Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 629-S.F.No. 1702
An act relating to counties; changing certain county
powers; removing a lynching provision; fixing
expenditure authority for various county activities;
changing penalties; revising the language of the text
of chapters governing county powers and county boards;
allowing certain county officers to discharge duties
relating to motor vehicles; amending Minnesota
Statutes 1982, chapters 373, as amended, and 375, as
amended; section 168.33, subdivision 2; repealing
Minnesota Statutes 1982, sections 373.28; and 375.29.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, chapter 373, as
amended by Laws 1983, chapters 247, section 146; and 359,
section 54, is amended to read:
373.01 [POWERS.]
Subdivision 1. Each organized county is a body politic and
corporate, and as such empowered to act for the following
purposes may:
(1) To Sue and be sued;
(2) To Acquire and hold real and personal property for the
use of the county, and lands sold for taxes as provided by law;
and to
(3) Purchase and hold for the benefit of the county real
estate sold by virtue of judicial proceedings, to which the
county is a party;
(3) To (4) Sell, lease, and convey any real or personal
estate owned by the county, and to give contracts or options to
sell, lease or convey any such real or personal estate it, and
make such order orders respecting the same it as may be deemed
conducive to the interests of its the county's inhabitants;
provided,. No sale, lease or conveyance of any such real estate
owned by the county, nor any contract or option therefor for it,
shall be valid, without first advertising for bids or proposals
in the official newspaper of the county for three consecutive
weeks and once in a newspaper of general circulation in the area
where the property is located. The notice shall state the time
and place of considering the proposals, contain a legal
description of any real estate, and a brief description of any
personal property. All proposals shall be considered at that
time be considered, and the one most favorable to the county
accepted, but the county board shall reserve the right may, in
the interest of the county, to reject any or all proposals.
Sales of personal property the value of which is estimated to
exceed $500 shall be made only after first advertising for bids
or proposals as herein provided for real estate. Sales of
personal property the value of which is estimated to be less
than $500 may be made either on competitive bids or in the open
market, in the discretion of the county board. Provided,
further, that In no case shall any such lands be disposed of
without there being reserved to the county any and all iron ore
and other valuable minerals in and upon the same lands, with
right to explore for, mine and remove the same iron ore and
other valuable minerals, nor shall such the minerals and mineral
rights be disposed of, either before or after disposition of the
surface rights, otherwise than by mining lease, in similar
general form to that provided by section 93.20 for mining leases
affecting state lands, such. The lease to shall be for a term
not exceeding 50 years, and to be issued on a royalty basis, the
royalty to be not less than 25 cents per ton of 2,240 pounds,
and to fix a minimum amount of royalty payable during each year,
whether mineral is removed or not; provided, further,.
Prospecting options for such mining leases may be granted for
periods not exceeding one year, such. The options to shall
require, among other things, periodical showings to the county
board of the results of exploration work done;
(4) To (5) Make all contracts and do all other acts in
relation to the property and concerns of the county necessary to
the exercise of its corporate powers.
Subd. 2. Notwithstanding the provisions of any other
contrary law to the contrary, a county may enter into a rental
purchase agreement or conditional sales agreement for the
acquisition of to acquire road equipment. Under such an
agreement but the seller shall be limited to the remedy of
recovery of the property in case of nonpayment of all or part of
the purchase price. The purchase price shall be payable over a
period not to exceed not more than five years.
373.013 [CERTAIN COUNTY CONVEYANCES NOT INVALID.]
No deed of conveyance of real estate executed by a county
prior to before July 1, 1952 shall be held invalid or void for
failure to comply with the requirements of section 373.01,
relating to the resolution of the county board or, notice of
hearing thereon on the resolution or publication thereof of the
resolution.
373.02 [POWERS, HOW EXERCISED.]
The powers of the county as a body politic and corporate
shall only be exercised by the county board, or in pursuance of
a resolution by it adopted; and by the county board. Deeds and
other written instruments made by the county shall be executed
in its name by the chairman of such the county board and by the
auditor as clerk thereof of the board.
373.03 [CONVEYANCES TO COUNTY; EFFECT.]
All real and personal estate conveyed by any form of
conveyance to any a county or the its inhabitants thereof, or
to any person for the use and benefit of such a county or its
inhabitants, shall be deemed to be the property thereof; and all
such. The conveyances shall have the same force and effect as
if made to such the county by its corporate name.
373.04 [CERTAIN COUNTIES AUTHORIZED TO CONSTRUCT BRANCH
RAILROAD TRACKS.]
In all cases where When county buildings, or buildings in
which a county is interested with other counties, are situated
upon on land adjacent to or near a railway track:, the county
in which such where the buildings are located, may pay from the
its general revenue fund thereof, or from any money raised by
such county it in excess of its proportionate share for any such
the institution, the costs of procuring a right of way for and
the building of a branch track suitable for the transportation
thereon from the railway track to such the buildings of any or
all the articles and commodities needed by the institution and
of persons going to and from the same it.
373.041 [POLICE-OPERATED BROADCASTING STATIONS.]
Subdivision 1. [STATION AND MOBILE UNITS UNDER DIRECTION
OF SHERIFF.] Any A county of this state is hereby authorized and
empowered to may establish, construct, equip and maintain a
radio broadcasting station, with land-fixed repeater stations
and two-way communication mobile units as may be necessary, to
be used for public safety purposes under the direction of the
sheriff, and to. The county may acquire land by gift, purchase
or condemnation for use as a site or sites for such the station
or stations. The county shall exercise its powers under this
subdivision in conformance with any statewide plan for a
coordinated system of radio communications adopted by the
department of public safety after consultation with the
professional communications officers representing law
enforcement agencies involved in such the plan. The department
of public safety shall adopt rules or regulations to implement
such the statewide plan.
Subd. 2. [RULES AND REGULATIONS; FEDERAL COMMUNICATIONS
COMMISSION.] Any A county owning and maintaining a broadcasting
station under the provision of subdivision 1 may, subject to the
rules and regulations of the Federal Communications Commission,
extend the its facilities thereof to any city located within
in the county, and to any adjoining county and any city therein
in an adjoining county, upon application of the its governing
body thereof to the county board requesting radio communication
and service; provided that. All mobile radio equipment and
apparatus for two-way communication used for or in connection
with such the extended service shall be owned, maintained and
serviced by the county owning the broadcasting station. Charges
for the service extended to counties and municipalities shall be
made on a cost sharing basis.
Subd. 3. [SHERIFF RADIO AND MAINTENANCE FUND ACCOUNT.] All
moneys money received as charges for the service rendered under
the provisions of subdivision 2 shall be kept in a fund to be an
account designated the "Sheriff Radio and Maintenance Fund
Account," shall not be transferred or apportioned to any other
fund or account, and shall be used for no other purpose than the
purchase of radio equipment and maintenance of radio equipment
and apparatus.
Subd. 4. [SHERIFF; DUTIES.] It shall be the duty of The
sheriff of the county owning the radio facilities to shall
broadcast all police dispatches and reports submitted which, in
the opinion of the sheriff, shall have a reasonable relation to
or connection with the apprehension of criminals, the prevention
of crime and the maintenance of peace and order throughout the
area serviced by such the broadcasting station or stations.
373.045 [COUNTY ROADS, BONDS.]
Any A county may issue county road bonds to a total amount
not exceeding $250,000 for the purpose of providing to provide
funds to match federal funds allocated or to be allocated to
said the county for the construction or improvement of roads.
Such The bonds shall be issued as provided in chapter 475, and
all of the provisions of said chapter 475 apply to them except
such the bonds shall not be included in computing the net debt
of such the county.
373.05 [COUNTY BUILDINGS.]
Each county shall provide at the county-seat county seat,
and keep in good repair, a suitable court-house courthouse,
supplied with fireproof vaults, a suitable and sufficient jail,
and other necessary buildings.
373.052 [COUNTY OFFICES; CLOSING, EFFECT.]
Subdivision 1. County offices shall be open for public
business on all business days except (a) legal holidays, (b)
holidays established by the county board pursuant to contract
with certified employee bargaining units, and (c) emergency
situations. For purposes of this section "business day" means
Monday, Tuesday, Wednesday, Thursday and Friday.
Subd. 1a. The county board shall establish the hours
during which county offices shall be open on business days.
Subd. 1b. The county board by resolution of a majority of
its members may authorize the closing of a county office on
other days as stated in the resolution, if there is an emergency
situation, public business is transacted at other reasonable
times and places, and the public interest is served. An
emergency closing may be retroactively approved by the county
board at its next succeeding meeting.
Subd. 2. Any act authorized, required, or permitted by law
or contract to be performed at or in county buildings, or their
offices therein, which are closed as provided in this section,
may be performed on the next succeeding regular business day and
no liability or loss of rights on the part of any person shall
result from such the closing.
373.053 [WAR MEMORIAL BUILDINGS.]
Subdivision 1. [COUNTY WAR MEMORIAL; LIMITATION ON COST.]
Subject to the limitations of this section, any a county may
construct and maintain in said the county a building, including
a hospital, to be erected as a memorial to the men and women who
have served in the armed forces of the United States during a
time when it was at war; provided, if the construction of such
the building at a sum not to exceed a specified amount is
authorized by a vote of the electors of the county in the manner
provided by Minnesota Statutes 1941, section 375.20. The cost
of such the building in any county shall not exceed $250,000.
Subd. 2. [SUPERVISION.] The war memorial building, if not
a hospital, shall be under the supervision and control of the
county board. The building shall be used as a meeting place for
local or county units of any war veterans' organization
chartered by the Congress of the United States, and if there be
is space, for offices of such the organizations. In addition
thereto The building may also contain the county library and the
exhibits of the county historical society and such other civic
and recreational facilities as may be determined by the county
board. If such the memorial be is a hospital, it shall be under
the control of the county board or a hospital commission to be
appointed by the board.
Subd. 3. [CITY MAY CONVEY SITE.] Any A city in which the
construction of a war memorial building or hospital has been
authorized, may acquire and convey to the county without
compensation therefor a suitable tract of land upon which to
construct such the building.
Subd. 4. [WAR MEMORIAL BUILDING FUND ACCOUNT.] For the
payment of To pay the cost of the war memorial building or
hospital, the county board, after approval of the project by a
vote of the electors of the county, is authorized to may certify
to the county auditor such the amount as may be necessary for
the construction of such the building and the portion thereof of
the amount to be levied in each succeeding taxable year, not
exceeding five years, until the whole thereof has been raised.
The county auditor on receipt of such the certification shall
levy upon all taxable property in the county a tax in each year
so certified by the county board sufficient to produce the
amount so certified. The proceeds of such the tax levy shall be
deposited in a separate fund to be known as the "War Memorial
Building Fund Account."
Subd. 5. [MAINTENANCE.] The county board is authorized to
may certify to the county auditor such the amount as may be
necessary each year for the maintenance and operation of such
the building or hospital. The county auditor upon receipt of
the certification shall levy a tax upon all taxable property in
the county sufficient to produce the amount so certified. The
proceeds of such the tax levy shall be credited to the War
Memorial Building Fund Account and shall be used only for the
maintenance and operation of the war memorial building. Any
balance remaining in the fund account at the end of any year
shall be available for the next year, and the amount to be
certified by the county board for the maintenance and operation
of the war memorial building or hospital shall be reduced by the
amount of such the balance.
Subd. 6. [GIFTS AUTHORIZED.] To carry out the purposes of
this section the county board or hospital commission may accept
grants or gifts from the federal government or any of its
agencies, or from any person.
373.06 [ACTIONS AGAINST COUNTIES.]
No action shall be maintained by any claimant, except the
state of Minnesota, against a county upon any claim except
county orders, when the only relief demanded is a judgment for
money, until such the claim shall have has been duly presented
to the board and it shall have has failed to act upon the same
it within the time fixed by law, or unless such the board shall
consent consents to the institution of such the action.
No action shall be brought by any person, except the state
of Minnesota, upon any county order until the expiration of 30
days after a demand for payment thereof of it has been made and
. Any judgment against the county entered in an action brought
on any such an order without such a demand shall be is
void.
373.07 [SUITS AGAINST COUNTIES; SERVICE; JURORS.]
Service of summons or other original process in actions
against a county shall be made upon the chairman of the board or
upon the county auditor, either during a session of the board,
or within ten days before the day appointed for one. The person
served shall forthwith immediately notify the county attorney of
such the service and lay before give the board at its next
regular meeting all the information he may have has regarding
such the action. In actions where in which the county is a
party, its inhabitants, if otherwise qualified, may be jurors.
373.08 [COUNTY, HOW NAMED IN SUITS.]
In all actions and proceedings by or against a county, the
name in which it shall sue or be sued shall be "The county of
.............." (insert name of the county); but. This
provision shall not prevent county officers, when authorized by
law, from suing in their official names for the benefit of the
county.
373.09 [CLAIMS AGAINST COUNTY; APPEAL.]
When any a claim against a county is disallowed in whole or
part by the county board, a the claimant may appeal from its
decisions to the district court by (1) filing a written notice
of appeal in the office of the auditor within 15 days after
written notice is mailed to the claimant by the county auditor
showing the disallowance of the claim and (2) giving security
for costs, to be approved by the auditor. The auditor shall
notify the county attorney of the appeal.
When any a claim against a county is allowed in whole or in
part by the board, no order shall be issued to pay it or any
part of it, until three days after the date of the decision.
The county attorney may, on behalf and in the name of the
county, appeal from the decision to the district court, by
filing a written notice of appeal in the office of the auditor
within three days after the date of the decision appealed from.
Any seven taxpayers of the county may appeal in their own names
from the decision to the district court by (1) filing a written
notice of appeal stating the grounds for it in the office of the
auditor within three days after the date of the decision
appealed from, and (2) giving security to the claimant for his
costs and disbursements. The security shall be approved by a
judge of the district court. Thereafter After filing of a
notice of appeal no order shall be issued in payment of the
claim until a certified copy of the judgment of the court is
filed in the office of the auditor. Upon filing of a notice of
appeal, the court has jurisdiction of the parties and of the
subject matter, and may compel a return to be made.
373.10 [PROCEEDINGS ON APPEAL.]
