piers109uk/MN-Statutes huggingface dataset:
384.12 ACCOUNT WITH TREASURER.
The county auditor shall keep an accurate account current with the treasurer of the county, and, when any person shall deposit with the auditor any receipt given by the treasurer for money paid into the treasury, the auditor shall file the same and charge the treasurer with the amount thereof.
383E.21 COUNTYWIDE PUBLIC SAFETY IMPROVEMENTS AND EQUIPMENT; BONDING AND TAX LEVIES.
(a) To finance the cost of designing, constructing, and acquiring countywide public safety improvements and equipment, including personal property, benefiting both Anoka County and the municipalities located within Anoka County, the governing body of Anoka County may levy property taxes for public safety improvements and equipment, and issue:
(1) capital improvement bonds under the provisions of section 373.40 as if the infrastructure and equipment qualified as a "capital improvement" within the meaning of section 373.40, subdivision 1, paragraph (b); and
(2) capital notes under the provisions of section 373.01, subdivision 3, as if the equipment qualified as "capital equipment" within the meaning of section 373.01, subdivision 3. Personal property acquired with the proceeds of the bonds or capital notes issued under this section must have an expected useful life at least as long as the term of debt.
(b) The outstanding principal amount of the bonds and the capital notes issued under this section may not exceed $8,000,000 at any time. Any bonds or notes issued pursuant to this section must only be issued after approval by a majority vote of the Anoka County Joint Law Enforcement Council, a joint powers board.
(a) Anoka County shall not include any taxes levied under this section in its levy certified under section 275.07, subdivision 1, paragraph (a). Anoka County shall separately certify taxes levied under this section to the county auditor.
(b) Notwithstanding sections 275.065, subdivision 3, and 276.04, the county may report the tax attributable to any levy to fund public safety capital improvements or equipment projects approved by the Anoka County Joint Law Enforcement Council or pay principal and interest on bonds or notes issued under this section as a separate line item on the proposed property tax notice and the property tax statement.
This section expires on December 31, 2033. The county may not issue a bond or note under this section with a maturity or payment date after the expiration date of this section. No property tax may be levied under this section for taxes payable in a calendar year after the calendar year in which this section expires. Expiration of this section does not affect the obligation to pay or the authority to collect taxes levied under this section before its expiration.
389.02 DEPUTIES; SURVEYS, RECORDS.
The county surveyor may appoint deputies as the county surveyor deems necessary, and is responsible for the faithful and correct performance of their duties. The county surveyor shall (1) make all surveys within the county ordered by any court, public board, or officer, (2) keep a fair and correct record of each survey made by the office, in a file to be provided by the county board, to be turned over to a successor in office, and (3) assign each survey a unique number and preserve a copy of the field notes, which shall be complete and accurate, and calculations of each survey, with its number properly endorsed thereon. The surveyor must furnish to any person requesting it a copy of the field notes, calculations and survey number.
383B.1161 ELECTRONIC APPROVALS.
"Electronic approval" means any electronic identifier intended by the person making, executing, or adopting it to authenticate and validate a county administrative action. Notwithstanding any other general or special law to the contrary, the county may use electronic approvals. The electronic approval has the same validity and consequences as the actual signing by the person. The county shall establish policies and procedures to ensure the validity of electronic approvals.
383C.042 REJECTION OF APPLICATION; REFUSAL TO TEST OR REFER.
The human resources director may reject an application of any person for admission to a test or refuse to test any applicant, or to refer the name of an applicant for employment who is found to lack any of the established qualification requirements for the position applied for or tested on, or who is physically unable to effectively perform the duties of the position, with reasonable accommodation, or who has been dismissed from the public service for misconduct, or who has made a false statement of any material fact or practiced or attempted to practice deception or fraud in the application or in the test, or in securing eligibility or appointment. Any such person may appeal to the county civil service commission from the action of the human resources director in accordance with the rules established hereunder.
383D.411 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY; PLAN MODIFICATION.
Notwithstanding section 469.175, subdivision 4, the Dakota County Community Development Agency may designate additional property to be acquired by the agency for a tax increment financing project without meeting the requirements for approval of an original tax increment financing plan if the property:
(1) consists of one or more parcels under common ownership;
(2) is acquired from a willing seller;
(3) is acquired for purposes of development as a housing project as defined in section 469.174, subdivision 11; and
(4) the acquisition is approved by the governing body of the agency after holding a public hearing thereon after published notice in a newspaper of general circulation in the municipality in which the property is located at least once not less than ten days nor more than 30 days prior to the date of the hearing. The published notice must include a map depicting the property and the general area of the municipality within which the property is located. The hearing may be held before or at the time of authority approval of the acquisition.
