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11-10.3 Multisubdivisions Office Combinations

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CHAPTER 11-10.3MULTISUBDIVISIONS OFFICE COMBINATIONS11-10.3-01. Multicounty combination of elective offices.1.A county may combine any county elective office with one or more elective offices of<br>one or more other counties for the purpose of sharing that combined office for the<br>performance of functions and the provision of services among those counties. The<br>procedures set forth in this chapter apply to the combination, unless a specific<br>procedure for combining particular elective county offices is otherwise provided by<br>law.2.A proposal for combining county elective offices may be accomplished:a.By the boards of county commissioners of each affected county by entering into<br>a joint powers agreement incorporating a plan for the office combination,<br>subject to the right of referendum in the electors of each of the counties; orb.By initiative of the electors of each affected county. A petition signed by ten<br>percent or more of the total number of qualified electors of each county voting<br>for governor at the most recent gubernatorial election may be submitted to the<br>boards of county commissioners of each county, calling upon the boards to<br>submit to the electors the question of adopting a plan described in, or annexed<br>to, the petition.3.A joint powers agreement entered into between counties for combining the functions<br>of any county elective office pursuant to subdivision a of subsection 2 may be<br>referred to the qualified electors of an affected county by a petition protesting the<br>agreement. The petition must be signed by ten percent or more of the total number<br>of qualified electors of the county voting for governor at the most recent<br>gubernatorial election, and filed with the county auditor, or functional equivalent of<br>that office, before four p.m. on the thirtieth day after the agreement is adopted.<br>Within ten days after the filing of the petition, the county auditor shall examine the<br>petition and ascertain from the voter list whether the petition contains the signatures<br>of a sufficient number of qualified electors. Any insufficiencies may be cured by the<br>filing of an amended petition within ten days after the county auditor declares the<br>insufficiency. The implementation of the terms of the joint powers agreement is<br>suspended upon a determination by the county auditor that the petition was timely<br>filed and contains the signatures of a sufficient number of qualified electors. The<br>board of county commissioners shall reconsider the referred agreement and, if the<br>board does not terminate the agreement in its entirety, shall submit the question to a<br>vote of the qualified electors of the county at the next regular election. The county<br>auditor shall cause the complete text of the agreement to be published in the official<br>newspaper of the county, not less than two weeks nor more than thirty days, before<br>the date of the election. The boards of county commissioners may, prior to the<br>election, hold public hearings and community forums and use other suitable means<br>to disseminate information, receive suggestions and comments, and encourage<br>public discussion of the purpose and provisions of the plan. If a majority of the<br>qualified electors voting on the question in the county approve the question, the plan<br>incorporated in the agreement is effective and becomes operative according to the<br>terms of the agreement as if the agreement had not been suspended. If the electors<br>of either county do not approve the question, the plan does not become effective.4.The question of combination of the functions of elective county offices brought by<br>petition pursuant to subdivision b of subsection 2 must be submitted by the boards of<br>county commissioners to the electors in each of the affected counties at a primary or<br>general election not less than sixty days nor more than two years, as specified in the<br>petition, after the petition is determined sufficient by each board. The question on<br>the ballot at the election must be framed in a manner that fairly and accuratelyPage No. 1describes the substance of the proposed office-sharing arrangement. The board of<br>county commissioners in each affected county shall cause the complete text of the<br>proposed plan for combining offices 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 boards of countycommissioners may, prior to the election, hold public hearings and community<br>forums and use other suitable means to disseminate information, receive<br>suggestions and comments, and encourage public discussion of the purpose and<br>provisions of the plan. If a majority of the qualified electors of each county voting on<br>the question approves of its adoption, the plan is effective according to its terms.5.One copy of the plan as approved must be filed with the district court for each county<br>and one with each county auditor or functional equivalent to remain as a part of each<br>county's permanent records. The boards of county commissioners may take any<br>action necessary to bring about an orderly transition in implementation of the plan.6.A plan, or part of a plan, adopted pursuant to this chapter may be revised or<br>terminated through another joint powers agreement or petition submitted pursuant to<br>the procedure set forth in this chapter for adopting a plan, or pursuant to provisions<br>for termination or revision provided in the original joint powers agreement.11-10.3-02. Contents of plan - Limitations.1.A joint powers agreement or plan for combining the function of county elective<br>offices may specify:a.The offices to be combined;b.The selection, powers, duties, functions, qualifications and training, terms,<br>candidate residency requirements notwithstanding section 11-10-04, and<br>compensation of the combined office, and status of the office as elective or<br>appointive;c.The manner of apportionment of the costs of the office;d.Procedures for the selection, transfer, reassignment, or termination of<br>personnel associated with the affected offices;e.Procedures for the transfer of powers, records, documents, and property;f.Procedures for termination or modification of the arrangement;g.The process for transition in implementing the office combination, including<br>delayed effective dates for implementation at the end of a current term or a<br>future term, upon the occurrence of a vacancy, or on a date certain;h.A process for the limited application or temporary implementation of the plan,<br>including provisions that permit implementation on an experimental or pilot<br>basis such as the expiration of the plan on a date certain in the future, require<br>reapproval of the plan by the electors at a future date, or a phased-in<br>implementation of various components of the plan; andi.Other provisions pertaining to the combined office that the affected boards of<br>county commissioners deem necessary or advisable.2.A proposed plan for combining the functions of county elective offices may not<br>diminish the term of office for which a current county officer was elected, redesignate<br>that elected office during that term as appointed, or reduce the salary of the office for<br>that term.The plan may not diminish any general responsibility of countyPage No. 2government to perform any function or provide any service that is required by law to<br>be performed or provided by county government.3.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.11-10.3-03. Office sharing among political subdivisions. A proposal for combiningappointive offices of two or more counties, appointive offices of a county and another political<br>subdivision, or appointive offices of two or more political subdivisions which are not counties may<br>be implemented through the execution of a joint powers agreement, unless a specific procedure<br>for combining particular appointive offices is otherwise provided by law. The proposal is not<br>subject to the referendum or election procedures of this chapter. A proposal for combining both<br>elective and appointive offices of two or more counties, between a county and another political<br>subdivision, or between two or more political subdivisions which are not counties, is subject to<br>the referendum procedures of this chapter only in the county or other political subdivision of the<br>elective office.Page No. 3Document Outlinechapter 11-10.3 multisubdivisions office combinations