Find Legal Information

11-10.2 County Officer Combination, Separation, and Redesignation

Download pdf

CHAPTER 11-10.2COUNTY OFFICER COMBINATION, SEPARATION, AND REDESIGNATION11-10.2-01. County officer combination, separation, and redesignation options.1.A county may, without requiring local citizens to permit county home rule powers:a.Combine any elective county office with one or more functionally related<br>elective or appointive county offices;b.Separate an elective county office into two or more elective or appointive<br>offices; orc.Redesignate an elective county office as an appointive office or an appointive<br>office as an elective office.2.A combination or separation of any elected or appointed county office may include<br>the reassignment of any statutory function of that office or service provided by that<br>office, but may not diminish the general responsibility of county government to<br>perform any function or provide any service that is required by law to be performed<br>or provided by county government.3.This option is available in addition to, or in lieu of, other county structural options<br>authorized under this title, unless a specific mandate for combining or separating<br>particular county offices is otherwise provided by law.The office of sheriff isexcluded from the application of this chapter.11-10.2-02.Methods of accomplishing office combination, separation, orredesignation of elective or appointive status. The combination or separation of elective<br>county offices, or redesignation of a county office as elective or appointive, may be<br>accomplished:1.By resolution of the board of county commissioners, subject to the right of<br>referendum in the county electors. The board of county commissioners may by a<br>majority vote adopt a preliminary resolution incorporating a proposed plan for<br>combining or separating county offices, or redesignating a county office as elective<br>or appointive. The board shall cause the complete text of the proposed plan to be<br>published in the official newspaper of the county, at least once during two different<br>weeks within the thirty-day period immediately following the adoption of the<br>preliminary resolution.The board of county commissioners shall hold publichearings and community forums or use other suitable means to disseminate<br>information, receive suggestions and comments, and encourage public discussion of<br>the purpose, conclusions, and recommendations of the plan. Within two years after<br>the adoption of the preliminary resolution, the board of county commissioners may<br>by final resolution approve the plan or amend the plan and approve it for<br>implementation according to its terms. The final resolution may be referred to the<br>qualified electors of the county by a petition protesting the plan. The petition must<br>be signed by ten percent or more of the total number of qualified electors of the<br>county voting for governor at the most recent gubernatorial election, and filed with<br>the county auditor, or functional equivalent of that office, before four p.m. on the<br>thirtieth day after the final resolution is adopted. Within ten days after the filing of the<br>petition, the county auditor shall examine the petition and ascertain from the voter<br>list whether the petition contains the signatures of a sufficient number of qualified<br>electors.Any insufficiencies may be cured by the filing of an amended petitionwithin ten days after the county auditor declares the insufficiency.The finalresolution is suspended upon a determination by the county auditor that the petition<br>was timely filed and contains the signatures of a sufficient number of qualified<br>electors.The board of county commissioners shall reconsider the referredPage No. 1resolution, and if it does not repeal the resolution in its entirety, shall submit the<br>resolution to a vote of the qualified electors of the county at the next regular election.<br>The county auditor shall cause the complete text of the resolution to be published in<br>the official newspaper of the county, not less than two weeks nor more than thirty<br>days, before the date of the election. If a majority of the qualified electors voting on<br>the question approves the resolution, the plan incorporated in the resolution is<br>effective and becomes operative according to its terms as if it had not been<br>suspended.2.By initiative of county electors. A petition signed by ten percent or more of the total<br>number of qualified electors of the county voting for governor at the most recent<br>gubernatorial election may be submitted to the board of county commissioners,<br>calling upon the board to submit to the electors the question of adopting a plan<br>described in, or annexed to, the petition.The county auditor, or the functionalequivalent of that officer, shall examine the petition and ascertain from the voter list<br>whether or not the petition contains the signatures of a sufficient number of qualified<br>electors.Any insufficiencies may be cured by the filing of an amended petitionwithin thirty days after the county auditor declares the insufficiency. When a plan for<br>the combination or separation of county offices or redesignation of county offices as<br>elective or appointive is proposed pursuant to this subsection, the board of county<br>commissioners shall submit the proposed plan to a vote of the qualified electors of<br>the county at a primary or general election not less than sixty days nor more than<br>two years, as specified in the petition, after determining that the petition is sufficient.