384.13 CLAIMS; DISBURSEMENTS.
No claims against the county shall be paid otherwise than upon allowance of the county board, upon the warrant of the chair thereof, attested by the county auditor, except in those cases in which the precise amount is fixed by law, or is authorized to be fixed by some other person, officer, or tribunal, in which cases the same shall be paid upon the warrant of the auditor, upon the proper certificate of the person, officer, or tribunal allowing the same. No money shall be disbursed by the county board, or any member thereof, but only by the county treasurer upon the warrant of the chair of the county board, attested by the auditor, specifying the name of the party entitled to the same, on what account and for what purpose issued, upon whose allowance, if not fixed by law, and the fund from which it is payable. In all counties except any county having a population of more than 150,000, each warrant shall be so drawn that when signed by the treasurer in an appropriate place, it becomes a check on the county depository. If in payment for services, the specific time for which the same were rendered shall be therein stated, and all orders and warrants shall be progressively numbered, and the number, date, and amount of each, the name of the person to whom payable, and the specific time for which any service was rendered, shall, at the time of issuing the same, be entered in a book to be kept by the auditor for that purpose.
385.05 RECEIPT AND PAYMENT OF MONEY.
The county treasurer shall receive all money directed by law to be paid to the treasurer and pay them out only on the order of the proper authority. All money belonging to the county shall be paid out upon the order of the county board, signed by the chair thereof, and attested by the county auditor, or upon the warrant of the county auditor upon the presentation to the auditor of the proper certificate of the person or tribunal allowing the same, and not otherwise. All money due the state, arising from the collection of taxes or from other sources, shall be paid upon the draft of the commissioner of management and budget and a duplicate copy of the receipt for payment of such draft shall be forwarded by the commissioner of management and budget to the county auditor, who shall preserve the same, and credit the county treasurer with the amount thereof. The county auditor shall issue a warrant in favor of the state for the amount of such draft and the county treasurer shall pay the warrant forthwith without endorsement thereof by the commissioner of management and budget or other state official, and without expense to the state for collection charges.
389.03 COMPENSATION; RECORDS.
(a) Except as otherwise provided by law, the county board shall fix the compensation of county surveyors or their deputies, including their necessary expenses. All records of surveys are public records and must be made available by the county surveyor at all reasonable times to inspection by any person. The county board shall, at the expense of the county, provide to the county surveyor all proper and necessary files for keeping these records. The county survey records must be kept in the office of the county surveyor or of the county recorder of the county. If an office for the county surveyor is maintained in a building maintained by the county for county purposes on a full-time basis, then the records shall be kept in the office of the county surveyor.
(b) If a county closes an office of the county surveyor that the county maintained in a building maintained by the county for county purposes on a full-time basis, the county shall transfer all certificates of location of corners filed with that office under section 381.12, subdivisions 1 and 3, to be recorded in the office of the county recorder.
383B.1162 CREDIT CARDS.
The county may allow officials, officers, and employees of the county to incur charges for county purposes by use of county credit cards. The county shall adopt policies and procedures regarding such credit card usage to establish individual accountability.
387.05 SHALL GIVE CERTIFICATE, WHEN.
Every sheriff, if required, shall give without charge to any person delivering process or papers to the sheriff for service or execution a signed certificate specifying therein the names of the parties, the nature of the process or paper, and the day of such delivery.
383E.22 BONDS ISSUANCE VALIDATED.
The provisions of sections 373.47, subdivision 1, and 403.36, subdivision 3, requiring prior review and approval by the Statewide Radio Board do not apply to the general obligation bonds issued by Anoka County in a principal amount of $10,500,000 on November 20, 2002.
385.06 ACCOUNTS AUDITED.
The county board in each county may carefully examine and audit such accounts, books, and vouchers of the county treasurer as will enable it to ascertain the kind, description, and amount of funds in the treasury of such county, or belonging thereto, without previous notice to the treasurer. The county board shall also witness and attest the transfer and delivery of accounts, books, vouchers, and funds by each outgoing treasurer to the successor in office.
The county board may employ the assistance of any county officer or employee or any certified public accountant where such assistance is deemed necessary by the county board to accomplish the internal audit or other functions involved. A certified public accountant is a person who for a period of three years prior to the date of such employment has been actively engaged in the practice of public accounting in accordance with chapter 326A.
