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S.F. No. 2076 - Dakota County Adopting Manager Plan of Government
 
Author: Senator Katie Sieben
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 4, 2014



 

Brief overview.  S.F. No. 2076 authorizes Dakota County to adopt the county manager plan of government.  The county board makes this change by adopting a resolution.  No election is required.  Certain provisions already applicable to Dakota County are specifically preempted or not preempted.  The bill is effective the day after local approval requirements are met.

Detailed overview.  Section 1, subdivision 1.  If the county meets the requirements of Minnesota statutes, section 375A.01, subdivision 2, then the county board may adopt a resolution that adopts the county manager plan as provided in sections 375A.03, subdivisions 1, 2, 3, and 4, paragraph (a), and section 375A.04, subdivision 1These cross-references are explained below.

Section 375A.01, subdivision 2 describes forms of county government plans.  If the county does adopt the county manager plan, it would not be allowed to adopt the elected executive plan or the at-large chair plan.  Further, the county could not adopt the county administrator or auditor-administrator plan.

Section 375A.03, subdivision 1, provides details about the county manager position.  The county manager is the chief executive officer of the county and is hired based on qualifications.  The county manager is not elected.  The county manager may be removed by following the procedures laid out in this subdivision.  A county manager must be appointed by the county board as soon as practicable after the county manager plan is adopted.

Section 375A.03, subdivision 2, states that the county manager is the administrative head of the county and has all of the powers and responsibilities of the position.

Section 375A.03, subdivision 3, provides that the county manager is responsible for the proper administration of county affairs.  The county board, by resolution, may designate the manager to serve as the head of any county department.  Several responsibilities of the county manager are provided, such as the ability to hire and fire employees, execute ordinances and resolutions of the county board, make purchases, and prepare an annual budget.

Section 375A.03, subdivision 4, paragraph (a), prohibits the county board members from dictating who the county manager must hire.

Section 375A.04, subdivision 1, provides that in a county with a county manager, certain county committees and boards do not exist (e.g., board of health, library board, park board, and others).  The county board must perform the duties and powers of the listed boards.  The county board may create advisory boards or commissions.

The bill states that section 375A.12 does not apply to the adoption of the county manager plan under this act.  This statute provides a process for any county to adopt a different plan of government.  With some exceptions, an election is required to make a change in the plan of government.  The process to change the form of government may be initiated by the county board, a study commission, or by a petition by voters.

Section 1, subdivision 2.  If Dakota County adopts the county manager plan, then all references in chapter 383D (a chapter relating only to Dakota County) to “county administrator” shall be deemed to refer to the “county manager.”

Section 383D.153 is preempted, which means that it no longer applies.  This section governs the Dakota County Extension Committee.  Extension committees are listed in section 375A.04, subdivision 1, referenced above; according to this statute, the committee cannot exist with the new plan of government.

Sections 383D.09 and 383D.21 to 383D.35 are not preempted and are still in effect.  Section 383D.09 allows the county to merge the offices of county treasurer-and county auditor and to appoint to appoint a person to the position instead of electing a person.  Sections 383D.21 to 383D.35 are employment provisions specific to Dakota County.

Effective date. This act is effective the day after local approval requirements are satisfied.

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