Within ten days after an appeal has been taken, the auditor
shall, without charge, file in the office of the clerk of such
the court a certified copy of the claim and a transcript of the
record of the action of the board thereon on it, together with a
copy of the notice of appeal, and the date of the its filing
thereof in his office. The proceedings shall be put upon the
calendar for trial as an issue of fact at the next general term
of the district court, beginning not less than ten days after
the date of the appeal; and on or before the second day of such
term. The court shall direct pleadings to be made up as in a
civil actions action, upon which the proceeding shall be tried,
and all questions of law summarily heard and determined. Issues
of fact shall be tried and judgment rendered and perfected as in
a civil actions action but no execution shall issue thereon on
the judgment except for the collection of a counter-claim or
costs and disbursements in case of a judgment therefor for them
against a claimant.
373.11 [APPEALS; COUNTERCLAIM.]
An appeal from the judgment of the district court may be
taken as in other civil cases within 30 days after the actual
entry of the judgment. If no appeal is taken, a certified copy
of the judgment shall be filed in the office of the auditor. If
an appeal is taken, the determination of the court of appeals
shall be certified to the district court and judgment entered in
accordance with it, and that judgment certified to and filed in
the office of the county auditor. In either case, after the
certified copy is filed, orders shall be drawn on the county
treasury in payment of any judgment in favor of a claimant.
Execution may issue out of the district court for the collection
of any costs awarded against a claimant. In any case where If
costs are awarded against a claimant and there is any allowance
on the claim in his favor, the amount of the costs shall be
deducted from the allowance. In any case of an appeal, the
county may interpose in the district court as a counterclaim any
demand which it has against the claimant, and have execution for
the collection of any judgment in its favor.
373.12 [JUDGMENTS AGAINST COUNTIES; HOW PAID.]
When any a judgment is recovered against a county, or
against any a county officer, in an action prosecuted by or
against him officially, where and the same judgment is to be
paid by the county, no execution shall issue except as herein
provided;but, in this section. Unless reversed, the same
judgment shall be paid from funds in the treasury, if there be
any available;. If funds are not available, the unpaid
amount thereof of the judgment shall be levied and collected as
other county charges, and, when so collected, shall be paid to
the person in whose favor the judgment was rendered, upon the
delivery of a proper voucher therefor. If payment is not made
within 30 days after the time the treasurer is required by law
to make settlement with the auditor next after the rendition of
such the judgment, execution may issue, but only the property of
the county only shall be liable thereon on it.
373.25 [TAX LEVY, COUNTY BUILDING FUND.]
Subdivision 1. The county board of any county except
Hennepin and St. Louis counties may provide for and establish a
fund to be known as the county building fund. In addition to
all other kinds and amounts of taxes and the amount thereof
permitted by law to be levied for county purposes, the county
board of any county may include in its annual tax levy an amount
for the county building fund. The Its proceeds from any tax so
levied shall be credited to the county building fund. Any A
county building fund established pursuant to this section and to
which any such a tax shall have been is credited shall may
be used by the county solely for the acquisition of or for the
construction, reconstruction, maintenance to acquire, construct,
reconstruct, maintain and repair of buildings used or to be used
in the administration of its county affairs and the acquisition
of to acquire lands necessary for said those purposes and the
county is hereby authorized to use said fund for said purposes.
Subd. 2. This section shall does not be construed as
repealing repeal or superseding supersede any existing other
law now authorizing a levy for the same purpose.
373.26 [COUNTY PARKING FACILITIES.]
Subdivision 1. [APPLICATION.] No motor vehicle, either
privately or publicly owned, may be parked upon any a parking
lot or facilities owned or operated by any a county except as
authorized by this section.
Subd. 2. [REGULATIONS BY RESOLUTION.] The county board of
county commissioners of any county may regulate, by resolution,
the parking of motor vehicles, either privately or publicly
owned, including the authority to make charges for parking
privileges, upon any parking lot or facility owned or operated
by the county.
Subd. 3. [ENFORCEMENT.] Regulations promulgated under the
provisions of subdivision 2 shall be enforced by the county
sheriff unless the county board has entered into a service
contract for the enforcement thereof with the municipal council
of the municipality in which where the parking lot or facility
is located.
Subd. 4. [REMOVAL AND IMPOUNDING OF VEHICLES.] Any A motor
vehicle parked upon any a parking lot or facility owned and
operated by the county not in conformity with the resolution of
the county board regulating the its operation and use thereof
may be deemed a public nuisance and the county board may provide
for the abatement of such the nuisance by resolution.
Subd. 5. [PENALTIES.] Any A person, state, or county
official, elective or appointed, firm, association, or
corporation which violates any of the provisions a provision of
this section or a resolution of the county board of county
commissioners adopted under authority of this section is guilty
of a misdemeanor and upon conviction thereof, may be punished by
a fine of not more than $25 or by confinement in the county jail
for not more than five days, or by both.
All fines imposed and collected by any a court for
violations of said the regulations shall be remitted by said the
court to the treasurer of the county within 30 days after the
collection of said the fine.
Subd. 6. [EXCLUSION.] This section shall not apply to any
county containing a city of the first class.
373.27 [GREAT RIVER ROAD, FINANCIAL ASSISTANCE.]
Subdivision 1. The county board of any county lying
adjacent to the great river road or through which the great
river road passes as now existing or hereafter established, may
grant to the Mississippi river parkway commission of Minnesota,
the commissioner of transportation, or the commissioner of
natural resources such sums of the money as are available and
which it deems advisable, for the following purposes: The
promotion
(a) To promote and development of develop the great river
road in Minnesota; the paying of
(b) To pay actual expenses of commission members incurred
in the performance of their duties as commissioners; the
(c) To purchase of stationery and office supplies; and the
payment of
(d) To pay dues to the national Mississippi river parkway
commission, for the;and
(e) To purchase of lands and interests in lands including
scenic easements by the grantees, in addition to the normal
right of way required for the great river road. Such
Lands and interests in lands purchased may include parkway
features such as lands necessary for recreation, safety rest
areas, and the conservation of natural scenic beauty, including
such areas as submarginal lands, faces of adjacent hillsides,
lakeshore and river banks, swamps and residual parcels and areas
of historical, archeological or scientific interest, in
accordance with the joint report to congress and the plan
proposed by the state and approved by the secretary of commerce
and the secretary of the interior.
Subd. 2. Such County grants of the county may come from
any moneys money available in the county treasury and the county
may levy a tax upon all the taxable property within in the
county for the purpose of making to make the grants herein
authorized by this section.
Subd. 3. All moneys received as money grants heretofore
and hereafter under subdivision 1 shall be deposited in the
general fund in the state treasury and credited to in a special
account in the name of the commission or commissioner named in
subdivision 1 to whom it was granted and is appropriated to such
person the commission or commissioner for the purposes specified
in the grant. The moneys so granted, credited and appropriated
money shall not cancel at the end of a fiscal year but shall
remain available until expended for the purpose or purposes for
which it was granted. If no specific purpose is named in the
grant, the moneys money shall be available to such the
commission or commissioner for any of the purposes set forth in
said subdivision 1.
373.30 [CHANGE IN POPULATION OF POPULOUS COUNTIES,
APPLICATION OF STATUTES.]
Any A county with a population according to the 1960
federal census of less than 100,000 which has a population of
over 100,000 as a result of according to the 1970 federal census
shall be authorized to may continue to utilize use authorities
granted to counties of under 100,000 population notwithstanding
the change in population occurring as a result of the 1970
federal census. Statutory limitations and mandatory provisions
of law relating to counties of over 100,000 population shall not
apply to counties which had a population according to the 1960
federal census of less than 100,000 population. Statutory
limitations and mandatory provisions of law applicable to
counties of under 100,000 shall continue to apply to counties
which according to the 1960 federal census had less than 100,000
and which according to the 1970 federal census have a population
in excess of 100,000. Application of legislation passed in the
1969 legislative session or in subsequent sessions later shall
not be affected by this section.
373.31 [ECONOMIC DEVELOPMENT AGREEMENTS WITH SUBDIVISIONS
AND CORPORATIONS OF OTHER STATES.]
Subdivision 1. Any A county or two or more adjacent
counties may enter into make an agreement with contiguous
political subdivisions of an adjacent state, with nonprofit
corporations, or both, for the purpose of improving to improve
the economic development of the area.
Subd. 2. Notwithstanding the provisions and limitations of
section 275.09, and any other law, the county board of any
county may appropriate from the general revenue fund a sum not
to exceed one-thirtieth of a mill on the dollar of the taxable
valuation of the county for carrying to carry out the purposes
of this section.
373.32 [LICENSE BUREAU AUTHORIZED.]
For the purpose of promoting efficiency in county
government and to afford better service to the general public
Any county in the state is authorized to may establish a county
license bureau. The license bureau may be located in the county
seat or at such other another location or locations as the
county board may designate designates.
373.33 [STATE LICENSES MAY BE ISSUED.]
Notwithstanding any other law or regulation designating or
authorizing a specific county official to issue any license or
permit or to process or assist in preparing an application for
any license or permit issued by the state, the A county license
bureau is authorized to may issue, process or assist in
preparing an application for any license or permit issued by the
state or a state official including but not limited to game and
fish, trapping, wild rice harvest, motor vehicle, manufactured
home, trailer, snowmobile, water craft or drivers license or as
many of the licenses as is designated by the county board but.
This authority shall does not include the issuance of marriage
licenses. The county board may delegate the responsibility for
the issuance of any county license or permit to the county
licensing license bureau.
373.34 [IMPLEMENTATION, NOTICE.]
Subdivision 1. Sections 373.32 to 373.37 shall not be
operative in any a county until when the county board of
county commissioners shall pass passes a resolution declaring
its intent to proceed under the provisions of these sections and
to establish a county license bureau. The resolution
establishing a county license bureau shall take effect at such
date as when the county board shall designate designates but not
less than 30 days after the date of the adoption of the
resolution.
Subd. 2. No A resolution establishing a county license
bureau shall not be valid unless a notice of intention to adopt
a the resolution to establish a county licensing bureau has been
mailed by the clerk of the county board to each state department
having the responsibility for the issuance of a state license
not less than 20 days prior to before the date of the meeting at
which the adoption of a the resolution establishing a license
bureau is to be considered. A similar notice shall be delivered
by the clerk of the county board to the deputy registrar of
motor vehicles for the county and to each county officer having
the authority to issue, process or assist in the preparation of
an application for the issuance of any license not less than ten
days prior to before the date of the meeting at which the
establishment of a license bureau is to be considered.
373.35 [DIRECTOR OF BUREAU.]
Subdivision 1. The county auditor shall serve as the
director of the county license bureau, or, if he chooses not to
serve as the director, he the county board shall appoint any
other county officer or employee, or any other person, to serve
as the director upon the terms and conditions he the county
board deems advisable. The county board shall set the
compensation of the director and may provide for the expenses of
the office including the premium of any bond required to be
furnished by the director. The director shall exercise all have
the powers granted to and perform all duties imposed on the
county officer who previously had the authority to issue or
process the application for any license referred to in section
373.32.
Notwithstanding the provisions of section 168.33,
subdivision 2, the commissioner of public safety may appoint,
and for cause discontinue, the director as the deputy registrar
of motor vehicles in the county and. If appointed a deputy
registrar he shall have the same authority as a county auditor
to appoint one or more deputy registrars as provided in section
168.33, subdivision 2.
Subd. 2. The director shall be responsible for all funds
in his custody as the director of the license bureau and shall
deposit the funds them in the county treasury, a state
depository or forward the funds to the appropriate state
official at the times and in the manner as provided by law or
regulation rule or as designated by the county board not
inconsistent consistent with applicable statutes and regulations
rules. The director of the license bureau or an employee in the
bureau shall not be permitted to may not retain any portion of
the fee charged by law or any surcharge upon the license or
application, his. The sole compensation shall be the salary
provided by the county board.
373.37 [TERMINATION OF BUREAU.]
A county license bureau may be terminated in the same
manner as provided in section 373.34 to establish a license
bureau. Any Duties and responsibilities assigned to the
director of the license bureau upon termination of the bureau
shall then be vested in the officer or person which who has the
responsibility for the function as provided by other law at the
time of the termination.
373.38 [BUSINESS HOURS.]
All such offices County license bureaus shall maintain
hours to best serve the public need, and. They shall be open to
the public each week for a minimum period of at least three
hours one evening after 5:00 p.m. or on Saturday of each week.
373.39 [EXPENDITURES FOR FIRE PROTECTION AND COMMUNITY
PROJECTS.]
Any county located outside the metropolitan area as defined
in section 473.121, subdivision 2, may appropriate moneys from
its general fund or expend funds received from the federal
government under the State and Local Fiscal Assistance Act of
1972 (Title 1, Public Law 92-512) for the purpose of making to
make grants to cities and towns within the county to be used for
providing to provide fire protection, including the constructing
construction and equipping of local fire departments, or for
other community projects. The grants may be terminated upon
expiration of the federal act.
Sec. 2. Minnesota Statutes 1982, chapter 375, as amended
by Laws 1983, chapter 247, sections 147 and 219; chapter 307,
sections 1, 2, 3, 4, and 5; chapter 314, article 11, sections 18
and 21; and chapter 359, section 55, is amended to read:
375.01 [MEMBERS, NUMBER OF.]
Each county shall have a board of five commissioners who
shall be known as the county board and whose terms of office
shall be four years and until their successors qualify; but,.
In St. Louis, Anoka, Hennepin, Anoka, and Ramsey, and St. Louis
counties the board shall consist of have seven members.
375.025 [COMMISSIONER DISTRICTS.]
Subdivision 1. [STANDARDS.] The redistricting plan in use
in a county shall be effective and continue to be used until a
redistricting new plan is adopted in accordance with the
provisions of this section. Each county shall be divided into
as many districts numbered consecutively as it has members of
the county board. Commissioner districts shall be bounded by
town, municipal, ward, or precinct lines. Each district shall
be composed of contiguous territory as regular and compact in
form as practicable, depending upon the geography of the county
involved and shall be as nearly equal in population as possible,
provided that. No district shall vary in population more than
ten percent from the average for all districts in the county,
unless the result forces a voting precinct to be split. In
addition, A majority of the least populous districts shall
contain not less than a majority of the population of the
county. A county may be redistricted by the county board after
each federal census. When it appears after a federal census
that the districts of the county are not in accord with the
standards set forth in this subdivision, the county shall be
redistricted by the county board within 180 days of the date on
which certified copies of the latest federal census are filed
with the secretary of state in accordance with section 600.18.