384.14 DESTRUCTION OF RECORDS.
The auditors of the several counties are authorized, with the consent and approval of their county boards and judge of the district court, to destroy the following vouchers, files, records, and papers of their offices at the time and under the conditions herein specified:
(1) claims and vouchers paid by the county more than ten years prior to such destruction;
(2) receipts for taxes paid more than ten years prior thereto;
(3) treasurers' checks paid more than ten years prior thereto;
(4) receipts for mortgage registration taxes paid more than ten years prior thereto;
(5) miscellaneous receipts, delinquent tax statements and miscellaneous papers and correspondence bearing dates more than ten years prior thereto;
(6) with written approval of the treasurer county warrants paid more than ten years prior thereto.
The auditor, instead of personally destroying any miscellaneous papers and correspondence, or any other documents, instruments, or papers which may be of historical value, shall forward those items to the state archives for disposition in accordance with section 138.17.
383C.0425 PROHIBITING OR OBSTRUCTING PERSONS FROM TAKING TESTS.
No person shall deceive or obstruct any person in respect to the right of test under the provisions of sections 383C.03 to 383C.056; falsely mark, grade, estimate, or report upon the test or standing of any person tested under this chapter, or aid in so doing; or furnish to any person, except in answer to inquiries of the civil service commission, any special information for the purpose of influencing the rating of any such person for appointment or employment. No applicant shall deceive the county civil service commission for the purpose of improving the applicant's prospects for appointment. No person shall solicit, verbally or in writing, and no public officer or employee shall receive or be in any manner concerned in the receiving or soliciting of any money or item of value from any officer or employee holding a position in the classified service for any purpose. No person shall use or promise to use personal influence or official authority to secure appointment or prospect of appointment to a position classified under sections 383C.03 to 383C.056. No public officer or employee shall by means of threat or coercion influence any person holding a position in the classified service to resign the position, take a leave of absence from duty, or waive any right under sections 383C.03 to 383C.056.
383E.23 LIBRARY TAX.
The Anoka County Board may levy a tax of not more than .01 percent of the estimated market value of taxable property located within the county excluding any taxable property taxed by any city for the support of any free public library, to acquire, better, and construct county library buildings and to pay principal and interest on bonds issued for that purpose. The tax shall be disregarded in the calculation of levies or limits on levies provided by section 373.40, or other law.
389.04 RULES FOR SURVEYS.
In all surveys the basis for the courses must be defined. In subdividing townships, sections, or parts of sections, as established by the United States survey thereof, and in restoring lost or obliterated government corners, the county surveyor shall follow the rules established by or pursuant to acts of Congress, and all such surveys shall be made in strict conformity to the original survey made by the United States.
388.051 DUTIES.
The county attorney shall:
(1) appear in all cases in which the county is a party;
(2) give opinions and advice, upon the request of the county board or any county officer, upon all matters in which the county is or may be interested, or in relation to the official duties of the board or officer;
(3) prosecute felonies, including the drawing of indictments found by the grand jury, and, to the extent prescribed by law, gross misdemeanors, misdemeanors, petty misdemeanors, and violations of municipal ordinances, charter provisions and rules or regulations;
(4) attend before the grand jury, give them legal advice, and examine witnesses in their presence;
(5) request the court administrator to issue subpoenas to bring witnesses before the grand jury or any judge or judicial officer before whom the county attorney is conducting a criminal hearing;
(6) attend any inquest at the request of the coroner; and
(7) appear, when requested by the attorney general, for the state in any case instituted by the attorney general in the county attorney's county or before the United States Land Office in case of application to preempt or locate any public lands claimed by the state and assist in the preparation and trial.
(a) In Anoka, Carver, Dakota, Hennepin, Scott, and Washington Counties, only the county attorney shall prosecute gross misdemeanor violations of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377; 609.378; 609.41; and 617.247.
(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor violations of sections 609.255, subdivision 3; 609.377; and 609.378.
(c) The county attorney shall prosecute failure to report physical or sexual child abuse or neglect as provided under section 260E.08, paragraphs (a), (b), and (c), violations of fifth-degree criminal sexual conduct under section 609.3451, and environmental law violations under sections 115.071, 299F.098, and 609.671.
(d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute gross misdemeanor violations of section 152.025.
(a) On or before January 1, 1995, each county attorney shall adopt written guidelines governing the county attorney's charging and plea negotiation policies and practices. The guidelines shall address, but need not be limited to, the following matters:
(1) the circumstances under which plea negotiation agreements are permissible;
(2) the factors that are considered in making charging decisions and formulating plea agreements; and
(3) the extent to which input from other persons concerned with a prosecution, such as victims and law enforcement officers, is considered in formulating plea agreements.
(b) Plea negotiation policies and procedures adopted under this subdivision are public data, as defined in section 13.02.
