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S.F. No. 1217 - Authorizing Certain Marshall County Offices to be Appointed
 
Author: Senator LeRoy A. Stumpf
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: April 27, 2011



 

H.F. No. 954/S.F. No. 642.  This bill provides the process to change the Marshall County recorder and auditor-treasurer from elected positions to appointed positions.

Section 1, subdivision 1 gives the Marshall County Board of Commissioners the authority to adopt a resolution that changes the county recorder and county auditor-treasurer positions from elected to appointed.

Subdivision 2.  Once the County Board adopts a resolution and complies with the other provisions of this section, the duties of the elected officials are discharged by the Board acting through a department head.  The change does not diminish, prohibit, or avoid the discharge of statutory duties.

Subdivision 3.  The elected recorder and auditor-treasurer serve in their positions until the term to which they were elected is completed or a vacancy occurs.

Subdivision 4.  Before adopting a resolution, the County Board must publish a proposed resolution twice.  At the next regular meeting, the county must provide an opportunity for public comment on the issue.  Then the Board may adopt a resolution that provides for the appointment of the recorder and auditor-treasurer, which must be approved by at least 80 percent of the Board.

Within 30 days after the second publication, a petition requesting a referendum may be filed with the auditor-treasurer.  If the petition is sufficient, the question of appointing the two offices must be placed on the ballot at an election.  If a majority of the voters in the county voting on the question vote in favor, the resolution may be implemented. 

Section 2 provides that the bill is effective the day after local approval requirements are satisfied.

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