Before acting to redistrict a county, the county board, or a
redistricting commission, if one be is appointed, shall cause at
least publish three weeks published notice of its purpose to do
so, stating the time and place of the meeting where the matter
will be considered, to be published in the newspaper having the
contract for publishing to publish the commissioners'
proceedings for the county for the current year.
Subd. 2. [VOTERS RIGHTS.] Any qualified voter may apply to
the district court of the county for a writ of mandamus (a)
requiring the county to be redistricted if the county board has
not redistricted the county within the time specified in
subdivision 1, or (b) to revise any arbitrary action or abuse of
discretion by the county board in redistricting the county;
provided,. Any application for revision of a redistricting plan
shall be filed with the district court within 30 days after the
filing of the redistricting plan with the county auditor. The
district court may direct the county board to show cause why it
has not redistricted the county or why the redistricting plan
prepared by it should not be revised, and. On a hearing thereon
the matter it may allow the county board additional time in
which to redistrict the county or to correct errors in the
redistricting plan. If it shall appear appears to the district
court that the county board has not been sufficiently diligent
in performing its redistricting duties, the court may appoint a
redistricting commission to redistrict the county in accordance
with the standards set forth in subdivision 1 and any other
conditions the court shall deem advisable and appropriate. If a
redistricting commission is appointed, the county board shall be
without authority to redistrict the county.
Subd. 3. [REDISTRICTING COMMISSION.] The redistricting
commission shall be composed of not less than five nor more than
nine residents of the county. No officer or employee of county
or local government except notaries public shall be eligible for
membership on the commission. Members of the commission shall
not be eligible for election to the county board until two years
after the redistricting in which they participated becomes
effective. Members of the commission shall serve without pay
but may be reimbursed their necessary expenses in the conduct of
the business of the commission. The county board shall provide
for the necessary expenses of the commission.
Subd. 4. [REDISTRICTING PLAN; ELECTION FOLLOWING
REDISTRICTING.] A redistricting plan whether prepared by the
county board or the redistricting commission shall be filed in
the office of the county auditor. Notice that the plan is on
file shall be published in the newspaper having the contract for
publishing to publish the commissioners' proceedings for the
current year. A redistricting plan shall be effective on the
31st day after publication of the notice unless a later
effective date is specified; provided, but no redistricting plan
shall be effective as to for the next election of county
commissioners unless the plan shall have been is filed with the
county auditor not less than 30 days before the first date
candidates may file for the office of county commissioner. One
commissioner shall be elected in each district who, at the time
of the election, shall be is a resident thereof and the of the
district. A person so elected shall be entitled to may hold the
office only while he remains a resident of the commissioner
district. The county board or the redistricting commission as
appropriate shall determine the number of members of the county
board who shall be elected for two year terms and for four year
terms in order to provide for staggered terms on the county
board. Thereafter, all commissioners shall be elected for four
years. When a county is redistricted, there shall be a new
election of commissioners in all the districts of the county at
the next general election except that where if the change made
in the boundaries of a district is less than 10 percent of the
average of all districts of the county, the commissioner in
office at the time of the redistricting shall serve for the full
period for which he was elected.
375.03 [TERM OF COMMISSIONERS.]
In each new county, and in each county which shall be
entitled to that has an increase of the number of commissioners,
there shall be elected at the next general election a
commissioner shall be elected from each odd-numbered district
for a term of two years, and one from each even-numbered
district for a term of four years; and. Thereafter all
commissioners shall be elected for a term of four years, except
that elections to fill vacancies shall be for the unexpired term
only. In counties having a population of more than 150,000,
every such commissioner, before he enters upon begins his
duties, shall give bond to the state in the sum of $10,000, with
a legally authorized surety company as surety, conditioned for
the faithful performance of his official duties. Such The bond
shall be approved by a judge of the district court, and together
with his the oath of office and certificate of election, be
filed with the county recorder. The premium on the bond shall
not exceed that prescribed by law for county treasurers, and
shall be paid by the county.
375.04 [TIE DETERMINED BY LOT.]
If two or more persons have an equal and the highest number
of votes for the office of county commissioner in any a
district, the auditor shall give written notice, in writing, to
such persons them to attend at his office at a time specified,
and. He shall then and there, in their presence, publicly
decide by lot which of them shall be declared elected. The
person so selected shall be the commissioner from the district.
375.055 [COUNTY COMMISSIONERS' COMPENSATION.]
Subdivision 1. [FIXED BY COUNTY BOARD.] The county
commissioners in all counties of the state, except Hennepin and
Ramsey counties, shall receive as compensation for services
rendered by them for their respective counties, annual salaries
and in addition may receive per diem payments and reimbursement
for necessary expenses in performing the duties of the office as
set by resolution of the county board, provided that. The
salary and schedule of per diem payments shall not become be
effective until January 1 of the next year. The resolution
shall contain a statement of the new salary to be established
set forth on an annual basis. The board may establish a
schedule of per diem payments for service by individual county
commissioners on any board, committee, or commission of county
government including committees of the board, or for the
performance of services by individual county commissioners when
required by law. In addition to its publication in the official
newspaper of the county as part of the proceedings of the
meeting of the county board, the resolution setting the salary
and schedule of per diem payments shall be published in one
other newspaper of the county, if there be is one located in a
different municipality in the county than the official
newspaper. The salary of a county commissioner or the schedule
of per diem payments shall not change except in accordance with
the provisions of this subdivision.
Subd. 4. [INCONSISTENT PROVISIONS SUPERSEDED.] Except as
otherwise herein provided, all acts or parts of acts, which
relate to salaries of county commissioners, in any county of the
state having a population of less than 100,000 according to the
1960 federal census, are hereby superseded as of January 1, 1969
insofar as they are inconsistent with the provisions of this
section.
Subd. 5. [OTHER BENEFITS.] Except as provided herein
nothing in this section shall limit the right of a county
commissioner to collect and retain any fees, per diem payment
made pursuant to subdivision 1, or any mileage or expense
allowance, or reimbursement of expenses in attending meetings or
in the conduct of the business of a board, commission or
committee of county government on which he serves, which he is
now authorized by any other provision of the law to collect and
retain in addition to the stated amount of his annual salary; or
to participate in any group insurance program instituted by the
county board for county officers and employees; provided that
the several. Members of the county board shall not receive a
per diem for service on the board of auditors, the board of
equalization, or the canvassing board.
Subd. 6. [VALIDATION.] The salary heretofore paid any
county commissioner under the provisions of any existing law
insofar as they are it is inconsistent with this section, which
may be found to be unconstitutional or invalid for any reason,
by a court of competent jurisdiction, is hereby legalized and
made valid.
375.056 [SEVEN-MEMBER BOARD.]
Any county with a population of 100,000 or more according
to the last federal decennial census may by resolution of its
county board provide for a seven-member board of county
commissioners. A certified copy of the resolution of the county
board of any county choosing to exercise this option shall be
transmitted to the secretary of state, and. The county
commissioner districts shall be redistricted by the county board
in accordance with section 375.025.
375.057 [SPECIAL ACTS PROVIDING FOR PAYMENT OF PER DIEMS.]
Any special act for a single county or group of counties
providing for the payment of per diems to county commissioners
is superseded to the extent that it is inconsistent with Laws
1975, chapter 301, sections 1 to 14. This section shall does
not apply to Hennepin, Ramsey, and St. Louis counties.
375.06 [COMPENSATION FOR COMMITTEE WORK; TRAVEL EXPENSES.]
Subdivision 1. The several members of the county boards in
counties other than Hennepin, Ramsey, and St. Louis, may be paid
a per diem pursuant to section 375.055, subdivision 1, for each
day necessarily occupied in the discharge of their official
duties while acting on any committee under the direction of the
board, and may be allowed and paid their actual and necessary
traveling expenses in accordance with section 471.665 for travel
incurred in the discharge of such the committee work. Any
committee may be comprised of all of the members of the county
board.
The several members of the county boards in addition to any
compensation authorized for their duties may be allowed and paid
their actual and necessary traveling expenses in accordance with
section 471.665 for travel incurred in attending meetings of the
board. The chairman of the county board may receive mileage
reimbursement in accordance with section 471.665 for going to
the county seat to sign warrants during recess of the county
board.
Subd. 2. If a county commissioner is authorized to be
reimbursed for his traveling expenses while performing his
official duties as a county commissioner or while serving on a
board, commission or committee, such the reimbursement shall be
limited to expenses actually paid or incurred by him. If
authorized to be paid mileage or receive reimbursement for
expenses in performing any such a duty and the commissioner uses
his private automobile, he may be reimbursed for the its use
thereof at not to exceed more than the rate specified for such
reimbursement in section 471.665 for each mile actually
traveled. This subdivision shall does not supersede any law
specifying a maximum mileage or expense allowance for a
commissioner or for all commissioners on a county board.
375.07 [MEETINGS; QUORUM.]
The board shall meet at the county-seat for the transaction
of business on the first Tuesday after the first Monday in
January, and on other days it prescribes as it deems necessary
for the interests of the county. A majority shall constitute a
quorum, and no business shall be done unless voted for by a
majority of the whole board, but less than a majority may
adjourn. Sessions shall be called by a majority of the board
and the clerk shall give at least ten days' notice of them to
each of the commissioners.
375.08 [BOARD TO FILL VACANCIES IN COUNTY OFFICES.]
When a vacancy occurs in the office of county auditor,
county treasurer, county recorder, sheriff, county attorney,
county surveyor, or coroner, the county board shall fill the
same it by appointment. For that purpose it shall meet at the
usual place of meeting, upon one day's notice from the chairman
or clerk, which shall be served personally upon each member in
the same manner as a district court summons is authorized to be
served. The person so appointed shall give the bond and take
the oath required by law, and shall hold for serve the remainder
of the unexpired term, and until his a successor qualifies;
provided, that. When such a vacancy occurs in any of the
offices hereinbefore mentioned, in which an office there is that
has a chief deputy or first assistant, then the chief deputy or
first assistant is empowered and authorized to may perform all
of the duties and functions of the office until such time as the
same it is filled by appointment by the county board.
375.09 [MAY NOT HOLD OTHER OFFICE; NO INTEREST IN CONTRACT;
VIOLATION; MALFEASANCE.]
No county commissioner shall be appointed or elected by the
board of which he is a member to any office or position of trust
or emolument nor be employed by the county in which he is a
commissioner, and. No commissioner shall receive any money or
other valuable thing as a condition of voting or inducement to
vote for any contract or other thing under consideration by the
board, or become a party to, or directly or indirectly
interested in, any contract made by the board; and. Every
appointment or election made and every contract or payment voted
for or made contrary to the provisions of this section shall be
is void. Any violation of the provisions of this section shall
be is a malfeasance in office.
375.101 [VACANCY IN OFFICE OF COUNTY COMMISSIONER.]
Subdivision 1. A vacancy in the office of county
commissioner shall be filled at a special election to be held
not less than 30 nor more than 60 days after the vacancy
occurs. The special primary or special election may be held on
the same day as a regular primary or regular election, provided
that but the special election shall be held not less than 14
days after the special primary election. The person elected at
the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and
taking the oath of office and shall serve the remainder of the
unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election
shall be based on the district as reapportioned.
Subd. 2. If the vacancy occurs less than 60 days before
the general election preceding the end of the term, the vacancy
shall be filled by the person elected at that election for the
ensuing term who shall take office immediately after receiving
the certificate of election and upon, filing the bond and taking
the oath of office.
Subd. 3. In addition to the events specified in section
351.02, absence from the county for six consecutive months shall
be deemed to create a vacancy.
375.11 [SEAL; AUTHENTICATED COPIES OF BOARD PROCEEDINGS
PRIMA FACIE EVIDENCE.]
The seal of the county auditor shall be the seal of the
board and. Copies of its proceedings, authenticated as required
by law, shall be prima facie evidence thereof of them in all
cases.
375.12 [PUBLICATION OF PROCEEDINGS.]
Subdivision 1. The county board shall cause have the
official proceedings of its sessions to be published in some
qualified newspaper produced and published in its county, which
. The publication shall be let annually by contract to the
lowest bidder, at the first regular session of the board in
January each year. The board may elect to publish all or any
part of the official proceedings; provided that. In the case of
partial publication, the published proceedings shall indicate in
what respect they are incomplete. In each county whose
population exceeds 600,000, the proceedings shall be published
in a daily newspaper. The board may reject any offer if, in its
judgment, the public interests so require, and may thereupon
then designate a newspaper without regard to any rejected
offer. In any county whose population exceeds 50,000, and is
less than 250,000, the proceedings may be published in one daily
and one weekly newspaper at their respective the county seats
seat. If the official newspaper of the county shall cease
ceases to exist for any reason, except by consolidation with
another newspaper, the county board shall have authority to may
designate another newspaper for the remainder of the year. For
the purpose of this section, a newspaper is produced and
published in the county if it has in the county its known office
of issue, as such term is defined in section 331.02, and if it
does its typographic composition or presswork or both in the
county.
Subd. 2. Individualized itemized accounts, claims or
demands allowed by the county board pursuant to section 471.38,
subdivision 1, need not be published pursuant to subdivision 1,
provided that if the amount allowed from each claim is $100 or
less. The official proceedings following the itemization of
accounts required shall contain a statement showing the total
number of claims that did not exceed $100, and the their total
dollar amount of those claims.
375.13 [CHAIRMAN.]
The county board, at its first session in each year, shall
elect from its members a chairman and a vice-chairman. The
chairman shall preside at its meetings and sign all documents
requiring signature on its behalf and. His signature as
chairman, attested by the clerk of the county board, shall be
binding as the signature of such the board. In case of the
absence or incapacity of the chairman, the vice-chairman shall
perform his duties. If the chairman or vice-chairman are absent
from any meeting, all documents requiring the signature of the
board shall be signed by a majority thereof of it and likewise
attested by the clerk.
