1.2relating to counties; providing a process for making certain county offices
1.3appointive in Kandiyohi, Lyon, and Swift Counties.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1.
KANDIYOHI 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 Kandiyohi County Board of
1.8Commissioners, the offices of county recorder and auditor-treasurer are not elective but
1.9must 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
1.11a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.12the duties required by statute of an elected official whose office is made appointive as
1.13authorized by this section must be discharged by the county board of commissioners
1.14acting through a department head appointed by the board for that purpose. Reorganization,
1.15reallocation, delegation, or other administrative change or transfer does not diminish,
1.16prohibit, or avoid the discharge of duties required by statute.
1.17 Subd. 3. Incumbents to complete term. The person elected at the last general
1.18election to an office made appointive under this section must serve in that capacity and
1.19perform the duties, functions, and responsibilities required by statute until the completion
1.20of the term of office to which the person was elected or until a vacancy occurs in the
1.21office, whichever occurs earlier.
1.22 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
1.23the resolution to provide for the appointment of the county recorder or auditor-treasurer,
1.24the county board must publish a proposed resolution notifying the public of its intent to
2.1consider the issue once each week for two consecutive weeks in the official publication of
2.2the county. Following publication and prior to formally adopting the resolution, the county
2.3board shall provide an opportunity at its next regular meeting for public comment relating
2.4to the issue. After the public comment opportunity, at the same meeting or a subsequent
2.5meeting, the county board of commissioners may adopt a resolution that provides for the
2.6appointment of the county recorder or auditor-treasurer as permitted in this section. The
2.7resolution must be approved by at least 80 percent of the members of the county board.
2.8The resolution may take effect 60 days after it is adopted, or at a later date stated in the
2.9resolution, unless a petition is filed as provided in paragraph (b).
2.10(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.11a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.12by at least ten percent of the registered voters of the county. The petition must meet
2.13the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.14204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.15the question of appointing the county recorder or auditor-treasurer must be placed on the
2.16ballot at a regular or special election. If a majority of the voters of the county voting on
2.17the question vote in favor of appointment, the resolution may be implemented.
2.18 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.19to provide for the election of an office made an appointed position under this section, but
2.20not until at least three years after the office was made an appointed position. The county
2.21board must publish a proposed resolution notifying the public of its intent to consider the
2.22issue once each week for two consecutive weeks in the official publication of the county.
2.23Following publication and before formally adopting the resolution, the county board must
2.24provide an opportunity at its next regular meeting for public comment relating to the
2.25issue. After the public comment hearing, the county board may adopt the resolution. The
2.26resolution must be approved by at least 60 percent of the members of the county board and
2.27is effective August 1 following adoption of the resolution.
2.28(b) The question of whether an office made an appointed position under this section
2.29must be made an elected office must be placed on the ballot at the next general election
2.30if (1) the position has been an appointed position for at least three years, (2) a petition
2.31signed by at least ten percent of the registered voters of the county is filed with the office
2.32of the county auditor-treasurer by August 1 of the year in which the general election is
2.33held, and (3) the petition meets the requirements of the secretary of state, as provided in
2.34Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
2.35If a majority of the voters of the county voting on the question vote in favor of making
3.1the office an elected position, the election for that office must be held at the next regular
3.2or special election.
3.3EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
3.4Board of Commissioners and its chief clerical officer timely complete their compliance
3.5with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
3.6 Sec. 2.
LYON COUNTY OFFICES MAY BE APPOINTED.
3.7 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
3.8Statutes, section 382.01, upon adoption of a resolution by the Lyon County Board of
3.9Commissioners, the offices of county recorder and auditor-treasurer are not elective but
3.10must be filled by appointment by the county board as provided in the resolution.
3.11 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.12a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.13the duties required by statute of an elected official whose office is made appointive as
3.14authorized by this section must be discharged by the county board of commissioners
3.15acting through a department head appointed by the board for that purpose. Reorganization,
3.16reallocation, delegation, or other administrative change or transfer does not diminish,
3.17prohibit, or avoid the discharge of duties required by statute.
3.18 Subd. 3. Incumbents to complete term. The person elected at the last general
3.19election to an office made appointive under this section must serve in that capacity and
3.20perform the duties, functions, and responsibilities required by statute until the completion
3.21of the term of office to which the person was elected or until a vacancy occurs in the
3.22office, whichever occurs earlier.
3.23 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
3.24the resolution to provide for the appointment of the county recorder or auditor-treasurer,
3.25the county board must publish a proposed resolution notifying the public of its intent to
3.26consider the issue once each week for two consecutive weeks in the official publication of
3.27the county. Following publication and prior to formally adopting the resolution, the county
3.28board shall provide an opportunity at its next regular meeting for public comment relating
3.29to the issue. After the public comment opportunity, at the same meeting or a subsequent
3.30meeting, the county board of commissioners may adopt a resolution that provides for the
3.31appointment of the county recorder or auditor-treasurer as permitted in this section. The
3.32resolution must be approved by at least 80 percent of the members of the county board.
3.33The resolution may take effect 60 days after it is adopted, or at a later date stated in the
3.34resolution, unless a petition is filed as provided in paragraph (b).
4.1(b) Within 60 days after the county board adopts the resolution, a petition requesting
4.2a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.3by at least ten percent of the registered voters of the county. The petition must meet
4.4the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.5204B.071, and any rules adopted to implement that section. If the petition is sufficient,
4.6the question of appointing the county recorder or auditor-treasurer must be placed on the
4.7ballot at a regular or special election. If a majority of the voters of the county voting on
4.8the question vote in favor of appointment, the resolution may be implemented.
