piers109uk/MN-Statutes huggingface dataset:
383B.141 AUTHORIZATION.
The county of Hennepin is authorized to establish, organize and reorganize central purchasing within the county for the purpose of purchasing all goods, materials, supplies, equipment and contracted services required by any department, board, commission or agency, and to perform or cause to be performed all acts necessary and incidental to the acquisition, handling, utilization and disposition of goods, materials, supplies, equipment and contracted services.
410.10 CHARTER ELECTION.
Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held on a date authorized by section 205.10, subdivision 3a. The council or other governing body may call a special election for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter.
The notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25,000 copies. The governing body may in addition thereto publish the notice in any other legal newspaper published in the city.
The ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes.... No....," with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner.
If any charter so submitted be rejected the charter commission may propose others from time to time until one is adopted.
385.19 ACCOUNTS EXHIBITED.
On the last days of February and October in each year, the treasurer shall exhibit the accounts since the last settlement, balanced to that day, to the county board and county auditor, or, if the board is not in session, to the county auditor alone, showing all the money received and disbursed since the last settlement, and the balance remaining on hand. The books, accounts, and vouchers of the treasurer and all money remaining in the treasury shall at all times be subject to the inspection and examination of the county board or any committee thereof.
412.016 APPLICATION; STATUTORY CITIES.
This chapter applies to any city which has not adopted a home rule charter pursuant to the constitution and the laws of this state. Such a city is defined as a "statutory city," and the term includes every city which was a village on January 1, 1974.
Except as provided in Laws 1973, chapter 123, article 4, the term "village" shall not be applied to any municipal corporation operating under the authority of this chapter. In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall delete the term "village" from this chapter except where necessary to effect the provisions of Laws 1973, chapter 123, article 4.
383C.056 INCONSISTENT ACTS REPEALED.
All acts and parts of acts inconsistent with sections 383C.03 to 383C.056 are hereby repealed to the extent necessary to give effect to the provisions of sections 383C.03 to 383C.056.
393.08 ESTIMATES TO COUNTY BOARD; REQUIREMENTS.
As scheduled by the county board of commissioners each year, the local social services agency, except any such board referred to in section 393.01, subdivision 3, shall submit to the county board of commissioners an estimate of the amount needed by it to perform its duties, including expenses of administration, and the county board of commissioners shall consider the estimates so submitted and, if approved, shall levy a tax as provided by law for the purposes. In the event the estimate is not approved, the county board of commissioners shall confer with the local social services agency and adjust a budget in accordance with the facts and levy a tax for the amount required.
In counties referred to in section 393.01, subdivision 3, the estimate required shall not include institutional requirements in any city of the first class located therein. The tax levy by the county board of commissioners in such counties shall be such as is required for public assistance, poor relief and categories of aid under the federal Social Security Act, and shall be separate and distinct from other levies made by it. The governing body of any such city of the first class may annually levy a tax for institutional requirements as authorized by such home rule charter, on the real and personal property within the corporate limits of such city. Such tax levy and the proceeds thereof shall be subject to the same control and supervision as is imposed on any existing public welfare tax levy.
In counties referred to in section 393.01, subdivision 7, the estimate required to fund the public welfare programs of the single local social services agency, including expense of administration, shall be submitted to the boards of county commissioners who are parties to the agreement. Each board of county commissioners shall consider the estimate so submitted and shall confer with the board of county commissioners from the other counties who are a party to the agreement in determining the amount of funds to be assessed against each county for purposes of funding the welfare program.
This section does not apply to Ramsey County.
MS 1971 [Repealed, 1973 c 380 s 18; 1973 c 650 art 21 s 33]
410.11 ADOPTION; NOTICE, EFFECTIVE DATE.
If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall be considered adopted; and, if any provisions thereof are submitted in the alternative, those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk shall file with the secretary of state and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted and record a certified copy with the county recorder of the county in which the city lies. The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon the election of officers thereunder, the officials of the former corporation shall deliver to them the records, money and other public property in their control.
383D.75 NEW LOCATION FOR DEPUTY REGISTRAR.
Notwithstanding section 168.33, and rules adopted by the commissioner of public safety, limiting sites for the office of deputy registrar based on either the distance to an existing deputy registrar office or the annual volume of transactions processed by any deputy registrar, the commissioner of public safety shall permit the deputy registrar of motor vehicles agent number 128 and driver's license agent number 726 for Dakota County to move from the existing deputy registrar location in Burnsville to the Dakota County Burnhaven Library in Burnsville, with full authority to function as a registration and motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven Library. All other provisions regarding the appointment and operation of a deputy registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061, and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.