375.14 [OFFICES AND SUPPLIES FURNISHED FOR COUNTY
OFFICERS.]
The county board shall provide offices at the county-seat
for the auditor, treasurer, county recorder, sheriff, judge of
probate, clerk of the district court, and shall provide an
office for the county engineer at a site determined by the
county board, with suitable furniture therefor, also and safes
and vaults for the security and preservation of the books and
papers belonging thereto of the offices, and provide for the
heating, lighting, and maintenance of such the offices. The
board shall furnish all county officers with all books,
stationery, letter-heads, envelopes, postage, telephone service,
office equipment, and supplies necessary to the discharge of
their respective duties and make like provision for the judges
of the district court so far as may be necessary to the
discharge of their duties within the county or concerning
matters arising therein; provided, that in it. The board shall
is not be required to furnish any county officer with
professional or technical books or instruments except in so far
as when the board may deem the same to be deems them directly
necessary to the discharge of his official duties as part of the
permanent equipment of his the office.
375.15 [DAMAGED RECORDS TRANSCRIBED.]
In case If the records of any offices office named in
section 375.14 shall be are damaged so as to render any portion
of them liable to become illegible, destroyed, or lost, the
county board shall provide suitable books, and cause such the
records to be transcribed, so that the new volumes will
correspond, in designation, letter or number, and page, to the
original records. The fees for such the work shall be fixed by
such the board, and shall not exceed seven cents per folio for
the whole work done. Printed record books shall be used when
practicable for both original and transcribed records.
375.16 [APPROPRIATION FOR INCIDENTAL EXPENSES.]
At its regular meetings in January and July the county
board may appropriate from the county revenue fund a sum to pay
incidental expenses of county officers incurred for postage, and
for necessary express, freight, telephone, telegraph, water, and
light and, other utility charges, and the mileage and per diem
of town officers making election returns, to be paid on the
warrant of the county auditor upon the presentation of a
properly itemized and verified bill, except in cases where. When
the county auditor considers the sum charged excessive, in which
case he shall file the bill, if requested by the person
presenting the same it, for action by the board at its next
meeting.
375.161 [INCIDENTAL COSTS AND EXPENSES; CONTINGENT FUND;
ADDITIONAL APPROPRIATIONS.]
Subdivision 1. In addition to the amount authorized by
section 375.16, each county board may annually appropriate from
the county revenue fund a sum not exceeding $750 more than
$1,500 as a contingent fund for use by the county board to pay
for incidental costs and expenses incurred by them in expediting
the business of the county.
Subd. 2. Nothing in subdivision 1 shall operate to lessen
the amount of a contingent fund available to the county board or
the chairman of a county board under the authority of a special
act for a single county enacted previous to the effective date
of Laws 1973, Chapter 373 before August 1, 1973.
375.162 [IMPREST CASH FUNDS.]
Subdivision 1. The county board may establish one or more
imprest funds for the payment in cash of any proper claim
against the county which it is impractical to pay in any other
manner, except that. No claim for salary or personal expenses
of a county officer or employee shall be paid from such funds an
imprest fund. The county board shall appoint a custodian of
each such imprest fund and he who shall be responsible for its
safekeeping and disbursement according to law. Money for the
operation of such an imprest fund shall be secured by a warrant
issued on the general revenue fund. A claim itemizing all the
various demands for which disbursements have been made from the
fund shall be presented to the county board at the next county
board meeting after the month in which the disbursements have
been made. The county board shall act upon it as in the case of
other claims and a warrant shall be issued to the custodian for
the amount allowed. The custodian shall use the proceeds of the
warrant to replenish the fund, and if the county board fails to
approve the claim in full for any sufficient reason, the
custodian shall be personally responsible for the difference.
Subd. 2. The county board may authorize an imprest fund
for the purpose of advancing money to officers or employees to
pay the their actual and necessary expenses of such officer or
employee in attending meetings outside the county. The county
board shall appoint a custodian of such the fund and he who
shall be responsible for its safekeeping and disbursement
according to law. Attendance at such meetings outside the
county shall be authorized in advance by the county board. At a
meeting of the county board in the month after such a meeting
outside the county, the officer or employee shall submit an
itemized claim for the actual and necessary expenses incurred
and paid by him in attending such the meeting. The county board
shall act upon it as in the case of other claims and a warrant
shall be issued to the officer or employee for the amount
allowed. The officer or employee shall use the proceeds of the
warrant to repay the amount advanced from the fund, and. If the
amount approved by the county board is insufficient to repay the
advance, the officer or employee shall be personally responsible
for the difference.
375.163 [ASSOCIATION OF COUNTY COMMISSIONERS MINNESOTA
COUNTIES; DUES, EXPENSES.]
The county board of any county may appropriate out of its
general fund money to pay the annual dues of the county for
membership in the state association of county commissioners
Minnesota counties and the actual necessary expense of delegates
designated by the county board to attend meetings of the league
association.
375.164 [TELEVISION TRANSLATOR STATIONS, CONSTRUCTION BY
COUNTY.]
The county board of any county in this state is hereby
authorized to may appropriate annually from the county general
revenue fund of such county an amount necessary to fund the
construction, acquisition, improvement, or maintenance of a
translator station within such in the county for the purpose of
receiving to receive and transmitting transmit television
broadcasting signals.
375.165 [COUNTY TRANSLATOR SYSTEMS; FUNDING.]
Notwithstanding the provisions of section 375.164, or any
other contrary law to the contrary, the county board of any
county owning, operating or maintaining a translator system on
April 14, 1976, may singly or jointly with contiguous counties
appropriate from the general revenue fund an amount necessary to
fund the construction, acquisition, improvement, maintenance and
operations of a translator system either within in or without
outside of the county for the purpose of receiving to receive
and transmitting transmit television broadcasting signals. The
county may singly or jointly with contiguous counties acquire,
by gift, lease or purchase, any real estate or interest therein
in real estate upon such the terms or conditions, including
contracts for fees, as it shall determine determines, either
within in or without outside of the county, for the purpose of
establishing, improving to establish, improve or operating
operate a television translator system. No real estate located
in another county may be acquired unless the county board of the
county in which where the real estate is located approves the
proposed acquisition. The county may issue bonds in accordance
with the provisions of chapter 475, for the acquisition,
construction or improvement of television translator systems and
the acquisition of real estate therefor for them.
375.167 [NONPROFIT LEGAL ASSISTANCE CORPORATIONS.]
Subdivision 1. [APPROPRIATIONS.] Notwithstanding the
provisions and limitations of section 275.09, and any other
contrary law to the contrary, the a county board of any county
may appropriate from the general revenue fund to any nonprofit
corporation a sum not to exceed one-fourth of a mill on the
dollar of the taxable valuation of the county for the purpose of
providing to provide legal assistance to persons who are unable
to afford private legal counsel. This levy shall be is subject
to the levy limits established by sections 275.50 to 275.59.
Subd. 2. [CONTIGUOUS COUNTIES MAY COMBINE APPROPRIATIONS.]
Any two or more contiguous counties may by concurrent resolution
of their county boards combine their appropriations to a single
nonprofit corporation to serve the purpose of subdivision 1 in
their counties.
375.168 [UNDERCOVER BUY FUND; EXPENDITURE OF MONEY BY
COUNTIES.]
The A county board of any county may appropriate money for
investigation of criminal activity relating to receiving or
selling stolen goods, including the setting aside of money for
"buy funds."
375.17 [PUBLICATION OF FINANCIAL STATEMENTS.]
Annually, not later than the first Tuesday after the first
Monday in March, the county board shall make a full and accurate
statement of the receipts and expenditures of the preceding
year, which shall contain a statement of the assets and
liabilities, a summary of receipts, disbursements, and balances
of all county funds together with a detailed statement of each
fund account, under the form and style prescribed by and on file
with the state auditor, which. The prescribed form and any
changes or modifications thereof of it shall so far as practical
be uniform for all counties and shall be approved by the
attorney general and the state printer and. Within 30 days
thereafter after the first Tuesday after the first Monday in
March the board shall cause the same to be published publish the
statement for one issue in some a duly qualified legal newspaper
within in the county, which newspaper must be a duly qualified
legal newspaper, as provided by law. The county board may also
refrain from publishing an itemized account of amounts paid out,
to whom and for what purpose to the extent that the published
proceedings of the county board contain such the information,
provided that if all disbursements aggregating $5,000 or more to
any person are set forth in a schedule of major disbursements
showing amounts paid out, to whom and for what purpose and are
made a part of, and published with, the financial statement.
The county board may refrain from publishing the names and
amounts of salaries and expenses paid to employees but shall
publish the totals of disbursements for salaries and expenses.
The county board may refrain from publishing the names of
persons receiving poor relief or direct relief and the amounts
paid to each, but the totals of the disbursements for such those
purposes must be published. In addition to the publication
thereof in the newspaper designated by the board as the official
newspaper for publication of the financial statement, the same
statement shall be published in one other newspaper of the
county, if there be one is located in a different municipality
in the county than the official newspaper. The county board
shall call for separate bids for each publication. Insofar as
any If a provision of this section is inconsistent with the
provisions of section 393.07, the provisions of that section
shall prevail.
375.18 [GENERAL POWERS.]
Subdivision 1. [ACCOUNTS, EXAMINATION, SETTLEMENT AND
ALLOWANCE.] Each county board may examine and settle all
accounts of the receipts and expenses of the county, and
examine, settle, and allow all accounts, demands, and causes of
action against the same county, and, when so settled, issue
county orders therefor for them, as provided by law.
Subd. 2. [MANAGE PROPERTY, FUNDS, BUSINESS.] Each county
board may have the care of the county property, and management
of the county funds and business, except in cases otherwise
provided for, and make such orders concerning the same them as
it deems expedient.
Subd. 3. [COURTHOUSE.] Each county board may erect,
furnish, and maintain a suitable court house but. No
indebtedness shall be created for such purpose a court house in
excess of 1-2/3 mills on each dollar of assessed valuation
without the approval of a majority of the voters of the county
voting on the question of issuing the obligation at an election.
Subd. 4. [TOWNS, ORGANIZATION, BOUNDARIES.] Each county
board may set off, organize, vacate, and change the boundaries
of towns subject to the limitations hereinafter prescribed,
designate the time and place of holding the first town meeting
therein of a town, and make all necessary orders for the
disposition and preservation of the records of any town vacated.
Subd. 5. [TOWNS, APPORTIONMENT OF FUNDS.] Each county
board may apportion, pro rata, according to the assessed
valuation, among the several parts of a town divided by it, any
funds of such the town not raised or theretofore appropriated
for a purpose inconsistent with such the apportionment.
Subd. 6. [TOWNS, APPORTIONMENT OF TAXES.] Each county
board may apportion all uncollected taxes then levied or
assessed for the benefit of any town divided by the board, and
provide for the payment thereof pay them when collected,
pursuant to the apportionment, having due regard to the purpose
for which such the taxes were levied.
Subd. 7. [TRANSFER OF SURPLUS.] Each county board may
transfer by unanimous vote any surplus beyond the needs of the
current year in any county fund to any other such county fund to
supply a deficiency therein, except in counties having over
75,000 inhabitants in it.
Subd. 8. [COUNTY AGRICULTURAL SOCIETY, FARM IMPROVEMENT
ASSOCIATION, APPROPRIATION.] Each county board may appropriate
to any county agricultural society of its county, which is a
member of the state agricultural society, or to any farm
improvement association organized by the citizens of two or more
counties jointly for the purpose of advancing to advance the
agricultural interest of each of such the counties, a sum of
money not exceeding $1,000 each, annually; provided, that. In
any county in which where two county agricultural societies are
members of the state agricultural society any appropriation so
made shall be divided equally between them; and,. In addition
to the appropriation above referred to above, in all cases where
if a county owns grounds and buildings used for agricultural
fairs and other purposes, the county board, by a four-fifths
majority vote, may appropriate annually a sum of money equal to
five ten percent of the total value of such the property to the
association or society having the management, control, and
direction of agricultural fairs held therein there, for the
purpose of repairs, upkeep, improvements, extensions, to repair,
maintain, improve, extend and alterations of such alter the
grounds and buildings; and, in all such cases, if the area of
any such county is not less than 43, nor more than 45, full or
fractional congressional townships and the population thereof is
not less than 25,000, nor more than 31,000, according to the
last federal census, such additional appropriation may be a sum
not exceeding ten percent of the total value of such property.
Subd. 9. [COUNTY FAIRS, PURCHASE OR CONDEMNATION OF
LANDS.] Each county board may purchase or condemn land, with
such improvements, if any, as may be thereon, for the purpose of
holding thereon on it, to hold agricultural fairs and
exhibitions and appropriate money in payment therefor to pay for
it, not exceeding the sum of $5,000, and such $25,000. The
county board may purchase or condemn land for holding such fairs
and exhibitions thereon and appropriate money in payment
therefor for it in excess of the sum of $5,000 $25,000 when
authorized so to do by a vote of the people;. It may accept and
receive a donation or donations to be used to obtain lands for
the purpose of holding thereon agricultural fairs and
exhibitions and in such that case and for such that purpose,
without being authorized by a vote of the people, to it may
purchase or condemn lands not exceeding in value the amount of
such the donation or donations; improve and erect structures
thereon on the lands, for which purpose they may receive
donations of money, materials or labor; and. It may lease such
the land from time to time to agricultural and other societies
of similar nature and establish reasonable rules and regulations
under which such land it may be used by all such the societies
in the county; provided, that. All structures and improvements
made on such the land by societies using the same it shall
belong to the county.
(All proceedings for the condemnation of such the lands
shall be had under the provisions of chapter 117.)
Notwithstanding this section, upon majority vote of the
Dakota county board, the Dakota county board may spend up to but
not to exceed $240,000 for the purposes of payment for property
needed for expansion of the Dakota county fairgrounds. This
provision expires January 1, 1978.
