2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/11/2008 | |
1st Engrossment | Posted on 03/11/2008 | |
2nd Engrossment | Posted on 03/25/2008 |
A bill for an act
relating to Nicollet County; providing a process for making certain offices
appointive in Nicollet County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Nicollet County Board of
Commissioners, the office of county auditor-treasurer is not elective but must be filled by
appointment by the county board as provided in the resolution.
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Upon adoption of a
resolution by the Nicollet County Board of Commissioners and subject to subdivisions 3
and 4, the duties of an elected official required by statute whose office is made appointive
as authorized by this section must be discharged by the Board of Commissioners of
Nicollet County acting through a department head appointed by the board for that purpose.
A reorganization, reallocation, or delegation or other administrative change or transfer
does not diminish, prohibit, or avoid the discharge of duties required by statute.
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The person appointed as county
auditor-treasurer must serve in that capacity and perform the duties, functions, and
responsibilities required by statute until the completion of the term of office to which the
person was appointed or until a vacancy occurs in the office, whichever occurs earlier.
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The county board may
provide for the appointment of a county auditor-treasurer permitted in this section if
the resolution to make the office appointive is approved by at least 80 percent of the
members of the county board. Before the adoption of the resolution, the county board
must publish a resolution notifying the public of its intent to consider the option once each
week for two consecutive weeks in the official publication of the county. Following the
publication, the county board shall provide an opportunity at its next regular meeting
for public comment relating to the option, prior to formally adopting the option. The
resolution may be implemented without the submission of the question to the voters
of the county unless, within 30 days after the second publication of the resolution, a
petition requesting a referendum, signed by at least ten percent of the registered voters
of the county, is filed with the county auditor. If a petition is filed, the resolution may be
implemented unless disapproved by a majority of the voters of the county voting on the
question at a regular or special election.
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This section is effective the day after
the governing body of Nicollet County and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
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