383B.142 PROCEDURE.
The county board may by resolution delegate the powers and duties enumerated in sections 383B.141 to 383B.1511, and those powers and duties necessary to the implementation of the purposes of central purchasing specifying the nature, scope and extent of the delegation. The authority and responsibility subject to delegation shall include, but not be limited to the following:
(a) purchasing and contracting for all goods, materials, supplies, equipment and contracted services, as provided in section 383B.143;
(b) preparation, review, modification and approval of all plans and specifications for goods, materials, supplies, equipment and contracted services;
(c) the transfer of any goods, materials, supplies, equipment or contracted services to or between departments, boards, commissions and agencies;
(d) selling or otherwise disposing of goods, materials, supplies, equipment and contracted services which are unusable or no longer required; and
(e) periodically reviewing and requiring department heads to supply necessary data concerning inventories and surpluses and monitoring compliance by department heads with purchasing laws, rules, regulations and procedures.
Notwithstanding the provisions of section 373.02, the county board may delegate its purchasing powers and duties to the county administrator. The county administrator, wherever referred to in sections 383B.141 to 383B.1511, may designate and delegate a purchasing manager or other person to perform the tasks empowered or assigned to the county administrator. Any purchase in excess of $3,500 shall require the signature of the county administrator or designee.
385.20 FAILURE TO SETTLE.
Any county treasurer who fails to make settlement with the commissioner of management and budget within 15 days of the time prescribed by law, shall forfeit and pay the sum of $100, in addition to the penalties provided in section 385.21, to be recovered in a civil action, which forfeiture shall be paid into the state treasury to the credit of the general fund. The commissioner of management and budget, for good cause shown, may remit the penalty at any time before an action is commenced.
383D.76 COUNTY MANAGER PLAN.
Provided that it meets the requirements of section 375A.01, subdivision 2, the county board of Dakota County may adopt by resolution the county manager plan described in section 375A.03, subdivisions 1, 2, 3, and 4, paragraph (a), and 375A.04, subdivision 1. Section 375A.12 does not apply to the adoption of the county manager plan under this subdivision.
If Dakota County adopts the county manager plan as provided in subdivision 1, all references to the county administrator in chapter 383D shall be deemed to refer to the county manager, section 383D.153 shall be preempted, and sections 383D.09 and 383D.21 to 383D.35 shall not be preempted.
383B.143 CONTRACTS FOR PURCHASES.
Notwithstanding the provisions of sections 373.01 and 373.02, the administrator has authority to enter into contracts for the purchase of goods, materials, supplies, equipment or services under the terms, conditions or restrictions contained in sections 383B.141 to 383B.151 or of any resolution of the board. Authority to enter into price agreements may be delegated to the administrator, who may authorize heads of departments to make purchases within the scope of the agreements.
MS 2022 [Repealed, 2023 c 62 art 3 s 22]
MS 2022 [Repealed, 2023 c 62 art 3 s 22]
The board may authorize, subject to rules promulgated by the administrator, purchases other than those defined in subdivision 1.
The board shall have sole authority for entering into joint powers agreements or cooperative purchase agreements under the provisions of section 471.59. Upon the execution of agreements thereunder, the board may delegate authority relating to purchases of goods, materials, supplies, equipment or services.
393.09 MONTHLY MEETINGS.
The local social services agency shall meet and advise with the director at least once each month and the director shall report and be responsible to the local social services agency and shall be directed by the agency. The director shall be charged with the administration of the duties of the local social services agency and shall perform such additional duties as the local social services agency may designate.
385.21 ACTION AGAINST.
If any county treasurer fails to make return or settlement, or to pay over all money with which the treasurer stands charged, at the time and in the manner prescribed by law, the county auditor, on receiving instructions for that purpose from the state auditor or from the county board, shall cause an action to be commenced against such treasurer and the treasurer's sureties in the district court of the county; and judgment may be rendered therein against them for the amount due from such treasurer, with interest and a penalty of ten percent thereon.
410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE.
If the charter which is to be amended or replaced contains provisions which prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof.