Subd. 10. [ERECTION OF MEMORIALS TO VETERANS.] Each county
board may appropriate, in counties having a population of not
more than 20,000, a sum not exceeding $10,000, and in counties
having a population of more than 20,000, and less than 100,000,
a sum not exceeding $20,000, funds to erect or aid in erecting a
monument or other memorial to the soldiers and sailors of the
nation, such monument or other memorial to be constructed on the
court house square, or in a public park at the county-seat
county seat, or in a cemetery adjacent to the county-seat county
seat, or elsewhere in the county-seat county seat.
Subd. 11. [CONSTRUCTION OF RAILWAYS.] Each county board
may authorize by resolution any person, company, or corporation
to construct and maintain railway lines to be operated by other
than steam power upon any public road outside of cities not
boulevarded or parked, for a period not exceeding 25 years, upon
the terms as to use and occupation prescribed in such the
resolution;. The use so granted shall not to interfere with
the reasonable use of such the road as a highway, and to shall
cease in case of the vacation thereof of the road, unless
proceedings to condemn are taken within six months thereafter
after the vacation and diligently prosecuted; provided, that
such. The railway and its property shall be subject to taxation
by such the methods and at such the rate as the proper
authorities may from time to time prescribe in accordance with
law.
Subd. 12. [PARKS, ACQUISITION OF LAND.] Each county board
may acquire by gift or purchase and improve not exceeding one
acre of land within the county, for use as a park, site for a
building, or other public purpose, and, when required by the
public interest, sell and convey the same; which it. The land
may be paid for out of moneys in the county treasury not
otherwise appropriated, or by issuing bonds of the county.
Subd. 13. [POWERS CONFERRED BY LAW.] Each county board may
exercise such the other powers as are or may be conferred upon
them it by law.
375.181 [SITES FOR COUNTY BUILDINGS.]
If the board of county commissioners of any county at any
regular or extra meeting shall adopt adopts and enter enters in
the minutes of its proceedings a resolution declaring that it is
necessary to acquire for the use of the county any land,
describing it, to be used as a site for a courthouse or other
public building or for the purpose of enlarging to enlarge the
site of any such a courthouse or other public building already
owned by the county, and the board of county commissioners is
unable to purchase the land at a reasonable price, the title to
any such land may be acquired by condemnation as provided in
chapter 117.
375.19 [ADDITIONAL POWERS.]
In addition to all other powers now or hereafter by law
conferred upon county boards, authority hereby is given to
receive and A county board may accept for their counties its
county real or personal property by gift, bequest, devise,
conveyance, or otherwise from any person whose care, support,
treatment, or maintenance, in whole or in part, is or may be
chargeable to or furnished or provided by such counties the
county, and to hold or dispose of the same it for the benefit of
their counties the county, as by law provided in the case of
other county property; to. It may permit use of county
equipment for soil conservation projects and to make annual
expenditures from the general revenue fund for soil conservation
purposes. All expenditures made by any county board of
commissioners subsequent to May 1, 1947, not exceeding any
annual amount provided for, are hereby validated.
375.192 [REDUCTIONS IN ASSESSED VALUATION OF REAL
PROPERTY.]
Subdivision 1. Notwithstanding section 270.07, upon
written application by the owner of the property, the county
board of each county shall have power to may grant such a
reduction, for the current year, of the assessed valuation of
any real property in that county which erroneously has been
classified, for tax purposes, as non-homestead property, as is
necessary to give it the assessed valuation which it would have
received if it had been classified correctly. The application
shall be made on a form prescribed by the commissioner of
revenue. It shall include the social security number of the
applicant and a statement of facts of ownership and occupancy,
and. It shall be sworn to by the owner of the property before
an officer authorized to take acknowledgments. Before it is
acted upon by the county board, the application shall be
referred to the county assessor, or if the property is located
in a city of the first class having a city assessor, to such the
city assessor, who shall investigate the facts and attach his
report of such the investigation to the application.
With respect to abatements relating to the current year's
tax processed through June 30, the county auditor shall notify
the commissioner of revenue on or before July 31 of that same
year of all applications granted pursuant to this subdivision.
Subsequently, With respect to abatements relating to the current
year's tax processed after June 30 through the balance of the
year, the county auditor shall notify the commissioner of
revenue on or before the following January 31 of all such
applications granted pursuant to this subdivision. The form
submitted by the county auditor shall be prescribed by the
commissioner of revenue and shall contain the information which
the commissioner deems necessary.
Subd. 2. Notwithstanding section 270.07, upon written
application by the owner of the property, where such if the
application seeks a reduction in estimated market value not in
excess of $2,000, the county board may grant such the reduction
or abatement of estimated market valuation or taxes and of any
costs, penalties or interest thereon on them as said the board
may deem deems just and equitable and to order the refundment
refund in whole or in part of any taxes, costs, penalties or
interest thereon which have been erroneously or unjustly paid.
Such The application must be approved by the county assessor, or
, if the property is located in a city of the first class or
city of the second class having a city assessor, by such the
city assessor, and by the county auditor prior to before
consideration by the county board. The methods of obtaining a
reduction or abatement of ad valorem values contained in
subdivisions 1 and 2 shall be are in addition to the method
provided in Minnesota Statutes 1965, section 270.07.
Subd. 3. Subject to the approval of the commissioner of
revenue, the county board shall authorize the county auditor to
grant the credits denied under section 272.115, subdivision 4,
provided that if a certificate of value has been filed with the
county auditor. The county board shall not hear any requests
under this subdivision after May 31 of the year in which the
taxes are payable.
375.193 [RETAIL VENDORS OF SOFT DRINKS, LICENSES.]
There is hereby conferred upon each A county board the
authority may, by resolution or ordinance, to license or
regulate the business of vendors at retail of soft drinks and
other nonalcoholic beverages located outside the limits of any
municipality. The board may impose a reasonable license fee
therefor and suspend or revoke such a license for any violation
of such the ordinance or resolution or of chapter 340. Any A
person violating the terms of any who violates a resolution or
ordinance adopted pursuant to this section shall be is guilty of
a misdemeanor.
375.195 [SALE OF BUILDINGS ON PUBLIC PROPERTY.]
Subdivision 1. [COUNTY AUDITOR MAY SELL PROPERTY.] Upon
resolution of the county board, the county auditor may offer for
sale and sell at public auction for cash at not less than the
value appraised by the county board, any buildings or
improvements upon any lands held by the state in trust for the
taxing districts. If such the buildings are not sold at the
public auction as herein provided, they may thereafter, and, at
any time within one year from the date thereof of the auction,
be sold at private sale by the county auditor at not less than
the appraised value.
Subd. 2. [SALE ON REQUEST OF COMMISSIONER OF NATURAL
RESOURCES.] The county auditor may offer for sale and sell at
public auction any buildings or improvements upon state lands or
platted lots under the control of the commissioner of natural
resources not held in trust for the taxing districts, at not
less than the value appraised by the county board and approved
by the commissioner of natural resources, provided such
buildings or improvements shall not be offered for sale by the
county auditor unless if requested to do so by the commissioner
of natural resources. If such the buildings or improvements are
not sold when offered at such the public sale, they may
thereafter and within the period of one year therefrom from the
date of the auction be sold at private sale by the county
auditor at not less than the their appraised value thereof.
Subd. 3. [FINDING BY COUNTY BOARD.] No such The buildings
or improvements shall not be offered for sale or sold until the
county board has, by resolution, found that such buildings or
improvements they constitute a fire hazard, an inducement to
trespass, or constitute a public nuisance. At least two weeks
prior to before the sale of such buildings or improvements, the
county auditor shall cause to be published publish in a legal
newspaper in the county and shall post on the bulletin board in
his office and at least one other prominent place in the court
house, a notice of such the sale, which notice shall include the
date of the sale, a description of the buildings and
improvements, and the lands upon which they are situated and the
their appraised value thereof.
Subd. 4. [SALE CONDITIONED UPON REMOVAL.] All sales under
subdivisions 1 or 2 shall be conditioned upon the removal from
the land by the purchaser of all buildings and improvements
within 90 days of the date of purchase, and. Upon failure to so
remove them, the buildings shall revert to the state and may be
resold as provided in subdivisions 1 or 2.
Subd. 5. [DISPOSITION OF PROCEEDS.] The proceeds from the
sale of any such buildings or improvements located on lands held
by the state in trust for the taxing districts, shall be
deposited in the forfeited tax fund of the county and shall be
distributed in the same manner as if the parcel of land on which
the buildings or improvements were situated had been sold. The
proceeds from the sale of any buildings or improvements on lands
held by the state free of any trust for the taxing districts
shall be remitted by the county auditor to the commissioner of
natural resources to be deposited in the state treasury in the
fund to which the proceeds from the sale of the lands from which
the buildings are removed would properly be credited.
375.20 [QUESTIONS SUBMITTED TO VOTE; BALLOT.]
When If the county board is authorized to may do any an
act, incur any a debt, appropriate money for any a purpose, or
exercise any other power or authority, only when if authorized
to do so by a vote of the people, the question to be voted upon
may be submitted at a special or any general election, by a
resolution specifying the matter or question to be voted upon;
and,. If it the question is to authorize the appropriation of
money, creation of a debt, or levy of a tax, it shall state the
amount thereof. Notice of the election shall be given as in the
case of special elections; and,. If the question submitted is
adopted, the board shall pass an appropriate resolution to carry
it into effect. In all such elections the election the form of
the ballot shall be: "In favor of (here state the substance of
the resolution to be submitted), Yes ...... No......," with a
square opposite each of the words "yes" and "no," in one of
which the voter shall mark an "X" to indicate his choice. The
county board may call a special county election upon any such a
question to be held within 60 days after a resolution to that
effect is adopted by the county board. Upon the adoption of the
resolution the county auditor shall post and publish notices of
the election, as required by section 204D.22, subdivisions 2 and
3. The election shall be conducted and the returns canvassed in
the manner prescribed by sections 204D.20 to 204D.27, so far as
practicable.
375.21 [CONTRACTS OF COUNTY BOARDS.]
Subdivision 1. When required by the dollar limitations
provided by of section 471.345, a contract for work or labor, or
for the to purchase of furniture, fixtures, or other property,
or for the construction to construct or repair of roads,
bridges, or buildings shall be made by a county board only after
advertising for bids or proposals in a qualified legal newspaper
of the county. If, For the purchase of property or for work and
labor, two weeks published notice that proposals will be
received, stating the time and place, shall be given. If, For
the construction or repair of roads, bridges, or buildings,
three weeks published notice shall be given. The notice shall
state the time and place of awarding the contract and contain a
brief description of the work. Every such contract shall be
awarded to the lowest responsible bidder and duly executed in
writing, and. The person to whom the same it is awarded shall
give a sufficient bond to the board for its faithful
performance. If no satisfactory bid is received, the board may
readvertise.
An advertised standard requirement price contract for
supplies or services established by competitive bids may contain
an escalation clause and may provide for a negotiated price
increase or decrease. The escalation or negotiated change shall
be based upon a demonstrable industry-wide or regional increase
or decrease in the vendor's costs.
Every contract made without compliance with the provisions
of this section shall be is void.
In case of an emergency arising from the destruction or
impassability of roads or bridges by floods, rain or snow, or
other casualty, or from the breaking or damaging of any county
property, where if the public interests would suffer by delay,
such contracts for purchase or repairs may be made without
advertising for bids, but in such that case the action of the
board shall be recorded in its official proceedings.
375.22 [EMERGENCY.]
In case of an emergency arising from breakage, damage, or
decay in any county property of any county with a population of
more than 225,000, that cannot be allowed to wait for the time
required to advertise for bids, then such repairs may be made
without advertising for bids; provided, such if the work is
authorized by a majority of the board of county commissioners,
and such the action shall be is ratified and recorded in the
official proceedings of the board at its next meeting.
375.23 [ASSESSMENT AND ROAD DISTRICTS IN UNORGANIZED
TERRITORY; ASSESSORS; OVERSEERS OF ROADS.]
The county board of any county, any part of which is not
organized into towns, shall, at its meeting in January, in each
year, divide such the unorganized territory into one or more
assessment and road districts and appoint a qualified person
residing therein there as assessor for each district and another
as overseer of roads therein, each of whom shall possess the
powers and perform the duties of a town assessor and town
overseer of roads, respectively. Each shall hold his office for
the term of one year. The compensation of any such an overseer
of roads shall be fixed by the county board, not exceeding $4
per day. The compensation of any such an assessor shall be
fixed by the county board, not exceeding $6 per day; provided,
that the county board at its annual meeting may fix the
compensation of the assessor, or on an annual basis, but such
compensation when so fixed shall not exceed exceeding $400 and
shall not be nor less than $75 in any one year and, in addition
to the per diem or compensation fixed on an annual basis,. The
county board is authorized in its discretion to may also allow
the assessor mileage at the rate of five cents per mile for each
mile necessarily traveled in his assessment work.
375.24 [APPOINTMENT OF CONSTABLES IN CERTAIN UNORGANIZED
TERRITORY.]
In any a county having no organized townships or in which
having a full and fractional unorganized township is more than
20 miles from the nearest town or municipality or county seat
and is entirely separated from the town or municipality or
county seat by water, the county board of the county may appoint
one or more constables for the unorganized township townships.
The constables shall have the same powers and duties as
constables in towns in the county.
Before entering upon their duties, the constables shall
give bond to the county in a penal sum as the county board
determines. The bonds shall be otherwise conditioned as bonds
for such officers constables in towns in the county. The bonds
shall be approved by the county board and filed with the clerk
of district court.
375.25 [COUNTY BONDS MAY BE BOUGHT BY FUNDS IN TREASURY;
RE-SALE RESALE.]
When any a fund in the treasury of any a county of this
state having not more than 50,000 population is of such a size
that, in the opinion of the county board, the same would it will
not be necessary to be expended spent for the purpose for which
it was paid in within the next two or more years from the time
of such determination, the board may thereupon authorize the
auditor and treasurer of the county to purchase out of such the
fund any outstanding bonds of the county at not exceeding the
more than their face value thereof and accrued interest thereon
to the date of purchase and. The bonds so purchased shall be
kept by the treasurer as an asset of such the fund. Any The
bonds so purchased may again be sold by the board at not less
than the their face value thereof when, in its judgment, it is
deemed necessary to replenish the fund out of which such bonds
they were purchased.
375.26 [GIFTS, ACCEPTANCE.]