Notwithstanding section 626.84, subdivision 2, a county attorney, or an assistant county attorney appointed under section 388.10, who lawfully possesses a permit to carry a pistol issued in accordance with section 624.714 may possess and carry a firearm while on duty, unless restricted by the county attorney.
383C.043 VACANCIES.
(a) Whenever a position in the classified service becomes vacant and the appointing authority desires to fill the vacancy, the appointing authority shall submit a requisition to the human resources director. The human resources director shall refer the names of candidates to the appointing authority in the order as follows:
(1) when the position is to be filled promotionally, the name of the person highest on the appropriate reemployment-layoff list. If there are no names on the reemployment-layoff list, then:
(i) the names of the persons on the reemployment list, if any; and
(ii) the names of the persons associated with the three highest scores on the promotional list; or
(2) when the position is to be filled from an open competitive employment list, the name of the person highest on the appropriate reemployment-layoff list. If there are no names on the reemployment-layoff list, then:
(i) the names of the persons on the reemployment list, if any; and
(ii) the names of the persons associated with the 20 highest scores on the open list.
(b) The hiring authority must interview all referred candidates if promotional, or ten candidates if open, unless fewer are available for referral from all applicable lists. When the director determines that there is significant underrepresentation of a protected group with respect to ethnicity or gender in the class, and the highest 20 scores on the open employment list do not include a member of the underrepresented group, the director shall refer the highest-ranking available individual on the list from that protected group.
(c) The appointing authority shall, at its discretion, appoint one of the persons so referred for the probationary period. At the end of the probationary period the appointing authority shall notify the human resources director in writing whether the individual is a satisfactory employee and should receive the status of a permanent employee. Upon such notice, the employee shall be deemed to have a permanent status in the classified service; otherwise the employee is automatically separated from the service.
(d) If there is no appropriate reemployment or employment list, the director may authorize a temporary appointment of a qualified individual pending the establishment of an employment list for the class.
(e) Temporary appointments shall not continue for a period longer than six months unless extended through mutual agreement with the exclusive bargaining unit.
(f) In case of an emergency, an appointment of a qualified individual may be made of not to exceed the full-time equivalent of ten days' duration without regard to the provisions of sections 383C.03 to 383C.056, the appointment shall be immediately reported to the human resources director. Successive emergency appointments shall not be made.
387.06 FAILURE TO PAY OVER MONEY.
If any sheriff or deputy shall fail to settle with and pay over to the county board, according to law, any money collected or received for the use of, or belonging to, the county or shall fail to settle with and pay over to the person entitled thereto any money the sheriff may have collected or received by virtue of any execution, process, judgment, order, or decree, or in any other way by virtue of office, such board or person may proceed against such sheriff or deputy in a summary manner before the district court, by an order to show cause why the sheriff should not pay over such money; and, upon the hearing thereof, the court may order such sheriff or deputy to pay to such board or person the amount found due, with 20 percent thereon as damages for such failure, together with the costs of the proceedings; and, upon failure to comply with such order, such sheriff or deputy may be committed to jail as for a contempt.
385.07 FUNDS, WHERE DEPOSITED OR INVESTED.
(a) All county funds shall be deposited promptly and intact by the county treasurer in the name of the county or invested as provided in section 118A.04. Interest and profits which accrue from such investment shall, when collected, be credited to the general revenue fund of the county.
(b) In addition to the authority for deposit of county funds pursuant to paragraph (a), the county treasurer may deposit county funds in a designated depository in accordance with the following conditions:
(1) The designated depository is authorized by the county treasurer to (i) arrange for the redeposit of the funds into deposit accounts in one or more banks, savings and loan associations, or credit unions that are located in the United States, and (ii) serve as custodian for the county with respect to the funds redeposited into such accounts.
(2) The full amount of the redeposited county funds, plus accrued interest, if any, must be insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. Any entity serving as subcustodian for the designated depository shall have had at least five years of general custodial experience.
386.001 NAME CHANGE.
The name of the register of deeds and office of register of deeds is changed to county recorder and office of county recorder respectively.
384.141 DESTRUCTION OF CERTAIN RECORDS.
The county auditor may destroy local assessment books for sprinkling, oiling, grass and trees, and water for years prior to the year 1936 and thereafter when such records are more than ten years old, on file in the auditor's office, and may also destroy real and personal property assessment books and real and personal property tax duplicate books for years prior to 1926 and thereafter when such records are more than 20 years old.
389.05 PLATS AND FIELD NOTES.
To enable surveyors to conform to the requirements of this chapter, county boards shall procure and file with the county recorders of their respective counties certified copies of the original plats and field notes of the United States surveys.
