its next regular meeting for public comment relating to the
3.10issue. After the public comment hearing, the county board may adopt the resolution. The
3.11resolution must be approved by at least 60 percent of the members of the county board and
3.12is effective August 1 following adoption of the resolution.
3.13(b) The question of whether an office made an appointed position under this section
3.14must be made an elected office must be placed on the ballot at the next general election
3.15if (1) the position has been an appointed position for at least three years, (2) a petition
3.16signed by at least ten percent of the registered voters of the county is filed with the office
3.17of the county auditor-treasurer by August 1 of the year in which the general election is
3.18held, and (3) the petition meets the requirements of the secretary of state, as provided in
3.19Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.20If a majority of the voters of the county voting on the question vote in favor of making
3.21the office an elected position, the election for that office must be held at the next regular
3.22or special election.
3.23EFFECTIVE DATE.This section is effective the day after the Dodge County
3.24Board of Commissioners and its chief clerical officer timely complete their compliance
3.25with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3county offices; providing a process for making the county recorder appointive
1.4in Dodge County;amending Minnesota Statutes 2010, section 375A.12, by
1.5adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 375A.12, is amended by adding a
1.8subdivision to read:
1.9 Subd. 7. Retention election on appointee. (a) At the first general election after the
1.10effective date of this section, for any office made an appointed office after the effective
1.11date of this section, the county must at the first general election following appointment
1.12hold an election on whether to retain the person appointed. If the voters do not approve
1.13retention of the person appointed to the position, the appointee may stay in the position
1.14only until January 1 immediately following the election, at which time the county board
1.15of commissioners must appoint another person to the position. If the voters approve
1.16retention of the person appointed to the position, the county may retain the person and
1.17shall hold a retention election at a general election every four years while the same person
1.18holds the appointed office.
1.19(b) The ballot question shall be:
1.20"May the county board retain [name] as the person appointed and responsible for the
1.21functions of [county office title]?
| 1.22 |
Yes ..... |
||
| 1.23 |
No
.....
" |
2.1 Sec. 2. DODGE COUNTY RECORDER MAY BE APPOINTED.
2.2 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
2.3Statutes, section 382.01, upon adoption of a resolution by the Dodge County Board
2.4of Commissioners, the office of county recorder is not elective but must be filled by
2.5appointment by the county board as provided in the resolution.
2.6 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
2.7a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
2.8the duties of an elected official required by statute whose office is made appointive as
2.9authorized by this section must be discharged by the county board of commissioners
2.10acting through a department head appointed by the board for that purpose. Reorganization,
2.11reallocation, delegation, or other administrative change or transfer does not diminish,
2.12prohibit, or avoid the discharge of duties required by statute.
2.13 Subd. 3. Incumbents to complete term. The person elected at the last general
2.14election to an office made appointive under this section must serve in that capacity and
2.15perform the duties, functions, and responsibilities required by statute until the completion
2.16of the term of office to which the person was elected or until a vacancy occurs in the
2.17office, whichever occurs earlier.
2.18 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
2.19of the resolution to provide for the appointment of the county recorder, the county board
2.20must publish a proposed resolution notifying the public of its intent to consider the issue
2.21once each week for two consecutive weeks in the official publication of the county.
2.22Following publication and prior to formally adopting the resolution, the county board shall
2.23provide an opportunity at its next regular meeting for public comment relating to the issue.
2.24After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.25county board of commissioners may adopt a resolution that provides for the appointment
2.26of the county recorder as permitted in this section. The resolution must be approved by
2.27at least 80 percent of the members of the county board. The resolution may take effect
2.2860 days after it is adopted, or at a later date stated in the resolution, unless a petition is
2.29filed as provided in paragraph (b).
2.30(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.31a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.32by at least ten percent of the registered voters of the county. The petition must meet
2.33the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.34204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.35question of appointing the county recorder must be placed on the ballot at a regular or
3.1special election. If a majority of the voters of the county voting on the question vote in
3.2favor of appointment, the resolution may be implemented.
3.3 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
3.4to provide for the election of an office made an appointed position under this section, but
3.5not until at least three years after the office was made an appointed position. The county
3.6board must publish a proposed resolution notifying the public of its intent to consider the
3.7issue once each week for two consecutive weeks in the official publication of the county.
3.8Following publication and before formally adopting the resolution, the county board must
3.9provide an opportunity at its next regular meeting for public comment relating to the
3.10issue. After the public comment hearing, the county board may adopt the resolution. The
3.11resolution must be approved by at least 60 percent of the members of the county board and
3.12is effective August 1 following adoption of the resolution.
3.13(b) The question of whether an office made an appointed position under this section
3.14must be made an elected office must be placed on the ballot at the next general election
3.15if (1) the position has been an appointed position for at least three years, (2) a petition
3.16signed by at least ten percent of the registered voters of the county is filed with the office
3.17of the county auditor-treasurer by August 1 of the year in which the general election is
3.18held, and (3) the petition meets the requirements of the secretary of state, as provided in
3.19Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.20If a majority of the voters of the county voting on the question vote in favor of making
3.21the office an elected position, the election for that office must be held at the next regular
3.22or special election.
3.23EFFECTIVE DATE.This section is effective the day after the Dodge County
3.24Board of Commissioners and its chief clerical officer timely complete their compliance
3.25with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
