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S.F. No. 600 - SF. Nos. 600, 629, 672, and 915 – Authorizing Certain County Offices to be Appointed in Clay, Lake, Kandiyohi, Jackson, and Lyon Counties
 
Author: Senator Kent Eken
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 18, 2013



 

SF Nos. 600, 629, 672, and 915 provide a process to change the specified county offices from elected positions to appointed positions.  S.F. No 600 (Eken) authorizes the Clay County auditor to be appointed.  S.F. No. 629 (Bakk) authorizes the Lake County auditor –treasurer and recorder to be appointed.  S.F. No. 672 (Koenen) authorizes the Kandiyohi County auditor-treasurer and recorder to be appointed.  S.F. No. 915 (Weber) authorizes the Jackson County auditor-treasurer and the Lyon County auditor-treasurer to be appointed.  These four bills provide the same process to make the specified offices into appointed offices.  These bills also provide a process for the county offices to revert back to being elected.

Section 1, subdivision 1, of the bills authorizes the specified county board to adopt a resolution that changes the specified position from an elected position to an appointed position.Subdivision 2 provides that after the office becomes an appointed position, the duties of the office are discharged by the county board acting through an appointed department head.

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-treasurer.  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 elect 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. 

All four bills are effective the day after local approval.

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