412.018 CITIES UNDER GENERAL OR SPECIAL INCORPORATION ACTS.
On July 1, 1975, any city incorporated under and governed by General Statutes 1894, sections 1045 to 1195, Laws of 1895, chapter 8, or Minnesota Statutes 1971, chapter 411; and the cities and borough of Belle Plaine, Special Laws 1868, chapter 36; Chaska, Special Laws 1891, chapter 2; Henderson, Special Laws 1891, chapter 3; St. Peter, Special Laws 1891, chapter 5; New Prague, Special Laws 1891, chapter 46; Shakopee, Special Laws 1875, chapter 6; and St. Charles, Special Laws 1879, chapter 57, shall cease to be governed by the general or special incorporation acts specified in this subdivision and will thenceforth be governed and controlled and derive their corporate legislative and other powers from the laws applicable to statutory cities generally and from such other special laws as may be applicable to them.
MS 1994 [Repealed, 1996 c 310 s 1]
In any city which was a statutory city or borough prior to 1973, and in which the fiscal year has not coincided with the calendar year, the calendar year shall become the fiscal year in 1976. The clerk, subject to the direction of the council, shall make such adjustments for accounts and reports during the transitional year as are necessary to provide the basis for accurate and comparable accounting and reporting.
386.13 TRANSCRIBING RECORDS OF STATE LANDS.
The county commissioners of any county in this state are hereby authorized to direct the county recorder of any county containing any lands heretofore granted to the state from the United States government (except sections 16 and 36), and including all lands so granted in lieu of lands in sections 16 or 36, to transcribe from the records of the commissioner of management and budget lists of all such lands including reference to the laws granting the same and by all patents issued thereunder to the state, which transcripts after due examination thereof shall be certified to without charge by the commissioner of management and budget as being true and correct transcripts, and thereupon such transcripts, shall be recorded by the county recorder in whose county such land is situate, which recording shall be done as provided therefor by the county. Such county recorder shall receive the same fees allowed by law for recording original instruments in the office, which fees shall be paid by the county auditor upon the approval of the county commissioners of said county.
383B.144 PREQUALIFICATION.
Upon establishment of rules and regulations defining the criteria and conditions for prequalification of a bidder, the criteria and conditions and lists of qualified bidders shall be made available for public inspection by the administrator.
Any prospective bidder who claims to have been wrongfully deleted from the list of qualified bidders shall have the right to receive in writing, upon request, the reasons for such deletion.
393.10 MEDICAL, SURGICAL, AND HOSPITAL EXPENSES, LIEN.
Any county board or any local social services agency which as a part of its public assistance program provides, pays for or becomes liable for medical, surgical, or hospital care shall have a lien for the cost of such care upon any and all causes of action accruing to the person to whom such care was furnished, or to the legal representatives of such person, on account of injuries giving rise to such causes of action and which necessitated such medical, surgical, or hospital care, subject, however, to any attorney's lien.
The county board or local social services agency may perfect and enforce its lien by following the procedures set forth in sections 514.69, 514.70 and 514.71, except that it shall have 180 days from the date when the last item of medical, surgical, or hospital care was furnished in which to file its lien.
385.22 REMOVAL.
When an action is commenced against any delinquent county treasurer, as aforesaid, the county board may remove such treasurer from office and fill by appointment the vacancy thereby created.
388.19 COUNTY ATTORNEYS COUNCIL.
There is hereby created a county attorneys council hereinafter designated as the "council" to be composed of the county attorney from each of the 87 counties and the attorney general of the state of Minnesota. The members shall meet annually in November of each year and, commencing at the annual meeting in November 1973, shall elect a president, a president-elect, a secretary, and a treasurer, and such other officers and directors as the county attorneys council shall determine. Each of these officers shall hold office for a term of one year and until their successors are elected and qualified. The county attorneys council may adopt such rules as are necessary for the carrying out of its duties. A county attorney may designate in writing an assistant who may act in the county attorney's stead in carrying out any function of the county attorneys council except serving as an officer. The county attorneys council may acquire and hold property, accept gifts, grants, and contributions and may charge fees for services, for seminars, workshops and publications it conducts and produces. All receipts from these sources shall be deposited in one or more special accounts in the state treasury and are appropriated to the county attorneys council for carrying out the duties described in subdivision 4.
MS 1994 [Repealed, 1996 c 310 s 1]
The board of governors of the county attorneys council shall be composed of the president, the president-elect, the secretary, the treasurer, the immediate past president, and the attorney general. A vacancy in any office of the board of governors of the county attorneys council shall be filled by appointment of the remaining members of the board of governors of the county attorneys council.