<br>The question on the ballot at the election must be framed in a manner that fairly and<br>accurately describes the substance of the proposed plan. The board shall cause the<br>complete text of the proposed plan to be published in the official newspaper of the<br>county, at least once during two different weeks within the thirty-day period<br>immediately preceding the date of the election. The board of county commissioners<br>may, prior to the election, hold public hearings and community forums and use other<br>suitable means to disseminate information, receive suggestions and comments, and<br>encourage public discussion of the purpose, conclusions, and recommendations of<br>the plan. If a majority of the qualified electors voting on the question approves of its<br>adoption, the plan is effective according to its terms.11-10.2-03. Analysis required - Contents of plan - Limitations.1.A proposed plan for combining or separating county elective offices, or redesignating<br>a county office as elective or appointive, must be based on an analysis of each<br>affected office, which may include an analysis of:a.The existing office organization, functions, and procedures established for<br>providing governmental services;b.The proposed office organization, functions, and procedures; andc.How the proposal may improve the effectiveness and efficiency of county<br>government and its responsiveness and accountability to local citizens.2.The analysis may be performed as part of a study process initiated pursuant to<br>chapter 40-01.1.3.A proposed plan for combining or separating county elective offices, or redesignating<br>a county office as elective or appointive, may include provision for:a.The selection, powers, duties, functions, qualifications and training, terms, and<br>compensation of the affected county offices, notwithstanding any other law;b.Selection, transfer, reassignment, or termination of personnel associated with<br>each affected office;Page No. 2c.The election or appointment of a county manager, notwithstanding the<br>provisions of chapter 11-09;d.Transition in implementation of the plan, including elements that consider the<br>reasonable expectations of current officeholders such as delayed effective<br>dates for implementation at the end of a current term or a future term, upon the<br>occurrence of a vacancy, or on a date certain;e.The limited application or temporary implementation of the plan, including<br>provisions that permit implementation on an experimental or pilot basis such as<br>the expiration of the plan on a date certain in the future, required reapproval of<br>the plan by the electors at a future date, or a phased-in implementation of<br>different components of the plan; andf.Any other provision deemed necessary for combining or separating the offices<br>or redesignating an office as elective or appointive.4.A plan may not propose to diminish the term of office for which a current county<br>officer was elected, redesignate that elected office during that term as appointed, or<br>reduce the salary of the office for that term. The plan may not diminish the general<br>responsibility of county government to perform any function or provide any service<br>that is required by law to be performed or provided by county government.5.A proposed plan may not diminish the future term of office, or redesignate an<br>elected office as appointed, with respect to any person who, on August 1, 1993,<br>holds an elected county office and continues to hold that specific office for future<br>terms on an uninterrupted basis. This subsection does not apply after January 1,<br>2002, or if the person holding the affected office consents in writing to the proposed<br>plan and submits that written document prior to the scheduled implementation of the<br>plan to a district judge serving the judicial district in which the county is located.11-10.2-04. Plan implementation - Revision or abandonment of plan. One copy ofthe plan as approved must be filed with the district court for the county and one with the county<br>auditor or functional equivalent to remain as a part of the county's permanent records. The board<br>of county commissioners may take any action necessary to bring about an orderly transition in<br>implementation of the plan, including any transfer of powers, records, documents, property, or<br>funds which is consistent with the approved plan and necessary to place it into full effect. A plan,<br>or part of a plan, adopted under this chapter may be revised or abandoned through the same<br>procedure set forth in this chapter for adopting a plan.11-10.2-05. Combination or separation of appointive offices. A plan for combining orseparating appointive county offices may be proposed and adopted by resolution of the board of<br>county commissioners.Page No. 3Document Outlinechapter 11-10.2 county officer combination, separation, and redesignation