383D.45 HISTORICAL SOCIETY.
Dakota County, in addition to the authority provided by section 138.051, may provide financial and accounting services, including payroll management and records, to the Dakota County Historical Society. Notwithstanding this section or any other law to the contrary, Dakota County Historical Society employees shall not be deemed county employees for any other purpose.
383C.044 TRANSFER AND DEMOTION OF EMPLOYEES.
The human resources director may at any time authorize the transfer of any permanent qualified employee in the classified service from one position to another position in the same class or grade and may authorize the transfer of any qualified probationary employee from one position to another position within the same class and department. The human resources director may also authorize the voluntary demotion of a permanent qualified employee in the classified service from one position to another position in a lower class or grade. In all cases of transfer or demotion, the person to be transferred or demoted must be determined by the human resources director to meet the qualifications for the position into which they will be transferring or demoting and may, at the discretion of the director, be required to pass a qualifying test. Transfers shall be permitted only with the consent of the human resources director and the department concerned.
383B.118 FEES.
Where the legislature does not by statute establish a charge or the imposition of a fee for the recording, filing, certification, or providing of copies of any instrument, document or other papers, or for the services of any county office, official, department, or employee thereof, or a court system located entirely within any county: the board of county commissioners after a public hearing may establish a system of fees or charges for such services.
When in the discretion of the board of county commissioners, a service is requested of any county office or agent, beyond that which would normally be provided in the ordinary course of business of such office or agent, the board of county commissioners after a public hearing may establish a fee or charge therefor based upon the cost of providing such service.
387.07 NEGLECT OF DUTY.
Any sheriff who shall neglect to make due return of any writ or other process or paper delivered to the sheriff to be executed or be guilty of any misconduct in relation to the execution thereof, may be proceeded against by the party interested in the manner provided in section 387.06, and, in addition to requiring the performance of the duty neglected, or the correction of the injury done, the court may impose upon such sheriff a fine, for the use of the county, not exceeding $200; but nothing herein shall prevent the person injured from maintaining an action for damages against the sheriff or upon the sheriff's official bond.
385.071 ELECTRONIC FUNDS TRANSFER.
Electronic funds transfer is the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments. Notwithstanding any other law to the contrary, a county may make electronic funds transfers for investment purposes and for all county expenditures. The county board shall establish policies and procedures for investment and expenditure transactions via electronic funds transfer.
386.01 BOND.
Every county recorder, before entering upon the duties of office, shall give bond to the state in the penal sum of $5,000, to be approved by the county board, conditioned that the recorder will faithfully and impartially fulfill the duties of office. The bond and an oath of office shall be filed for record with the court administrator of the district court.
383E.25 DANGEROUS DOG REGISTRATION.
Notwithstanding any law to the contrary, home rule or statutory cities in Anoka County are responsible for dangerous dog registration pursuant to section 347.51. The county shall continue to enforce that section for towns in the county.
383D.46 CAMPGROUND OPERATORS.
Notwithstanding section 471.345, Dakota County may by four-fifths vote contract for the services of a campground operator by direct negotiation without advertisement for bids.
388.08 PROHIBITIONS.
No county attorney or assistant county attorney shall receive or accept any fee or reward from, or which is paid or given on behalf of, any one for services rendered or to be rendered in the prosecution or conduct of any official duty or business. No person as an attorney who directly or indirectly advises in relation to, or aids or promotes the defense of, any action or proceeding in any court or prosecution which is carried on by a person as county attorney, with whom such attorney is directly or indirectly connected, or who, having prosecuted any action or proceeding as county attorney, shall afterwards advise in relation to or take any part in the defense thereof; nor shall any attorney be allowed to prosecute or assist such county attorney or assistant in any criminal prosecution or other official action where such attorney is interested in any other action or matter pending or to be commenced in which a recovery depends upon the matter involved in such prosecution or other official action. Any person offending against any provision of this section shall be guilty of a misdemeanor.
383C.045 LAYOFF OF EMPLOYEES.
In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever the authority deems it necessary by reason of shortage of work or funds, or the elimination of a position or other material change in duties or organization. The seniority of employees shall be the factor in determining the order of layoffs. The appointing authority shall give written notice to the human resources director of every proposed layoff a reasonable time before the effective date thereof, and the human resources director shall make such orders relating thereto as the director considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.
387.08 CRIMINAL PROCESS, WHEN FILED.
On or before the last day of the term for which the same was issued, every sheriff or other officer or person who serves a subpoena or other process issued by the court in a criminal action shall file the same, with a statement of fees endorsed thereon, with the court administrator of such court.