The board of governors shall have such authority and duties as delegated to it by the council.
The council shall perform such functions as in its opinion shall strengthen the criminal justice system and strengthen and increase efficiency in county government in Minnesota, including but not limited to the following:
(a) Provide training and continuing education for county attorneys and assistants.
(b) Gather and disseminate information to county attorneys including changes in the law by rule, case decisions, and legislative enactment.
(c) Coordinate with law enforcement, courts, and corrections providing interdisciplinary seminars to augment effectiveness of the system.
393.11 COUNTY ATTORNEY; EXPENSES.
The local social services agency of any county is authorized to pay from welfare funds a share of the salary, clerk hire, and expenses of the county attorney or an assistant county attorney or both, such share to be proportionate to the expenses incurred on local social services agency matters and other county matters as determined by the county board of commissioners.
The local social services agency or the commissioner of children, youth, and families may contract with the county attorney for the provision of legal services to the local social services agency in paternity actions, child support enforcement and related matters as specified in Title IV-D of the Social Security Act. The county attorney may contract as to and perform the services and receive reimbursement therefor as determined by the commissioner. The contract may specify that the reimbursement shall be in addition to the salary of the county attorney as set by the county commissioners pursuant to chapter 388.
385.25 PROCEEDINGS AGAINST DEPUTY.
If the deputy treasurer fails to pay over to the deputy's principal on demand any taxes or other money collected as such deputy, the same proceedings may be had against the deputy and the deputy's sureties at the instance of the treasurer as are authorized against treasurers for failing to make payment according to law.
393.13 PRIVATE INSURANCE POLICIES.
Upon providing services pursuant to section 252.27, 260B.331, subdivision 2, 260C.331, subdivision 2, or 393.07, subdivision 1 or 2, to any person having private health care coverage, the county agency shall be subrogated, to the extent of the cost of services provided, to any rights the person may have under the terms of any private health care coverage. The right of subrogation does not attach to benefits paid or provided under private health care coverage prior to the receipt of written notice of the exercise of subrogation rights by the carrier issuing the health care coverage.
To recover under this section, the county attorney may institute a civil action against the carrier of the private health care coverage.
When any amount of money shall be recovered pursuant to this section the county shall pay to the state an amount of the recovery substantially in the proportion in which the state agency has contributed toward the services which were paid by the carrier issuing the health care coverage.
For the purposes of this section, "private health care coverage" means any policy or plan regulated by chapter 62A, 62C, 62E, or 64B. Private health care coverage also includes any self-insurance plan providing health care benefits.
386.16 COUNTY RECORDER TO SUPERVISE; COMPENSATION.
The work provided for in section 386.15 shall be performed by the county recorder of the county. The county recorder, for performing the work, shall receive as compensation therefor such sum as may be fixed by the board of county commissioners.
387.213 CONTINGENT FUND FOR DRUG, ALCOHOL, DWI INVESTIGATIONS.
A sheriff's contingent fund is created in each county to be kept by the county treasurer as all other county funds. One-fourth of all money paid into the county treasury on account of fines imposed for violation of the provisions of chapter 152 or 340A shall be credited to this contingent fund. The sheriff may expend money from this fund for the purpose of investigating and securing evidence of violations of chapters 152, 340A, and the DWI-related provisions of chapter 169A. Money may be withdrawn from the fund by the sheriff upon the order of the district court after application. At the close of the fiscal year any money in the fund in excess of $5,000 shall be transferred into the general fund.
410.15 SUCCESSION; SUBSISTING RIGHTS.
The new city so organized shall be in all respects the legal successor of the former corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any subsisting right, lien, or demand against the city superseded, or affect any pending action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former corporation, all property vested therein or held in trust therefor, all taxes and assessments levied in its behalf, and all its privileges and immunities not inconsistent with the new charter, shall pass to its successor. All ordinances, resolutions, and bylaws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed.
388.22 SALARY; APPEAL; BUDGET.
The county board shall pay the salary of the county attorney at intervals as the board shall determine but not less than once each month.
The county board by resolution shall provide the budget for the salary of the full time county attorney.
The county attorney, if dissatisfied with the action of the county board in setting the amount of the county attorney's salary, may appeal on the same grounds and in the same manner as provided in section 388.18, subdivision 6.
383B.147 VENDOR DISCOUNTS.