Any A county in this state may receive by grant, gift,
devise, or bequest, and take charge of, own, hold, control,
invest, and administer free from taxation, in accordance with
the terms of the trust or the conditions of the gift, any
personal property, and any real property not to exceed 40 acres
in any one county, for the use and benefit of the inhabitants of
the county or as a park or recreation grounds, and in the
encouragement to encourage, aid, and maintenance of maintain the
county cooperative work and education in agriculture and home
economics. Such The county may, from time to time, by
resolution of the county board, appropriate from the county
revenue fund such sum or the sums as may by the board be deemed
necessary by the board to suitably maintain, improve, and care
for the property for such use and purpose.
375.27 [LIABILITIES, LIMITATIONS, AND CONDITIONS OF GIFTS
OF REALTY.]
No county, by receiving any a grant, gift, devise, or
bequest of any property pursuant to section 375.26 and holding
and managing the same it, shall incur or be subject to any
liability of any kind or nature growing out of the its ownership
or management thereof; except that, but limitations and
conditions may be imposed by the deed of gift as to the use of
the property donated and, if the gift is accepted by the county,
it shall be the duty of the county to comply with the
limitations and conditions so imposed them.
375.273 [ACCEPTANCE OF DONATIONS FOR CARE OF CEMETERIES.]
Subdivision 1. [ACCEPTANCE OF DONATIONS.] The board of
county commissioners of any county may accept money from private
sources or from any person, firm, or corporation, including
fiduciaries, donated for the perpetual care of cemeteries
located either wholly or partly within in the county, and use
such the funds for the purposes provided in subdivision 2.
Subd. 2. [COUNTY BOARD MAY EXPEND FUNDS IN CARE OF
CEMETERIES.] Any such The board of county commissioners may
expend public funds under its control for the purpose of
maintaining to maintain and improving improve, and otherwise
permanently caring care for cemeteries located either wholly or
partly within in the county, but any such. The expenditures
shall be included in, and shall not be in excess of, any
limitations on expenditures now fixed by law.
Subd. 3. [DONATIONS DEPOSITED WITH COUNTY TREASURER.] All
The money donated or made available for use by such the board in
to permanently caring care for such cemeteries, shall be paid
into the county treasury, and kept in a separate fund and
disbursed only as authorized by the county board.
375.28 [REWARDS FOR CAPTURE OF PERSONS ACCUSED OF CRIME OR
ESCAPING FROM JAIL.]
The A county board of any county in this state shall have
the power to may offer and pay rewards in such the amounts, not
exceeding $500 in any one case, as by it may be deemed it deems
advisable for the apprehension, arrest, or conviction, or for
information leading to the apprehension, arrest, or conviction,
of any person or persons accused of crime in any of the courts
of court in the county or for the apprehension, or for
information leading to the apprehension, of any prisoner escaped
from any a jail in the county.
375.30 [COUNTY BOARD MAY APPROPRIATE MONEY FOR CERTAIN
PURPOSES.]
Subdivision 1. In addition to the powers now conferred on
it by law, the A county board of any county shall have power to
may appropriate, annually, a sum of money, not exceeding $500,
for the purpose of eradicating to eradicate and removing remove
rust-producing bushes, including barberry and mahonia and
excluding Japanese barberry. The money so appropriated to shall
be expended in such manner spent as the county board may, by
resolution, provide.
Subd. 2. The A county board of any county, by resolution,
may appropriate and expend such sums of spend money as may be
necessary to spray and otherwise eradicate wild hemp, commonly
known as marijuana, on private property within the county. The
county board of any county may authorize the use of county
equipment, personnel and supplies and materials in spraying to
spray or otherwise eradicating eradicate wild hemp on such
private property, and may pro rate the expenses involved between
the county and owner or occupant thereof of the property.
375.31 [MOTOR VEHICLES, DAMAGE FROM OPERATION.]
The A county board of any county may indemnify any county
officer or employee of the county for loss or expense arising or
resulting from any claim made against him because of bodily
injury, death or property damage sustained by reason of his
operation of a motor vehicle while performing official duties.
The county board of any county may defend any suit brought
against any such an officer or employee to enforce any such a
claim. The county board of any county may settle any such the
claim or suit and pay the amount of any such the settlement or
the amount of any final judgment rendered against any such an
officer or employee on any such the claim without first
requiring him to pay it.
375.32 [INSURANCE POLICIES; PREMIUM, PAYMENT.]
Subdivision 1. [PAYMENT OF PREMIUM.] The A county board of
any county may pay the premium on any an insurance policy which
insures any a county officer or employee of the county or any
a group of such county officers or employees against liability
for injuries to person or property within the limitations of
section 375.31. Such The payment shall not impose any liability
upon the county. Such The insurance may be written in by any
insurance company authorized to transact business in the state
of Minnesota.
Subd. 2. [AUTOMOBILE INSURANCE COVERAGE.] The A county
board of any county may take such action as may be necessary to
bring the county and its officers and employees within the
provisions and limitations of chapter 65B.
375.335 [REGIONAL PUBLIC LIBRARY SYSTEMS.]
Subdivision 1. [ESTABLISHMENT.] Two or more counties or
two or more cities located in two or more counties may, through
action by their governing bodies under the provisions of section
471.59, establish and maintain a regional public library system,
even though any one or more of the counties or cities may
already have a library with a library board; provided that. In
any a county or city already having a library board, the
approval of the library board shall also be required. Cities
having public libraries may join in the regional public library
system by being parties to the agreement which establishes the
regional public library system through action of their library
boards and their city councils, or as provided in subdivision 3.
Subd. 2. [LIBRARY BOARD.] The agreement establishing a
regional public library system shall provide for a library board
to govern the organization having all the powers and duties of
city and county library boards as provided in sections 134.11,
134.12, and 134.13 and including exclusive determination of all
library services to be provided under terms of the agreement as
defined in section 134.30, subdivision 5, and exclusive control
of the expenditure of all funds for the services. The regional
library system board may consist of as many members as the
contracting parties deem necessary, appointed in a number from
among the residents of the contracting parties and for terms by
each party to the contract as may be determined by the
contracting parties, irrespective of the existence of one or
more city and county library boards already in existence in the
participating cities and counties. Not more than one member
from each contracting party shall be a member of the governing
body of a contracting party and no member may be appointed to
serve more than three consecutive three-year terms. In the
participating cities and counties, the portion of the proceeds
of the city and county library tax authorized by section 134.07,
shall be used for the to support of the regional public library
system as the contracting agreement may provide.
Subd. 3. [CITY PARTICIPATION.] Where a regional public
library system is established, any a city located in any of the
contracting counties which is excluded from the county tax
supporting the regional public library system under the
provisions of section 134.07, may, upon recommendation of its
library board and upon action by its governing body, be included
in the county tax and become an integral part of the regional
public library system. Cities included in the county tax and
with public libraries which are part of the regional public
library system, whether or not governed by home rule charter
provisions, upon action by their city council, may levy taxes
for the additional support of their local library services. Any
A local public library board or governing body may, at its
option, continue to control the local library fund or pay all or
part thereof into of it to the regional public library system
fund, to be used for the to increase or improvement of improve
public library services in the city.
Subd. 4. [PROPERTY.] All property given, granted,
conveyed, donated, devised or bequeathed to, or otherwise
acquired by any regional library board or any regional public
library system board however created shall vest in, and be held
in the name of, the regional library board or regional public
library system board. Any conveyance, grant, donation, devise,
bequest, or gift made to, or in the name of, any regional
library or public library system shall be deemed to have been
made directly to the regional public library system board.
Subd. 5. [RATIFICATION.] All property heretofore given,
granted, conveyed, donated, devised, bequeathed to, or otherwise
acquired by any regional library board or any regional public
library system board however created is hereby validated,
ratified and confirmed as the property of the board.
Subd. 6. [RATIFICATION.] Any multicounty regional public
library heretofore created, and the agreements creating them,
are hereby validated, ratified, and confirmed and the benefits
of subdivisions 1 to 5 shall hereafter apply to these libraries
them.
375.34 [MEMORIAL DAY, APPROPRIATION FOR OBSERVANCE.]
The county board of each county may appropriate from the
revenue fund of the county not more than $1,500 $2,000 annually
to aid in the observance of Memorial Day in commemoration of the
noble and valiant deeds of the nation's soldier dead.
375.35 [APPROPRIATION TO MILITARY SERVICE ORGANIZATIONS,
MEMORIAL DAY SERVICES.]
The several A county boards in this state are hereby
empowered, in addition to the power now conferred on them by
law, to board may also appropriate annually not to exceed more
than $100 to each post of a recognized military service persons'
organization or society, holding charter from congress or
incorporated in this state, organized and existing in their
respective counties, for defraying the county, to defray the
expenses of Memorial Day exercises.
375.36 [COUNTY BOARD TO ESTABLISH SOLDIERS' REST.]
The A county board of county commissioners of any county in
this state may purchase a plot of ground in any duly organized
cemetery lying, in whole or in part, in the county, or in a
contiguous county contiguous thereto, to be designated, set
aside, and used exclusively as a soldiers' rest, and appropriate
for the payment its cost, embellishment, and upkeep thereof, and
for the opening and the closing of graves therein in it, not to
exceed the sum of $1,000 more than $3,500 in any one year. Any
county in this state now having, or which may hereafter have, a
population of not less than 150,000 may appropriate for such
purposes not to exceed the sum of $3,500 in any one year.
The county board is authorized to may use such the
portion of the appropriation as it may deem deems necessary for
compensation and expenses of an agent, who shall be a veteran,
to care for such the burial ground and to issue permits for
burial therein in it.
375.37 ["SOLDIERS' REST" USED EXCLUSIVELY FOR SOLDIERS,
SAILORS, MARINES AND WAR NURSES.]
Any plot of ground secured and designated as a "soldiers'
rest" shall be used exclusively for the interment of deceased
soldiers, sailors, marines, and war nurses of the United States,
without charge for space therein in it.
375.38 [VIOLATION A MISDEMEANOR.]
Any A person interring who inters or causing causes to
be interred a body, or make makes a charge for a burial lot in
such a soldiers' rest, except as provided by section 375.37,
shall be is guilty of a misdemeanor.
375.383 [WAR RECORDS, PUBLICATION.]
The A county board of county commissioners of any county
may, by resolution, authorize the compilation, printing, and
distribution of a book containing the war records, and, if
desired by the board, pictures of residents of the county who
served in the armed forces of the United States or any of its
allies during the second world war, or who had active service on
and after June 27, 1950, and prior to the final cessation of
hostilities as proclaimed by proper federal authority, and such
other information relative to war activities or services as the
board deems desirable.
The board may make a tax levy in a sufficient amount to
carry out the provisions of this section, which levy may be in
addition to all other levies now authorized by law.
375.39 [CHANGE OF NAME OF COUNTY; ORDER OF COUNTY BOARD.]
The A county board of any county in this state may change
the name of the county upon a petition signed by a number of the
legal voters of the county equal to 55 percent of the votes cast
at the last preceding general election, and shall adopt the new
name suggested in such the petition as the official name of the
county. Such The petition shall be filed with the county
auditor and it shall be the duty of the auditor thereupon to who
shall then promptly give public notice of the filing of such the
petition by publishing the same it in the official newspaper of
the county, and. The petition shall be taken up and considered
at the next meeting of the board held not less than 30 days
after the date of such the notice.
The prayer of the petition being granted, the board shall
make a formal order to that effect, which shall be filed with
the auditor, and thereupon. After filing, the official name of
the county shall be the one so adopted.
375.40 [COUNTY BOARD MAY LICENSE EXHIBITIONS AND SHOWS.]
The A county board of county commissioners of any county of
this state is hereby authorized to may license and regulate
itinerant shows, carnivals, circuses, endurance contests, and
exhibitions of any nature whatsoever, except those prohibited by
section 624.66. Sections 375.40 to 375.42 shall do not apply to
shows, carnivals, circuses, contests, and exhibitions held
within the incorporated limits of a city.
The fee for such a license shall be fixed by the county
board of county commissioners in such the amount as it shall
deem deems advisable.
The board of county commissioners may require, as a
condition to the for granting of such the license, the posting
of a penal bond in such the amount as it shall determine.
Application for such a license shall be made on such the
form as the county board of county commissioners shall determine
determines. Upon the approval of such an application and the
payment of the license fee and the posting of such the required
bond as may be required, the county auditor shall issue the
license.
375.41 [TAKING PART IN UNLICENSED EXHIBITION OR SHOW A
MISDEMEANOR.]
Any A person, partnership, association, or corporation who
conducts, or takes part in, any itinerant show, carnival,
circus, endurance contest, or exhibition not licensed, as
provided in section 375.40, shall be is guilty of a misdemeanor.
375.42 [EXCEPTIONS.]
The provisions of Sections 375.40 and 375.41 shall do not
apply to any itinerant show, carnival, circus, endurance
contest, or exhibition held in connection with any an
agricultural association fair.
375.435 [COST OF LIVING ADJUSTMENT.]
A cost of living adjustment to the salary paid to a county
auditor, county treasurer, county recorder, clerk of the
district court, sheriff, county attorney, county assessor, or
county commissioner pursuant to section 375.43, prior to January
1, 1976, shall be deemed part of the salary paid to the officer
from January 1, 1976.
375.44 [MILEAGE, COUNTY HOSPITAL BOARD MEMBERS.]
The county board of any county in which a county hospital
is located may by resolution authorize the members of any county
hospital board who are not members of the county board to
receive seven and one-half cents reimbursement for each mile
necessarily traveled in attending meetings in the performance of
their duties.
375.45 [CHANGE FUNDS, ESTABLISHMENT.]
The county board shall establish funds in the offices of
the auditor, treasurer, clerk of the district court, county
recorder, sheriff and such other offices and departments as it
deems necessary for the purpose of making change only. The
change funds shall be established by making an appropriation
therefor for them from the proper fund in whatever amounts the
county board shall determine. The officer receiving such a
change fund shall be its custodian of such fund and he shall be
responsible for its safekeeping and use. The change fund shall
not be used for the purpose of making to make payments of
expenses such as are provided for in section 375.16.