4.9 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.10to provide for the election of an office made an appointed position under this section, but
4.11not until at least three years after the office was made an appointed position. The county
4.12board must publish a proposed resolution notifying the public of its intent to consider the
4.13issue once each week for two consecutive weeks in the official publication of the county.
4.14Following publication and before formally adopting the resolution, the county board must
4.15provide an opportunity at its next regular meeting for public comment relating to the
4.16issue. After the public comment hearing, the county board may adopt the resolution. The
4.17resolution must be approved by at least 60 percent of the members of the county board and
4.18is effective August 1 following adoption of the resolution.
4.19(b) The question of whether an office made an appointed position under this section
4.20must be made an elected office must be placed on the ballot at the next general election
4.21if (1) the position has been an appointed position for at least three years, (2) a petition
4.22signed by at least ten percent of the registered voters of the county is filed with the office
4.23of the county auditor-treasurer by August 1 of the year in which the general election is
4.24held, and (3) the petition meets the requirements of the secretary of state, as provided in
4.25Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.26If a majority of the voters of the county voting on the question vote in favor of making
4.27the office an elected position, the election for that office must be held at the next regular
4.28or special election.
4.29EFFECTIVE DATE.This section is effective the day after the Lyon County Board
4.30of Commissioners and its chief clerical officer timely complete their compliance with
4.31Minnesota Statutes, section 645.021, subdivisions 2 and 3.
4.32 Sec. 3.
SWIFT COUNTY OFFICES MAY BE APPOINTED.
4.33 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
4.34Statutes, section 382.01, upon adoption of a resolution by the Swift County Board of
5.1Commissioners, the offices of county recorder, auditor, and treasurer are not elective but
5.2must be filled by appointment by the county board as provided in the resolution.
5.3 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
5.4a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
5.5the duties required by statute of an elected official whose office is made appointive as
5.6authorized by this section must be discharged by the county board of commissioners
5.7acting through a department head appointed by the board for that purpose. Reorganization,
5.8reallocation, delegation, or other administrative change or transfer does not diminish,
5.9prohibit, or avoid the discharge of duties required by statute.
5.10 Subd. 3. Incumbents to complete term. The person elected at the last general
5.11election to an office made appointive under this section must serve in that capacity and
5.12perform the duties, functions, and responsibilities required by statute until the completion
5.13of the term of office to which the person was elected or until a vacancy occurs in the
5.14office, whichever occurs earlier.
5.15 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
5.16the resolution to provide for the appointment of the county recorder, auditor, or treasurer,
5.17the county board must publish a proposed resolution notifying the public of its intent to
5.18consider the issue once each week for two consecutive weeks in the official publication of
5.19the county. Following publication and prior to formally adopting the resolution, the county
5.20board shall provide an opportunity at its next regular meeting for public comment relating
5.21to the issue. After the public comment opportunity, at the same meeting or a subsequent
5.22meeting, the county board of commissioners may adopt a resolution that provides for the
5.23appointment of the county recorder, auditor, or treasurer as permitted in this section. The
5.24resolution must be approved by at least 80 percent of the members of the county board.
5.25The resolution may take effect 60 days after it is adopted, or at a later date stated in the
5.26resolution, unless a petition is filed as provided in paragraph (b).
5.27(b) Within 60 days after the county board adopts the resolution, a petition requesting
5.28a referendum may be filed with the county auditor. The petition must be signed by at least
5.29ten percent of the registered voters of the county. The petition must meet the requirements
5.30of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any
5.31rules adopted to implement that section. If the petition is sufficient, the question of
5.32appointing the county recorder, auditor, or treasurer must be placed on the ballot at a
5.33regular or special election. If a majority of the voters of the county voting on the question
5.34vote in favor of appointment, the resolution may be implemented.
5.35 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
5.36to provide for the election of an office made an appointed position under this section, but
6.1not until at least three years after the office was made an appointed position. The county
6.2board must publish a proposed resolution notifying the public of its intent to consider the
6.3issue once each week for two consecutive weeks in the official publication of the county.
6.4Following publication and before formally adopting the resolution, the county board must
6.5provide an opportunity at its next regular meeting for public comment relating to the
6.6issue. After the public comment hearing, the county board may adopt the resolution. The
6.7resolution must be approved by at least 60 percent of the members of the county board and
6.8is effective August 1 following adoption of the resolution.
6.9(b) The question of whether an office made an appointed position under this section
6.10must be made an elected office must be placed on the ballot at the next general election if
6.11(1) the position has been an appointed position for at least three years, (2) a petition signed
6.12by at least ten percent of the registered voters of the county is filed with the office of the
6.13county auditor by August 1 of the year in which the general election is held, and (3) the
6.14petition meets the requirements of the secretary of state, as provided in Minnesota Statutes,
6.15section 204B.071, and any rules adopted to implement that section. If a majority of the
6.16voters of the county voting on the question vote in favor of making the office an elected
6.17position, the election for that office must be held at the next regular or special election.
6.18EFFECTIVE DATE.This section is effective the day after the Swift County Board
6.19of Commissioners and its chief clerical officer timely complete their compliance with
6.20Minnesota Statutes, section 645.021, subdivisions 2 and 3.