Notwithstanding the provisions of sections 471.38 to 471.41, when purchases and agreements have been authorized and when vendor discounts are available thereunder to the county upon early payment, the administrator shall have authority to authorize such early payment without prior board approval. Authority hereunder may only be exercised when purchases and agreements have been approved by the board and contain provisions permitting discounts for early payment. When early payment is made, the board shall ratify such action and record it in the official proceedings of the board.
410.16 FORMS OF GOVERNMENT INCORPORATED IN CHARTER.
The charter commission may incorporate as part of the proposed charter for any city the commission, mayor-council, council-manager form of city government or any other form not inconsistent with constitution or statute, and may provide that all elective city officers, including mayor and members of the council, shall be elected at large or otherwise.
388.20 EXECUTIVE DIRECTOR.
In order to carry out the duties of the county attorneys council, the council shall employ an executive director, hereinafter referred to as the director, which office is hereby created. The board of governors of the county attorneys council shall appoint and supervise the executive director.
The term of office of the director shall be six years and until a successor is appointed and qualified. The director shall be learned in the law. The director shall be in the unclassified service of the state. The term of office for the first director shall commence on July 1, 1973. Vacancies in the office of director shall be filled for the unexpired term by the appointing authority. The director shall devote full time to duties and shall not engage in the private practice of law.
The director may hire such employees as are necessary to carry out duties. Such employees shall be in the unclassified service of the state.
The commissioner of administration shall provide the director with suitable office space.
The director shall carry out the duties assigned to the county attorneys council by Laws 1973, chapter 564 and shall perform such other functions as may be assigned from time to time by the county attorneys council.
383B.146 PURCHASES CONSISTENT WITH LAW.
The board, or the person or persons to whom purchasing and contracting authority may be delegated, shall exercise the authority consistent with sections 383B.141 to 383B.151.
387.211 UNIFORM AND EQUIPMENT ALLOWANCE.
An allowance for the purchase and maintenance of uniforms and equipment for sheriffs and full time deputy sheriffs may be allowed in each county in such amounts and at such times as the board of county commissioners may set.
412.021 OFFICERS.
Upon the filing of the certificate with the secretary of state, if the vote is in favor of incorporation, the judges of election appointed by the chief administrative law judge of the state Office of Administrative Hearings or the county board as the case may be, shall fix a day at least 15 and not more than 30 days thereafter and a place for the holding of an election for officers. The judges shall also fix the time, not less than three hours, during which the polls shall remain open at the election and shall post a notice setting forth the time and place of such election in three public places in the city for at least ten days preceding the election.
There shall be elected at the election a mayor for a term expiring the first business day of January of the next odd-numbered year and four or six council members, for terms so arranged that half expire the first business day of January of the next odd-numbered year and half the first business day of January of the second odd-numbered year. No candidate for council member shall run for a particular term but the number of years in the term of each successful candidate shall be determined by the relative standing among the candidates for office, the longest terms going to the half of the elected candidates who received the highest number of votes. If the election occurs in the last four months of the even-numbered year, no election shall be held in the city on the annual city election day that year, and the next following year shall be disregarded in fixing the expiration of terms of officers chosen under this subdivision at the initial election.
MS 1967 [Repealed, 1969 c 1146 s 20]
MS 1967 [Repealed, 1969 c 1146 s 20]
After the qualification of its members, the council may by ordinance fix the salaries of the mayor and council members. Notwithstanding the provisions of section 415.11, subdivision 2, the ordinance shall not become effective for at least ten days after publication in the official newspaper; and if, before the end of that time a petition asking for an election on the ordinance signed by voters equal to ten percent of the number of voters at the incorporation election is filed with the clerk, the ordinance shall not become effective until it is approved by a majority of the votes cast on the question at a regular or special election.
410.14 ALTERNATIVE PROPOSALS.
In submitting a charter or an amendment to the voters any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any amendments thereto.
385.23 MONEY COLLECTED.
The sheriff or other officer who collects any money from a delinquent county treasurer or the treasurer's sureties shall within ten days thereafter pay the same into the treasury of the county to which it is due.
383C.07 MEMBERS OF BOARDS AND COMMISSIONS; TERMS OF OFFICE.
Notwithstanding the provisions of any law to the contrary, in St. Louis County every lay member hereafter appointed by the county board to any board or commission heretofore or hereafter created by law, shall be appointed for a term of three years.
383C.071 BOARD OF ADJUSTMENT; ALTERNATES.