410.01 CITIES, CLASSES.
Cities are hereby divided, for legislative purposes, into classes as follows:
First class -- Those having more than 100,000 inhabitants provided that once a city is defined to be of the first class, it shall not be reclassified unless its population decreases by 25 percent from the census figures which last qualified the city for inclusion in the class;
Second class -- Those having more than 20,000 and not more than 100,000 inhabitants;
Third class -- Those having more than 10,000 and not more than 20,000 inhabitants, and
Fourth class -- Those having not more than 10,000 inhabitants.
Changes in classification resulting from any future national census shall take effect upon the filing of certified copies of the census in the office of the secretary of state as provided in section 600.18. Meanwhile the council or other governing body shall take measures for the election of proper officials and for dividing the city into wards, if necessary, and otherwise prepare for the coming change.
383E.26 LIQUOR LICENSING.
The county board of Anoka County may, by resolution, delegate to the town board of towns located within the county, powers possessed by the county to issue nonintoxicating malt liquor licenses under section 340A.403, on-sale intoxicating liquor licenses under section 340A.404, and off-sale intoxicating liquor licenses under section 340A.405, within the unincorporated area of the county; provided that the town board of the respective town consents to the delegation of powers. License fees must be paid to the town and the town board shall assume all powers and duties of the county board in regard to licensing.
390.0065 HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION AND TERM.
Hennepin County shall use the following procedure to select the Hennepin County medical examiner: the Hennepin County Board shall designate three licensed physicians who shall constitute a Medical Examiner Board. One member shall be a dean or professor of the Department of Pathology of a Class A medical school as designated by the American Medical Association. Another member of the board shall be a member of the Minnesota Society of Pathologists. The third member shall be designated by the Hennepin County Medical Association from its membership. The Medical Examiner Board shall accept applications for the position of Hennepin County medical examiner when a vacancy exists in the office. Applications therefore shall be considered from doctors of medicine who are: (1) graduates of a medical school recognized by the American Medical Association or American Osteopathic Association, (2) members in good standing in the medical profession, (3) eligible for appointment to the staff of the Hennepin County Medical Center, and (4) certified or eligible for certification in forensic pathology by the American Board of Pathology. The Medical Examiner Board shall review the qualifications of the applicants and shall rank the applicants deemed qualified for the position and provide to the county board a report of the seven highest ranked applicants together with their qualifications. The county board shall appoint a county medical examiner from those listed in the report. The term of the examiner shall continue for four years from the date of appointment. Reappointment shall be made at least 90 days prior to the expiration of the term. If a vacancy requires a temporary appointment, the board of commissioners shall appoint a medical doctor on the staff of the county medical examiner's office to assume the duties of the medical examiner until an appointment can be made in compliance with the specified selection procedure. Actual and necessary expenses of the Medical Examiner Board shall be paid in accordance with sections 471.38 to 471.415.
389.08 FILING OF SURVEYS IN CERTAIN COUNTIES.
In any county in which there is a county surveyor who maintains an office on a full-time basis in a building maintained by the county for county purposes, the county board may by ordinance adopted in accordance with section 375.51, require that a licensed land surveyor who performs a survey of land for an individual or corporation must file a true and correct copy of the survey in the office of the county surveyor within 30 days after completion of the survey. The county surveyor shall determine the manner of filing, and all incidents thereof. All surveys so filed are public records and must be made available by the county surveyor at all reasonable times for inspection by any person.
385.09 BONDS OF DEPOSITORIES.
Every bank or banker, before being designated as a depository, shall deposit with the county treasurer a bond, to be approved by the county board, in at least double the amount to be deposited, payable to such county, and signed by not less than five resident landowners as sureties; who shall, in the aggregate, qualify for the full penalty named in such bond. Any county in which there is no such bank or banker may be exempt from the foregoing provisions which relate to depositing its funds, if in the judgment of the county board such deposit would be detrimental to its interests. In cases where the bond furnished by the depository is that of a surety company authorized to do business in this state, the amount of such bond need not be more than the amount to be deposited in such depository.
383C.046 CERTIFICATION OF PAYROLLS.
(a) The county auditor/treasurer, the board of county commissioners, and any other officer or employee of the county, shall not approve the payment of, or be in any manner concerned in paying, auditing, or approving any salary, wage or other compensation for services to any person holding a position in the classified service unless there shall first have been filed with the county:
(1) an employment record and supporting documentation;
(2) an approved wage or salary schedule;
(3) a completed time sheet;
(4) a payroll account for such salary, wage or other compensation containing the names of the persons to be paid; and
(5) a statement of the amount to be paid to each employee.