375.46 [ROAD AND HIGHWAY PATROL; SHERIFF'S DUTY.]
Subdivision 1. The A county board of county commissioners
of any county may appropriate, out of its general fund, money to
permit the sheriff to patrol the roads and highways of his the
county to investigate conditions respecting observances of laws.
Subd. 2. Upon request by the county board of county
commissioners the sheriff of such county shall provide a patrol
of roads and highways as provided in subdivision 1.
375.47 [EXPENSE ALLOWANCES FOR MEMBERS OF BOARDS AND
AGENCIES.]
Subdivision 1. Except in Hennepin and St. Louis counties,
the board of county commissioners of each county may, by
resolution, set a reasonable allowance for expenses or a per
diem allowance in lieu of expenses and a mileage allowance to be
paid the members of boards or agencies authorized by statute,
and members of advisory boards or committees, performing duties
for all or part of the county, when the board or agency does not
itself have power to make expense allowances for its members.
The allowances shall be paid from the funds under the
administration of the boards or agencies. Members of the board
of county commissioners shall not receive any per diem pursuant
to this subdivision.
Subd. 2. No member of a board, agency, advisory board, or
committee shall receive an allowance for expenses, or a per diem
allowance in lieu of expenses, or a mileage allowance pursuant
to subdivision 1, if in another capacity he receives from the
county under authority of any other statute or resolution either:
(a) an allowance for or per diem allowance in lieu of the
same expenses or mileage; or
(b) a fixed amount, whether as part of his a salary or
otherwise, for expenses of like kind incurred in the performance
of his duties in such the other capacity.
375.471 [LAND CONSERVATION AND UTILIZATION; FEDERAL AID.]
The county boards of the several counties which have been
designated as a resource conservation and development project
area under the provisions of 7 USCA, Sec. 1011(e) and acts
amendatory thereof, are authorized to may enter into such
agreements as may be necessary with the secretary of agriculture
of the United States and other agencies of the federal
government for the program of land conservation and land
utilization authorized by 7 USCA, Sec. 1010 and acts amendatory
thereof, to accept assistance therefor for the program under 7
USCA, Sec. 1011 and acts amendatory thereof, to engage in such
works of improvement as are necessary to effectuate for the
purpose of such the acts and to cooperate with the said
secretary of agriculture and federal agencies to the end so that
residents of this state shall obtain the benefits and advantages
available to them and intended by congress to be so available in
such by the acts. The said county boards shall comply with any
and all the requirements of federal law and any rules and
regulations promulgated thereunder under it and with appropriate
state laws in accomplishing to accomplish the purposes here
intended by this section. If a proceeding is instituted by
petition for an improvement under this section, the proceedings
thereafter it may be conducted by a board in the same manner as
is provided for the establishment of a drainage system under
chapter 106. A majority of the landowners as defined in section
106.031, shall be required for a valid petition. They may also
proceed under authority as otherwise provided by other law.
375.48 [EXECUTIVE SECRETARY; APPOINTMENT; QUALIFICATIONS.]
Subdivision 1. Notwithstanding the provisions of sections
375A.01 and 375A.12, the a county board of county commissioners
of any county may appoint and employ an executive secretary upon
such the terms and conditions as it deems advisable and is
authorized to. It may appropriate funds and provide suitable
office space for such the office. The county board shall set
the salary of the secretary. He The secretary shall be chosen
solely on the basis of his training, experience and
administrative qualifications and need not be a resident of the
county at the time of his appointment. The executive secretary
serves at the pleasure of the board and his employment may be
terminated by the board without notice. The county board may
provide for a termination allowance.
Subd. 2. The county board may appoint as executive
secretary any county officer or employee except a county
commissioner during the term for which he was elected. If a
county officer or employee is appointed executive secretary, the
county board may provide that the duties of executive secretary
are in addition to his the duties as such an officer or
employee.
375.49 [DUTIES OF EXECUTIVE SECRETARY.]
Subdivision 1. The county board shall prescribe the duties
and responsibilities of the executive secretary. Insofar as
required by the county board, he is responsible to the board for
the proper administration and management of any duty assigned to
him and for these purposes is deemed the head of a department.
Subd. 2. The executive secretary may be assigned any of
the following duties and responsibilities:
(a) To manage any or all of the affairs of the county which
county board has authority to control;
(b) To examine regularly the books, papers and accounts of
each department, office, and agency of the county under the
control of the county board and to report to the board the
condition in which he finds them and such other information as
the board directs;
(c) To submit to the board such recommendations concerning
the affairs of the county, its future financial needs, and its
offices, departments and agencies as he deems proper;
(d) To see that all orders, resolutions and regulations of
the county board are faithfully executed;
(e) To initiate and present a proposed annual budget to the
county board for its review and consideration; and
(f) To serve as clerk of the county board. Upon the
adoption of a resolution directing the executive secretary to
assume the responsibilities of clerk of the board, the county
auditor shall no longer be held responsible for the duties as
clerk to the board imposed by section 384.09.
375.50 [RESCISSION OF RESOLUTION ESTABLISHING EXECUTIVE
SECRETARY'S OFFICE.]
The board at any time may rescind the resolution
establishing the office of executive secretary. Any duties and
responsibilities previously assigned to the executive secretary,
upon adoption of the rescinding resolution, shall be vested in
the officer or department which had responsibility for the
function previous to before the transfer of the function to the
executive secretary.
375.51 [ORDINANCES; ENACTMENT, PUBLICATION.]
Subdivision 1. [ENACTMENT.] In any instance in which a
county board is authorized by law to enact ordinances, such
county the ordinances shall be adopted in the manner hereinafter
prescribed in this section except as otherwise provided by law.
A public hearing shall be held prior to before the enactment of
any ordinance adopting or amending a comprehensive plan or
official control as defined in section 394.22. Every county
ordinance shall be enacted by a majority vote of all the members
of the county board except where unless a larger number is
required by law. It shall be signed by the chairman of the
board and attested by the clerk of the board. The ordinance
shall be published as hereinafter provided in this section.
Proof of the publication shall be attached to and filed with the
ordinance in the office of the county auditor. Every ordinance
shall be recorded in an ordinance book in the office of the
county auditor within 20 days after its publication. All
ordinances shall be suitably entitled and shall be substantially
in the style: "The county board of ...... county ordains:".
Subd. 2. [NOTICE OF INTENTION.] No county ordinance of a
county shall be enacted unless a notice of the intention to
enact such ordinance it has been published in the official
newspaper of the county not less than ten days before the
meeting or public hearing required by subdivision 1 at which the
ordinance it is to be considered. Public hearings may be
continued from time to time and additional hearings may be
held. The notice shall state the subject matter and the general
purpose of the proposed ordinance. Proof of the publication of
the notice shall be attached to and filed with the ordinance, if
enacted, in the office of the county auditor.
Subd. 3. [PUBLICATION.] Every ordinance enacted by a
county board shall be published at least once as part of the
proceedings of the meeting at which the ordinance was enacted.
Publication shall be made in the official newspaper of the
county but additional publications, either in the official
newspaper or other newspaper, may be ordered. An ordinance may
be published in its entirety, or otherwise as hereinafter
provided in this subdivision.
To the extent of the authority described in subdivision 1
of this section, a county may incorporate in an ordinance by
reference any statute of Minnesota, any administrative rule or
regulation of any department of the state of Minnesota affecting
the county, or any code. The term "code" as used herein in this
subdivision means any compilation or parts of a compilation of
regulations or standards or parts thereof prepared by any
governmental agency or any trade or professional association for
general distribution in printed form as a standard or model on
the subject of building construction, plumbing, electric wiring,
inflammable liquids, sanitary provisions, public health, safety,
or general welfare.
In the case of A lengthy ordinances, ordinance or
ordinances an ordinance which include includes charts or maps,
the ordinance need not be published in its entirety if the title
of the ordinance and a summary of the ordinance is are included
in the publication of the proceedings of the meeting at which
the ordinance was it is enacted. In such that case and in the
case if a statute, administrative rule or regulation or a code
is adopted by reference, all requirements of statute for the
publication of ordinances shall be satisfied if the summary of
the ordinance or the ordinance incorporating the statute,
regulation, ordinance rule or code is published in the required
manner and if, prior to such publication, at least one copy of
the entire ordinance or of the statute, rule, regulation or code
are is marked as the official copy and filed for use and
examination by the public in the office of the county auditor.
Provisions of the entire ordinance or of the statute, rule,
regulation or code thus incorporated in such the ordinance by
reference shall be as much a part of the ordinance as if they
had been set out in full therein in it.
375.52 [REVISION AND CODIFICATION.]
Any A county may revise and codify and print in book,
pamphlet or newspaper form any general and special laws,
ordinances, resolutions and rules in force in the county. Such
The codification shall be a sufficient publication of any
ordinance included in it and not previously published in a
newspaper if a substantial quantity of the codification is
printed for general distribution to the public. A notice that
copies of the codification are available in the office of the
county auditor shall be published in the official county
newspaper for at least two successive weeks. The county board
is authorized to may make a reasonable charge for the cost of
printing and distribution of ordinances or a codification of
ordinances.
375.53 [VIOLATIONS OF ORDINANCES, PENALTIES.]
The county board shall have power to may declare that the
violation of any ordinance shall be a penal offense and to
prescribe penalties therefor for a violation. Such The
penalties shall not exceed those permitted for conviction of a
misdemeanor as defined by law.
375.54 [PROSECUTIONS UNDER ORDINANCE.]
All prosecutions for violation of county ordinances shall
be brought by the county attorney in the name of the county upon
complaint and warrant as in other criminal cases.
375.55 [DISPOSITION OF FINES RECOVERED FOR ORDINANCE
VIOLATIONS.]
All fines, forfeitures, and penalties recovered for the
violation of any a county ordinance shall be paid into the
county treasury. Every court or officer receiving such moneys
money, on or before the tenth day after the last day of the
month in which such moneys were the money is collected, shall
make a return thereof of it under oath and be entitled to
given duplicate receipts for the amounts paid. One of the
receipts shall be filed with the county auditor.
375.551 [COUNTY EMERGENCY JOBS PROGRAM.]
Notwithstanding any other law to the contrary, the A county
board of commissioners of a county experiencing chronic high
unemployment may establish an emergency employment program to
meet the needs of its economically disadvantaged, unemployed
residents.
375.552 [DEFINITIONS.]
Subdivision 1. [APPLICATION.] For the purposes of sections
375.551 to 375.555, the following terms have the meanings given
them.
Subd. 2. [EMPLOYMENT PROGRAM.] "Employment program" means
a program offering job training programs or jobs through public
works projects to economically disadvantaged, unemployed
residents of a county.
Subd. 3. [ECONOMICALLY DISADVANTAGED, UNEMPLOYED
RESIDENT.] "Economically disadvantaged, unemployed resident"
means a person (a) who is not eligible for or who refuses to
accept financial assistance pursuant to chapter 256, 256B, 256D,
or 268; (b) whose income or household income is at or below 25
percent of the statewide median household income as determined
by the 1980 federal census; (c) who is a bona fide resident of
the county; and (d) who is unemployed.
Subd. 4. [WAGE.] "Wage" means the basic minimum wage
pursuant to Minnesota Statutes, section 177.24.
Subd. 5. [CHRONIC HIGH UNEMPLOYMENT.] "Chronic high
unemployment" means an unemployment rate, as defined by the
department of economic security, in a county or portion of a
county that exceeds the national unemployment rate for four
consecutive months in the 12-month period immediately preceding
September 1.
375.553 [COUNTY EMERGENCY EMPLOYMENT PROGRAM.]
The funds authorized in section 375.555 shall be expended
by the county for job training programs or for jobs through
public works projects submitted to the county by its departments
and agencies and those of cities, towns, school districts, state
and federal agencies, park reserve districts, and other special
districts, including metropolitan agencies that are located
totally or partially within the county. The funds shall be
expended only for training programs or public works projects
located within the county. The projects shall be beneficial to
the submitting local unit and may include permanent improvements
or maintenance of public property, residential weatherization
programs, landscaping of public grounds or parks, planting or
trimming trees, improving open space areas, playgrounds, and
recreational facilities owned or operated by the sponsoring unit
of government, and reclamation and reforestation. The
sponsoring unit of government shall provide the administration,
supervision, supplies, and materials for its training program or
public works project. All funds available through the authority
granted in section 375.555 shall be expended for wages and
benefits for program participants except that up to two percent
of the total amount shall be available to reimburse the county
for its actual cost of administering the program.
375.554 [PROGRAM RULES.]
The county board of commissioners shall establish rules
governing the operation of the employment program. Rules shall
include but not be limited to number of hours worked, benefits,
and methods and terms of payment.
375.555 [FUNDING.]
To implement the county emergency jobs program, the county
board is authorized to may expend an amount equal to what would
be generated by a levy of 0.5 mills on all taxable property
within the county. The money to be expended may be from any
available funds not otherwise earmarked.
375.56 [COUNTY PERSONNEL ADMINISTRATION SYSTEM; RESOLUTION
TO ESTABLISH SYSTEM.]
Any A county board may establish a county personnel
administration system by adopting a resolution creating a
personnel department, establishing an effective date and
appointing a personnel appeals board pursuant to section 375.65.
375.57 [DEFINITIONS.]
Subdivision 1. For the purpose of sections 375.56 to
375.71, unless the context clearly indicates that a different
meaning is intended, the terms defined herein shall in this
section have the following meanings ascribed to them in this
section.
Subd. 2. "Appointing authority" means the official,
employee, board, or commission, or the person or group of
persons empowered by statute, ordinance or resolution to make an
appointment to positions as county employees within the scope of
sections 375.56 to 375.69.
Subd. 3. "Director" means the director of the department
of personnel.
Subd. 4. "Personnel department" means the personnel
director and his the employees engaged in the administration of
the personnel department.
Subd. 5. "Board of appeals" means the personnel board of
appeals established pursuant to section 375.65.
375.58 [JURISDICTION.]
Subdivision 1. The jurisdiction of a county personnel
department created pursuant to section 375.56 shall include
every county level public employment position for which the
appointing authority is the county board, the county welfare
board, the county human services board, an elected county
official, an appointed county department head, or a commission
or board appointed by the county board, except the positions
excluded under subdivisions 2 and 3.