In St. Louis County the Board of Adjustment created pursuant to Laws 1959, chapter 559, shall have two additional members designated as alternates, either of whom may serve in the place of any regular member who at any time may be unable to serve. The alternates shall be appointed by the county board for terms designated by the board. Alternates shall be compensated in the same amount and manner as regular members of the Board of Adjustment.
385.24 REFUSAL TO EXECUTE PROCESS.
If any sheriff or other officer to whom an execution against a delinquent treasurer and the treasurer's sureties is delivered neglects or refuses to execute the same, or neglects or refuses to pay over any money collected thereon, as required in section 385.23, the sheriff and the sheriff's sureties shall be liable to the same penalties and proceeded against in the same manner as provided by law in the case of delinquent treasurers.
387.212 CONTINGENT FUND TO ADVANCE AND REIMBURSE EXPENSES.
The board of county commissioners in any county may create a sheriff's contingent fund and may credit thereto not more than $10,000. The money in such fund may be used for the advancement and reimbursement of expenses of the sheriff and the sheriff's office. Such money shall be disbursed by the county treasurer in accordance with rules and regulations prescribed by the board. Any balance remaining at the end of the year shall be transferred to the revenue fund.
390.111 EXPENSES AND COMPENSATION.
The county board is responsible for the reasonable and necessary compensation and expenses of the coroner or medical examiner, assistants, investigators, and other medical specialists.
388.21 FULL-TIME POSITION; ESTABLISHMENT.
The county board of any county in Minnesota by resolution may provide that the office of the county attorney shall be a full-time position and require that one elected to the office not engage in the private practice of law.
If the office of county attorney is made a full-time position, the action shall be taken at the January meeting prior to the first date on which applicants may file for the office of county attorney. The salary shall be set by the county board as provided in section 388.18, subdivision 2.
412.022 COUNCIL MAY PROVIDE FOUR-YEAR TERM.
The council may, by ordinance, establish a four-year term or reestablish a two-year term for the office of mayor commencing with the ensuing term, except that in a standard plan city which establishes a four-year term for mayor, the first mayor to serve a four-year term shall be elected at the first election when the clerk is not to be elected. In any case the ordinance shall not affect the term of the mayor elected in the year in which it is adopted unless it is adopted at least four weeks before the closing date for the filing of affidavits of candidacy for such election.
MS 1974 [Repealed, 1976 c 44 s 70]
MS 1974 [Repealed, 1976 c 44 s 70]
386.15 TRACT INDEXES TRANSCRIBED.
In counties having a population of less than 75,000 now having tract indexes of the records in the office of the county recorder, the county board is hereby authorized to have such tract indexes transcribed, compared with the original records, and checked back when the necessity therefor appears.
393.12 FEES FOR SOCIAL SERVICES.
A local social services agency may charge fees for social services furnished to a family or individual not on public assistance. The local social services agency shall establish fee schedules based on the recipient's ability to pay and for day care services on the recommendations of the appropriate advisory council.
386.14 RECORDS AS PRIMA FACIE EVIDENCE.
The record of such transcript shall be prima facie evidence of the facts therein set forth, and of the contents of the original instruments so transcribed and recorded, and a certified copy of such record shall be admissible in evidence in all the courts of this state.
383B.148 RULES AND REGULATIONS.
The administrator, subject to the approval of the board, shall adopt, promulgate, amend, as necessary, and file with the board rules and regulations for the following purposes:
(a) prescribing the manner in which goods, materials, supplies and equipment shall be purchased, delivered, stored and distributed;
(b) prescribing the forms for requisitions, the manner of their authentication and their revision by the administrator;
(c) prescribing the manner of inspecting all deliveries of goods, materials, supplies and equipment and of making chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;
(d) requiring reports by county departments, boards and agencies of stocks of supplies, obsolete or unusable goods, materials, supplies and equipment on hand and of purchases made by department heads and prescribing the form of such report;
(e) providing for the sale and transfer to or between county departments, boards, commissions and agencies of goods, materials, supplies and equipment which are surplus with other departments, boards, commissions or agencies, and for the disposition by sale, after receipt of competitive bids of goods, materials, supplies and equipment which are obsolete, unusable or not needed;
(f) determining whether a deposit is to be submitted with a bid on a purchase contract or sale and, if required, prescribing the amount and form thereof and providing that the deposit shall be forfeited if the successful bidder refuses to enter into a contract and post a bond as required under section 383B.15, subdivision 2;
(g) defining the criteria and conditions for prequalification of bidders for the establishment of bidder lists in a manner as to provide for competitive bidding from the largest relevant market and to eliminate unqualified bidders, products and services. The criteria and conditions may take into consideration quality, maintenance costs, available warranties and other legal protections and other elements as would be considered by any reasonable purchaser in selecting the greatest value for the cost;
(h) prescribing the procedure and form for securing the data necessary from bidders and prospective bidders to determine whether or not they are responsible;
(i) prescribing the manner in which invoices for goods, materials, supplies and equipment delivered to any and all departments, boards, commissions and agencies of the county shall be submitted, examined and approved; and
(j) providing for other matters necessary to effect the provisions of sections 383B.141 to 383B.151.