(b) The human resources director shall certify that the employees named in such payroll have been appointed pursuant to the provisions of sections 383C.03 to 383C.056.
(c) Before making any such certification the human resources director may investigate the nature of each item of such payroll account and on ascertaining that the provisions of the law in respect to any such item have not been strictly complied with, the director shall refuse to certify such item pursuant to section 43A.37.
388.09 OTHER ATTORNEY EMPLOYED.
When there is no county attorney, the county board may employ any competent attorney to perform legal services for the county. The board may employ an attorney to assist the county attorney, to appear for the county or any county officer in any action in which the county or officer in an official capacity is a party, to advise the board or its members in relation to the action, or in relation to any other matter affecting the interests of the county. The county may pay the attorney out of the funds of the county.
Except in the counties of Ramsey and Hennepin, the county board with concurrence of the county attorney may enter into agreements with attorneys or firms of attorneys for the prosecution of gross misdemeanors, misdemeanors or petty misdemeanors, without making these attorneys or members of the firms assistant county attorneys or employees of the county where the county attorney has responsibility for the prosecution of these charges. If there is a contract between the county and any city within it which provides that the county attorney shall also prosecute municipal ordinance, municipal rule or regulation, and charter provision violations for that city, an attorney or firm engaged pursuant to this subdivision may also prosecute these violations.
387.09 MAY NOT BUY AT SHERIFF'S SALE.
No sheriff shall become the purchaser either directly or indirectly of any property, real or personal, by the sheriff exposed to sale by virtue of any mortgage, judgment, execution, or other process; and all such purchases made by any sheriff, or any other person for the sheriff, shall be void.
386.02 DELIVERY TO SUCCESSOR.
At the expiration of a term of office, every recorder shall deliver promptly to the successor all books, records, papers, and other property pertaining to office and if, on application of the duly qualified successor, the recorder refuses to do so, the recorder shall forfeit and pay to the use of the county $50 for each and every day of refusal, which may be recovered in an action brought upon the recorder's official bond.
383B.121 ADULT CORRECTIONS FACILITY.
To implement the provisions of Laws 1975, chapter 402, section 1, and Laws 1977, chapter 453, section 4, subdivision 3, the Hennepin County Board of Commissioners is authorized to establish and operate a corrections facility in Hennepin County for the confinement of adult males and females as the district court for the Fourth Judicial District shall order confined there for the service of sentences which alone or in combination with any other sentence requires imprisonment for no longer than 364 days.
The corrections facility provided for in sections 383B.121 to 383B.129 shall be called the Hennepin County Adult Corrections Facility.
The corrections facility shall be located in Hennepin County and shall be maintained and operated upon lands and in buildings, structures, and appurtenances thereto as the county has acquired or shall acquire by transfer from or exchange with any municipality within the county, or by purchase, lease, gift, or by the provisions of section 375.181.
383D.21 RESOLUTION TO CREATE PERSONNEL SYSTEM, APPEALS BOARD.
The Dakota County Board may establish a county personnel administration system by a resolution creating an employee relations department, establishing its effective date and appointing a personnel board of appeals pursuant to section 383D.30.
383E.08 UNDERSHERIFF.
Notwithstanding any provision of sections 387.31 to 387.45, the office of the undersheriff in Anoka County shall be in the unclassified service.
383C.026 LAPSE OF APPROPRIATIONS.
Each appropriation, except an appropriation for a capital expenditure, lapses at the close of the fiscal year to the extent that it has not been expended or encumbered. Amounts in funds unexpended at the end of the fiscal year may be carried over from one fiscal year to the next in accordance with generally accepted accounting principles.
An appropriation for a capital expenditure continues in force until the purpose for which it was made has been accomplished or abandoned. The purpose of a capital expenditure appropriation is abandoned if three years pass without a disbursement from or encumbrance of the appropriation.
384.03 MALFEASANCE; SUSPENSION.
If any county auditor shall fail to make settlement or pay over all money with which the auditor stands charged, at the time and in the manner prescribed by law, or misapplies any money handled in the discharge of official duties, the county board shall commence an action against the auditor and the auditor's sureties, and cause a copy of the complaint in such action to be forthwith furnished to the governor; and, if it alleges any of the acts hereinbefore recited, the governor shall suspend such auditor temporarily, and cite the auditor to appear and show cause why the suspension should not continue during the pendency of the action. At the hearing either party may produce competent evidence by affidavits or otherwise and if there appear to be reasonable grounds to support the complaint, the suspension shall be continued during the pendency of the action; otherwise such auditor shall be restored to office. If restored, the auditor shall not be deprived of salary during the period of suspension and the auditor's reasonable expenses in defending against the charges on the hearing before the governor shall be paid by the county. If, upon the trial of such action, the auditor is adjudged guilty of any neglect of duty or offense charged in the complaint, the office shall be deemed vacant.