Subd. 2. The following positions are excluded from the
jurisdiction of the county personnel department:
(a) elected positions;
(b) positions for which a county or district court judge is
the appointing authority;
(c) positions designated as department heads appointed by
the county board;
(d) positions designated as department heads appointed by
boards or commissions appointed by the county board;
(e) one position designated by each elected department head
as his a chief or principal assistant;
(f) one position designated by each elected department head
as his a personal secretary.
Subd. 3. At the option of the county board, the following
positions may be excluded from the jurisdiction of the county
personnel department:
(a) any or all positions subject to merit systems
established pursuant to sections 12.22, subdivision 3, 144.071,
256.012, and 387.31 to 387.45;
(b) positions designated as temporary or seasonal;
(c) positions held by special deputies and volunteers
serving without pay;
(d) positions held by students in training.
375.59 [PERSONNEL DIRECTOR APPOINTMENT.]
A county board which has adopted the resolution authorized
in section 375.56 shall as soon as practicable thereafter
promptly appoint a personnel director or shall assign the
function of personnel director to an existing officer or
employee. In a county which is operating under an optional form
pursuant to sections 375A.01 to 375A.13, the authority to
appoint the personnel director shall be the same as for the
appointment of other department heads. The terms and conditions
of employment of the person appointed as director or assigned
the function of director shall be established by the county
board.
375.60 [DUTIES AND POWERS OF THE DIRECTOR.]
Subdivision 1. [PREPARATION OF PERSONNEL ADMINISTRATION
RULES.] The personnel director shall prepare personnel rules,
which shall become be effective upon approval by the county
board for the purpose of carrying, to carry out the provisions
of sections 375.56 to 375.71. These The rules shall provide,
among other things, for:
(a) Preparation of a classification plan and classification
of positions within the jurisdiction of the department in
accordance with the plan.
(b) Creation and maintenance of lists of eligibles. No
name shall remain on an eligible list for more than two years.
(c) Certification of names to the appointing authority from
the eligible list for appointment, promotion, or reemployment.
(d) Establishment of procedures for the recruitment,
selection and advancement of personnel on the basis of relative
ability, knowledge and skills.
(e) Establishment of procedures assuring nondiscriminatory
and fair treatment of applicants and employees in all aspects of
personnel administration without regard to political
affiliation, race, color, national origin, sex, or religious
creed.
(f) Establishment of procedures for suspension or
termination or other disciplinary action, including procedures
for appeal of actions by appointing authorities with respect to
suspension or termination or other disciplinary action.
Subd. 2. [ADMINISTRATION OF THE DEPARTMENT.] The director
shall administer the personnel department. In addition to the
duties imposed on him elsewhere in sections 375.56 to 375.71, he
shall:
(a) Appoint, supervise and direct the work of the employees
of the personnel department.
(b) Schedule and conduct hearings as required by rules
adopted pursuant to sections 375.56 to 375.71 or at the
direction of the county board.
(c) Provide for, formulate and hold competitive
examinations as required by rule to determine the qualifications
of persons seeking employment in positions within the
jurisdiction of the department.
(d) Make investigations concerning the administration and
effect of rules made pursuant to sections 375.56 to 375.71 and
report his the findings and recommendations to the county board.
(e) Establish programs for training and continuing
education of employees as deemed appropriate by the county board
to improve the quality of service of employees holding positions
within the jurisdiction of the department.
(f) Prepare a compensation plan and recommend a schedule of
salary or wage rates for positions within the jurisdiction of
the personnel department for adoption by the county board.
375.61 [PAYROLLS APPROVED BY DIRECTOR.]
No disbursing officer shall pay any a salary or
compensation for service to any a person holding a position
within the jurisdiction of a personnel department established
pursuant to sections 375.56 to 375.71 unless the payroll or
account for the salary or compensation shall bear the
certification of the is certified by the personnel director or
his an authorized employee that the persons paid or compensated
have been appointed in accordance with the provisions of
sections 375.56 to 375.71 and rules adopted pursuant to sections
375.56 to 375.71. The director shall not certify a payroll item
for a person holding a position within the jurisdiction of the
department unless the person shall have has been appointed and
employed in accordance with the provisions of sections 375.56 to
375.71 and rules adopted pursuant to sections 375.56 to 375.71.
375.62 [CIVIL SERVICE AND MERIT SYSTEM RELATIONSHIPS.]
Unless a county board has elected to exclude any or all
positions otherwise subject to merit systems established
pursuant to sections 12.22, subdivision 3, 144.071, 256.012, and
387.31 to 387.45, from the jurisdiction of the personnel
department, the provisions of sections 12.22, subdivision 3,
144.071, 256.012, and 387.31 to 387.45 and any rules and
regulations promulgated pursuant to those sections shall be
superseded insofar as they are inconsistent; provided that with
sections 375.66 to 375.71, but no positions subject to merit
systems established pursuant to sections 12.22, subdivision 3;,
144.071;, and 256.012, shall be removed from existing merit
system coverage and placed under a personnel department
established pursuant to sections 375.56 to 375.71, until that
personnel department is certified in accordance with the United
States office of personnel management's standards for a merit
system of personnel administration. Nothing in section 387.43,
shall be construed to prohibit the inclusion of sheriff's
department personnel in a personnel system established pursuant
to sections 375.56 to 375.69.
375.63 [VETERANS TO BE GIVEN PREFERENCE.]
Nothing in sections 375.56 to 375.71 shall be construed to
remove, limit, or extend the rights and preferences of veterans
as established by the provisions of sections 197.455 and 197.46,
except that the county board may enact rules relative to
retirement age which shall apply to veterans on the same basis
as they apply to other persons.
375.64 [COLLECTIVE BARGAINING RELATIONSHIPS.]
Subdivision 1. For purposes of negotiating collective
bargaining agreements and resolving grievances involving such
agreements them pursuant to sections 179.61 to 179.76, the
appointing authority and the county board shall be deemed the
joint employer for positions within the jurisdiction of a
personnel department established pursuant to sections 375.56 to
375.71 and. Both shall be signatories to negotiated agreements
or grievance settlements except that. In the event of
disagreement between the county board and the appropriate
appointing authority as to the final terms of a negotiated
agreement or grievance settlement, the decision of the county
board shall be final and binding on behalf of the county as
employer for all employees of the county, including employees
under the jurisdiction of an appointing authority other than the
county board.
Subd. 2. Any employee holding a position covered by
sections 375.56 to 375.71 shall, upon the effective date of the
establishment of a county personnel administration system,
retain his the position without further examination and suffer
no loss in wages, seniority or benefits as the result of the
implementation of sections 375.56 to 375.71.
375.65 [PERSONNEL BOARD OF APPEALS.]
Subdivision 1. The county board shall appoint three
persons to serve staggered terms as members of a personnel board
of appeals. After the first appointments, successors shall serve
for terms of three years each. Expiration dates for expiring
terms shall be fixed by the county board and vacancies shall be
filled by a majority vote of the county board for the unexpired
term. Persons appointed to the personnel board of appeals shall
not serve while holding any county office or while standing as a
candidate for any county office, or while employed by the
county. Each member of said board shall be a resident of the
county and shall forfeit his office if he becomes a nonresident.
Subd. 2. Compensation for members of the personnel board
of appeals shall be set by the county board and each member
shall be paid actual and necessary expenses.
Subd. 3. The personnel board of appeals shall organize by
electing a chairman and vice-chairman and shall develop rules of
procedure for matters brought before it under the provisions of
sections 375.56 to 375.71 and rules promulgated pursuant to
sections 375.56 to 375.71.
375.66 [DUTIES OF BOARD OF APPEALS.]
Subdivision 1. [JURISDICTION.] The personnel board of
appeals shall meet upon call of its chairman or the personnel
director to make findings and to report to the county board
within 30 days of the filing of an appeal by an applicant,
employee, or appointing authority in the following circumstances:
(a) Alleged arbitrary or capricious action on the part of
the county board with respect to final establishment of rules
under sections 375.56 to 375.71.
(b) Alleged discrimination by the personnel director or his
employees in examination procedures or preparation of lists of
eligible candidates, or discriminatory use thereof of them by
the appointing authority under the provisions of sections 375.56
to 375.71 or rules promulgated hereunder under them.
(c) Alleged misinterpretation or evasion by the personnel
director or the county board of provisions of sections 375.56 to
375.71 or the rules promulgated thereunder under them in a
manner seriously detrimental to the party or parties bringing
the appeal.
(d) Such Other matters of grievance as may be provided for
in rules promulgated under the authority of sections 375.56 to
375.71.
Subd. 2. [PROCEDURES.] The personnel board of appeals
shall establish procedures setting forth the methods and
requisite timetable for appeals to the board.
Subd. 3. [APPEAL FINDINGS.] Findings and reports of the
personnel board of appeals shall be submitted to the county
board for consideration and action as deemed appropriate by the
county board, except that but, to the extent required with
respect to for employees of departments and agencies paid in
full or in part by federal funds, the findings of the personnel
board of appeals shall be final and binding in those
circumstances if necessary to conform to any valid a federal or
state regulation affecting the department or position.
375.67 [JUDICIAL REVIEW.]
Subdivision 1. [APPEAL.] The employee or the appointing
authority may appeal from an order of the board of appeals in
accordance with chapter 14.
375.68 [ABOLITION OF SYSTEM.]
A personnel administration system established pursuant to
sections 375.56 to 375.69 may be abolished at any time by
resolution of the county board adopted by a majority of all its
members. Upon adoption of the resolution, the personnel
department shall cease to exist and the status of all
departments, commissions, and employees shall be the same as if
no personnel administration system had been established.
375.69 [APPROPRIATION BY COUNTY BOARD.]
The county board is hereby authorized to may make
appropriations as necessary to carry out the provisions of
sections 375.56 to 375.71.
375.70 [FEDERAL AID FOR MANPOWER SERVICES.]
Notwithstanding any law to the contrary, any A county may
receive financial assistance from agencies of the United States,
and plan for, and carry out comprehensive manpower services as
provided for in the Emergency Employment Act of 1971, as
amended, and the Comprehensive Employment and Training Act of
1973, as amended.
375.71 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL LAWS.]
Subdivision 1. Nothing in sections 375.56 to 375.69 shall
be construed to permit or encourage any action or conduct
prohibited by the Minnesota human rights act or prohibit
recourse to any remedies provided in the Minnesota human rights
act or any other state or federal law relating to equal
employment opportunities, and the provisions of these acts shall
continue to apply to county employment generally, including
those positions excluded from the jurisdiction of the county
personnel administration system.
Subd. 2. Nothing in sections 375.56 to 375.69 shall be
construed to affect the rights and obligations of employees and
employers under the provisions of sections 179.61 to 179.76, or
to in any way supersede provisions regarding public employment
relationships under the Public Employment Labor Relations Act of
1971, as amended, or the provisions of any contracts or
agreements executed pursuant thereto to it.
Sec. 3. Minnesota Statutes 1982, section 168.33,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The registrar shall have the power to
appoint, hire and discharge and fix the compensation of the
necessary employees, in the manner provided by law, as may be
required to enable him to properly carry out the duties imposed
upon him by the provisions of this chapter. As of April 14,
1976, the registrar may appoint, and for cause discontinue, a
deputy registrar for any city as the public interest and
convenience may require, without regard to whether the county
auditor of the county in which the city is situated has been
appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without
regard to whether the county in which the city is situated has
established a county license bureau which issues motor vehicle
licenses as provided in section 373.32.
Effective August 1, 1976, the registrar may appoint, and
for cause discontinue, a deputy registrar for any city as the
public interest and convenience may require, if the auditor for
the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which
the city is situated has not established a county license bureau
which issues motor vehicle license as provided in section
373.32. Any person appointed by the registrar as a deputy
registrar for any city shall be a resident of the county in
which the city is situated.
The registrar may appoint, and for cause discontinue, the
county auditor of each county as a deputy registrar. Upon
approval of the county board, the auditor, with the approval of
the director of motor vehicles, may appoint, and for cause
discontinue, the clerk or equivalent officer of each city or any
other person as a deputy registrar as public interest and
convenience may require, regardless of his county of residence.
Notwithstanding any other provision, a person other than a
county auditor or a director of a county license bureau, who was
appointed by the registrar before August 1, 1976, as a deputy
registrar for any city, may continue to serve as deputy
registrar and may be discontinued for cause only by the
registrar. The county auditor shall be responsible for the acts
of deputy registrars appointed by him. Each such deputy, before
entering upon the discharge of his duties, shall take and
subscribe an oath to faithfully discharge his duties and to
uphold the laws of the state. If a deputy registrar appointed
hereunder is not an officer or employee of a county or city,
such deputy shall in addition give bond to the state in the sum
of $10,000, or such larger sum as may be required by the
registrar, conditioned upon the faithful discharge of his duties
as deputy registrar. Each deputy registrar appointed hereunder
shall keep and maintain, in a convenient public place within the
place for which he is appointed, a registration and motor
vehicle tax collection bureau, to be approved by the registrar,
for the registration of motor vehicles and the collection of
motor vehicle taxes thereon. He shall keep such records and
make such reports to the registrar as that officer, from time to
time, may require. Such records shall be maintained at the
facility of the deputy registrar. The records and facilities of
the deputy registrar shall at all times be open to the
inspection of the registrar or his agents. He shall report
daily to the registrar all registrations made and taxes and fees
collected by him. The filing fee imposed pursuant to
subdivision 7 shall be deposited in the treasury of the place
for which he is appointed, or if such deputy is not a public
official, he shall retain the filing fee, but the registration
tax and any additional fees for delayed registration he has
collected he shall deposit each day in an approved state
depository to the credit of the state through the state
treasurer. The place for which the deputy registrar is
appointed through its governing body shall provide the deputy
registrar with facilities and personnel to carry out the duties
imposed by this subdivision if such deputy is a public
official. In all other cases, the deputy shall maintain a
suitable facility for serving the public.
Sec. 4. [REPEALER.]
Minnesota Statutes 1982, sections 373.28; and 375.29, are
repealed.
Approved May 2, 1984
Official Publication of the State of Minnesota
Revisor of Statutes