383B.149 PURCHASES OR CONTRACTS FORBIDDEN.
If any department, board, commission or agency of the county government shall purchase or contract for any goods, materials, supplies, equipment or services, or shall sell any obsolete or unusable materials or equipment contrary to the provisions of sections 383B.141 to 383B.151, such order, contract or sale shall be void. The head of the department, board, commission or agency shall be personally liable for the cost of the order or contract and for the reasonable value of the materials or equipment sold. If the order or contract is already paid for out of county funds, the amount thereof may be recovered in the name of the county by appropriate action. Property sold contrary to the provisions of sections 383B.141 to 383B.151 or the reasonable value thereof may be likewise recovered in the name of the county.
386.17 TO EXHIBIT RECORDS.
The county recorder shall exhibit free of charge, during the hours that the office is or is required by law to be open, any of the records or papers in the recorder's official custody to the inspection of any person demanding the same, either for examination, or for the purpose of making or completing an abstract or transcript therefrom; but no such person shall have the right to have or use such records for the purpose of making or completing abstracts or transcripts therefrom, so as to hinder or interfere with the recorder in the performance of official duties.
386.18 ABSTRACTER; BOND.
The county board may, by resolution, authorize any person to use a portion of the county building for the purpose of making abstracts of title, upon the execution by such person of a bond to the state in a sum not less than $500, conditioned for the faithful performance of duties as such abstracter and that the abstracter will handle all public records with care and charge no greater fee for abstracts of title than is or may be allowed by law to county recorders for like services.
383C.074 EXTENSION COMMITTEE.
The extension committee appointed under section 38.36 for St. Louis County shall consist of 11 members, of which eight shall be appointed at large by the St. Louis County Board of Commissioners.
385.27 FAILURE TO GIVE BOND.
If any county treasurer fails or refuses to give such additional bond for ten days after the day on which the same is required by the county board, the treasurer's office shall become vacant, and be filled as provided by law.
410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS.
Such charter commission may also provide that the administrative powers, authority, and duties in any such city shall be distributed into and among departments and may provide that the council may determine the powers and duties to be performed by and assign them to the appropriate department and determine who shall be the head of each department and prescribe the powers and duties of all officers and employees thereof, and may assign particular officers or employees to perform duties in two or more departments, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city.
387.22 COURT MUST FIX PAY FOR EXTRA RIOT DEPUTIES.
When there is any riot or impending violation of law and the sheriff shall be of opinion that other than the regular deputies are required the sheriff shall apply to the judge of the district court to determine upon and fix the compensation of such special deputies as the sheriff may name and appoint and such special deputies so named and appointed and the compensation of whom is fixed by the judge shall have all the powers assigned by the sheriff in such appointment. The appointment by the sheriffs and the fixing of their compensation shall be immediately certified by the sheriff to the court administrator of the district court of the county and such certificate filed by such court administrator and such special deputies shall be paid in the same manner as deputies in attendance upon terms of court.
383B.15 BONDS.
All persons authorized to make purchases and agreements on behalf of the county shall be bonded in an amount fixed by the county board for the protection of the county. The bonds shall be approved and filed in the manner as are official bonds of county officers.
The successful bidder under the competitive bidding provisions shall at the time of execution of the contract provide the county with a bond or bonds conditioned as required by law. The county administrator may waive a bond or bonds, at discretion, on deciding that the bond or bonds are not reasonable or necessary for the protection of the county.
390.15 FEES.
The coroner or medical examiner may charge a fee for cremation approval, duplication of reports, and other administrative functions to recover reasonable expenses, subject to county board approval.