383E.12 LAND ACQUISITION.
If the board of county commissioners has established an area or areas as allowed in section 383E.11, it then may acquire the fee interest or less than a fee interest in the lands by gift, purchase, or by condemnation. All condemnation proceedings shall be instituted in the name of the county and conducted in the manner provided by chapter 117.
The county shall at least 60 days prior to acquisition of any property for a park, playground, or scenic area give notice of intention to acquire to the municipality in which the park, playground, or scenic area is located. At the request of the municipality, the county shall make available related studies, reports, data, and other informational and technical assistance as may be available. Within 30 days of such notice, the municipality may review such data and comment to the county in the form of a statement setting forth facts and issues relevant to the acquisition of such park, playground, or scenic area.
383B.112 ANNUAL BUDGET.
The board may utilize any combination of expenditure classifications by fund, organization, program, purpose or activity. The budget shall begin with a general summary of its contents and shall detail all estimated revenues, including the property tax levy, and all estimated expenditures, including debt service for the next fiscal year. The total of estimated expenditures for the next fiscal year shall not exceed the total of estimated revenues and any surplus amounts deemed to be available at the end of the current fiscal year. Amounts in funds unexpended at the end of the fiscal year which are permitted by generally accepted accounting principles to be carried over from one fiscal year to the next may be carried over in accordance with those principles. Unexpended amounts may be restricted by the board to finance contingent obligations which may become payable in subsequent fiscal years. The budget shall include both operating and capital revenues and expenditures as detailed in subdivisions 2 and 3.
The budget shall include information showing operating revenues, expenditures and personnel for the applicable fiscal year.
The budget shall include the capital expenditures proposed for the applicable fiscal year by project and the proposed method and plan of financing of each capital project.
383E.27 BOARDING OF PRISONERS FOR MUNICIPALITIES.
The board of county commissioners of the county of Anoka may allow the incarceration and maintenance of prisoners for any city or township located within the county free of charge, and a determination of whether or not a charge shall be made for the incarceration and maintenance of prisoners within the county jail for cities and townships of said county shall be for the board of county commissioners of the county of Anoka to determine.
410.015 DEFINITIONS RELATING TO CITIES.
The term "statutory city" means any city which has not adopted a home rule charter pursuant to the constitution and laws; the words "home rule charter city" mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the word "city" when used without further description extending the application of the term to home rule charter cities means statutory cities only.
383D.48 MINNESOTA INTER-COUNTY ASSOCIATION.
Notwithstanding any other law to the contrary, Dakota County may provide financial and accounting services, including payroll management and records, to the Minnesota Inter-county Association. Notwithstanding this section, Minnesota Inter-county Association employees are not county employees for any purpose.
390.01 BOND AND INDEMNIFICATION.
The coroner or medical examiner shall be included in the bond held by the county for all appointed and elected county officials and shall be defended and indemnified, pursuant to section 466.07. The oath of office shall be recorded and filed with the county recorder.
383B.119 FINANCIAL STATEMENTS AND AUDITS.
Annually, the board of commissioners shall cause to be prepared a financial report, including financial statements for all of the funds of the county of Hennepin prepared in accordance with generally accepted accounting principles.
MS 1990 [Repealed, 1991 c 345 art 1 s 117]
The board of commissioners shall publish the annual financial statements in accordance with the requirements of section 375.17. The annual audited financial statements shall be made available for public inspection upon request.
387.10 POWERS AFTER EXPIRATION OF TERM.
Every sheriff going out of office by expiration of a term may execute and return all writs, processes, and orders which shall then be on hand, and which the sheriff shall have begun to execute by service, levy, or collection of money thereon. If such sheriff dies, or from any cause is unable to act, the sheriff in office, upon receipt of any such writ, process, or order, together with the return or memorandum of the action, if any, of such late sheriff under the same, shall complete the execution thereof in the same manner and with like effect as if the same had been originally delivered to the successor and the return of such succeeding sheriff upon any such process or order or sheriff's deed given in pursuance of the execution thereof shall be prima facie evidence of the disability of the late sheriff to complete the execution of such process or give such deed.
385.10 PROPOSALS BY BANKS.
All bonds of depositories shall be given for the term of two years from the date of their approval by the county board, and renewed every two years thereafter; but in counties having no depository, the board may advertise for proposals and designate depositories at any time when required by the public interests.