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S.F. No. 966 - Appointment of County Offices (First Engrossment)
 
Author: Senator Sandra L. Pappas
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 18, 2013



 

S.F. No. 966 amends general law to allow counties to appoint the county auditor, treasurer, recorder, or auditor-treasurer, instead of electing them.

Sections 1, 2, and 3 make conforming changes.

Section 4, subdivision 1, allows a county board to appoint the county auditor, treasurer, recorder, or auditor-treasurer. Under current law, these positions are elected.  A referendum is not required if the process in this section is followed.

Subdivision 2 allows the county board to may adopt a resolution to make county offices appointed. The duties of the office must be discharged by the county board acting through a department head. This change does not diminish, prohibit, or avoid discharge of statutory duties.

Subdivision 3 requires that the person currently elected to the position be allowed to finish their term. The position does not become appointive until the incumbent completes his or her term or leaves the office for other reasons.

Subdivision 4 provides that before the county board adopts a resolution to appoint the specified office, the board must publish the proposed resolution.  There must also be a public hearing prior to adoption of the resolution.  The resolution must be approved by at least 80 percent of the members of the county board.  Within 60 days of the adoption of the resolution, a petition requesting a referendum may be filed with the county auditor.  The petition must be signed by at least ten percent of the registered voters of the county.  If the petition meets the stated requirements, the question of appointing the positions must be placed on the ballot at a regular or special election.  If a majority of voters voting on the question vote in favor of appointment, the resolution may be implemented.

Subdivision 5 allows the county board to revert to election the positions by adopting a resolution.  This may only be done after the offices are appointive for three years.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue. There must be a public hearing on the issue before a resolution may be adopted.  The resolution must be approved by at least 60 percent of the members of the county board.  The question of returning the offices to elected offices must be placed on the ballot at the next general election if a petition is signed by at least ten percent of the registered voters of the county and is filed and meets the requirements of the subdivision. 

Sections 5 and 6 make conforming changes.

ACS/syl

 
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