386.20 CERTIFICATES OF DISCHARGE FROM U.S. SERVICE.
(a) Certificates of discharge from the armed forces of the United States of America and releases or transfers from active duty therein may be recorded in the office of the county recorder of any county in this state by the person to whom such discharge, release or transfer was issued without the payment of any fee to the county recorder for recording the same. Upon the request of the person having such instrument recorded, the county recorder shall not stamp, mark, or make any endorsement upon any such certificate of discharge, release or transfer, but after the recording thereof has been completed the recorder shall return the certificate of discharge, release, or transfer in the condition received.
(b) The release of any information pertaining to military certificates of discharge is governed by section 196.08.
The record of such certificate or duly certified copy thereof shall be prima facie evidence of all the facts therein stated and received as evidence of such facts in all courts of this state.
The county recorder of any county is hereby authorized and empowered to procure at the expense of the county proper record books or electronic media for recording such certificates of discharge with sufficient indexes thereto.
383C.081 HOUSING AND REDEVELOPMENT AUTHORITY.
A resolution of the St. Louis County Board under section 469.004 may provide that the board will constitute the county housing and redevelopment authority or it may provide for the appointment of members. If members are appointed, the authority shall be composed of seven persons and individual members of the board may be appointed to be members of the authority.
385.26 NEW BOND; INSOLVENCY OF SURETY.
The county board may require the county treasurer to give a new bond, with sureties to be approved by them when, in the opinion of a majority of the board, the sureties, or any of them, on the original bond are insufficient, and may also require a new bond, with sureties to be approved by them, when the penalty of such original bond is deemed insufficient; but the taking of any new bond shall not affect or impair the original bond, or the rights and liabilities of the parties thereto, incurred or existing at or prior to the time of the approval and acceptance of such new bond. Where the original bond was a corporate surety bond, and such bond since the first day of January 1933 has become inoperative due to the insolvency of the surety company, the treasurer shall furnish a new bond with sureties to be approved by the county board, and the liability of the sureties on such new bond shall only include and extend from the date of the execution of the new bond.
385.29 LENDING OF COUNTY FUNDS PROHIBITED; PENALTY.
Any county treasurer who lends any money belonging to the county with or without interest or uses the same for personal purposes, shall forfeit and pay for every such offense not more than $1,000 nor less than $500 to be recovered in a civil action at the suit of the state for the use of the county, city, town, or body politic injured.
388.23 COUNTY ATTORNEY; ADMINISTRATIVE SUBPOENAS.
The county attorney, or any deputy or assistant county attorney whom the county attorney authorizes in writing, has the authority to subpoena and require the production of any records of telephone companies, cellular phone companies, paging companies, subscribers of private computer networks including Internet service providers or computer bulletin board systems, electric companies, gas companies, water utilities, chemical suppliers, hotels and motels, pawn shops, airlines, buses, taxis, and other entities engaged in the business of transporting people, and freight companies, warehousing companies, self-service storage facilities, package delivery companies, and other entities engaged in the businesses of transport, storage, or delivery, and records of the existence of safe deposit box account numbers and customer savings and checking account numbers maintained by financial institutions and safe deposit companies, insurance records relating to the monetary payment or settlement of claims, the banking, credit card, and financial records of a subject of an identity theft investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including but not limited to safe deposit, loan and account applications and agreements, signature cards, statements, checks, transfers, account authorizations, safe deposit access records and documentation of fraud, and wage and employment records of an applicant or recipient of public assistance who is the subject of a welfare fraud investigation relating to eligibility information for public assistance programs. Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation. Administrative subpoenas may only be issued in welfare fraud and identity theft cases if there is probable cause to believe a crime has been committed. This provision applies only to the records of business entities and does not extend to private individuals or their dwellings.
The subpoena shall be enforceable through the district court.
The person directed to produce the records shall be paid reasonable expenses incurred in producing the records.
The subpoena must state that the person to whom the subpoena is directed may not disclose the fact that the subpoena was issued or the fact that the requested records have been given to law enforcement personnel except:
(1) insofar as the disclosure is necessary to find and disclose the records; or
(2) pursuant to court order.
The willful failure to produce the documents required by the subpoena is a misdemeanor.
Upon the ex parte request of the attorney issuing the subpoena, the district court may issue an order directing the production of the records. It is not necessary for either the request or the order to be filed with the court administrator. Failure to comply with the court order subjects the person who fails to comply to civil or criminal contempt of court, or both.