piers109uk/MN-Statutes huggingface dataset:
375.42 EXCEPTIONS.
Sections 375.40 and 375.41 do not apply to any itinerant show, carnival, circus, endurance contest, or exhibition held in connection with an agricultural association fair.
376.55 COUNTY NURSING HOME.
(a) Any county, or any group of counties acting jointly may establish a county nursing home, in sections 376.55 to 376.60 also termed "nursing home," for the care and treatment of chronically ill or convalescent persons or persons who need nursing home care because old age or infirmity makes them unable to properly care for themselves, with the consent of a majority of the county board.
(b) Any county, or group of counties, which owns a nursing home, may establish and operate an attached or related facility for the purpose of providing supportive services to elderly persons who are not yet in need of nursing home care. Supportive services may include congregate housing, adult day care, and respite care services.
A county, or a group of counties acting jointly, may establish a nursing home and a facility for supportive services under sections 376.55 to 376.60, by converting suitable existing county owned buildings, by leasing suitable premises, or by acquiring a suitable site by gift, purchase, or condemnation proceedings instituted in the name of the county or counties and constructing suitable buildings which are equipped, maintained, enlarged or otherwise modified to be the same as a nursing home.
The county board may transfer surplus funds from any fund except the road and bridge, sinking or drainage ditch funds for the purpose of establishing, acquiring, maintaining, enlarging, or adding to a county nursing home. When surplus funds are not available for transfer, a county board may issue bonds to pay the cost of establishing, acquiring, equipping, furnishing, enlarging, or adding to a county nursing home, subject to section 376.56.
A county, or a group of counties, not maintaining a nursing home, may purchase an interest in an existing county nursing home if the county board or boards owning the nursing home decide by majority vote of each county board to admit the county. The county board or boards owning the home shall set the cost for admission to ownership, taking into consideration their investment in the home. Any county admitted under this provision shall have all the rights and privileges provided for in sections 376.55 to 376.60.
Where in sections 376.55 to 376.57 and 376.58 to 376.60 the word "county" is used, it refers to a county acting singly, or as one of a group of counties acting jointly, unless the context clearly indicates otherwise.
Any county board may withdraw its interest in a county nursing home if the county board or boards owning the nursing home decide by majority vote of each county board to allow the withdrawal. The county board or boards owning the home shall set the amount to be paid to the withdrawing county, taking into consideration their investment in the home.
The county board of any county that has not established a nursing home may by resolution authorize a statutory or home rule charter city within the county to exercise the powers of a county under sections 376.55 to 376.60. A city so designated may exercise within its boundaries all the powers of a county under sections 376.55 to 376.60.
376.57 JOINTLY OWNED AND OPERATED NURSING FACILITIES; ESTABLISHMENT.
In establishing a jointly owned and operated county nursing home or facility for supportive services, each of the cooperating counties shall determine by a majority vote of the county board that it is in favor of the establishment of the home or of the facility, the place of its location, and the approximate amount to be spent for the establishment of the proposed nursing home or facility. Each county shall authorize the payment by that county of its proportionate share of the cost of the establishment. The proportion of costs of the establishment, and of costs of maintenance and operation of the nursing home or facility to be paid by each county shall be set by terms agreed upon by each of the participating counties.
376.56 TAX LEVIES AND BONDS.
The county board establishing or participating in establishing a nursing home under section 376.55 may annually levy a tax to pay all or its proportion of the net costs of maintenance and operation of the nursing home after taking into consideration payments received for care of residents. The board may levy an additional tax to repay the cost of acquiring, establishing, equipping, furnishing, enlarging, or adding to a county nursing home, and to pay the principal of and interest on general obligation bonds issued for that purpose.
The proceeds of taxes for costs of maintenance and operation shall be paid into a county nursing home fund, which, in the case of counties operating jointly, shall be kept in the treasury of the county in which the nursing home is located and spent as provided in sections 376.55 to 376.60.
Bonds issued under section 376.55, subdivision 3, may be general obligations of the county and may be issued and sold, and taxes levied for their payment as provided under chapter 475. No election shall be required to authorize the bond issue for acquiring, improving, remodeling, or replacing an existing nursing home without increasing the total number of accommodations for residents in all nursing homes in the county. The revenues of the nursing home shall also be pledged for the payment of the bonds and for any interest and premium. Part of the proceeds may be deposited in the debt service fund for the issue, to capitalize interest and create a reserve to reduce or eliminate the tax otherwise required by section 475.61 to be levied before issuing the bonds. The remaining proceeds from the sale of the bonds and any surplus funds transferred under section 376.55, subdivision 3 must be credited to and deposited in the county nursing home building fund of the county in which the nursing home is located.
The county treasurer of the county in which the nursing home is located shall make payments out of the county nursing home fund and county nursing home building fund on properly authenticated vouchers of the county nursing home administrative board, as provided in sections 376.58 and 376.59. The county treasurer of each county issuing general obligation bonds under subdivision 3 shall pay the bonds and interest from the county's debt service fund and be the custodian of net revenues transmitted by the administrative board for the payment of the bonds.
375.44 MILEAGE, COUNTY HOSPITAL BOARD MEMBERS.
The county board of any county in which a county hospital is located may by resolution authorize the members of any county hospital board who are not members of the county board to receive reimbursement for each mile necessarily traveled in attending meetings in the performance of their duties.
375.45 CHANGE FUNDS, ESTABLISHMENT.
The county board shall establish funds in the county offices and departments as it deems necessary for the purpose of making change only. The change funds shall be established by making an appropriation for them from the proper fund in whatever amounts the county board shall determine. The officer receiving a change fund shall be its custodian and responsible for its safekeeping and use. The change fund shall not be used to make payments of expenses provided for in section 375.16.
375.46 MAY GIVE GENERAL FUND MONEY TO SHERIFF FOR PATROLS.
A county board may appropriate, out of its general fund, money to permit the sheriff to patrol the roads and highways of the county to investigate conditions respecting observances of laws.
Upon request by the county board the sheriff shall provide a patrol of roads and highways as provided in subdivision 1.
376.59 COUNTY BUILDING FUNDS.
When the county nursing home administrative board is satisfied that each county in a cooperating group of counties has available its share of the cost of establishing the nursing home and facility for supportive services, it shall certify this information to the county board of each cooperating county. The county board shall order the county treasurer of that county to pay the treasurer of the county in which the nursing home is to be located the county nursing home building funds in the possession of the county treasurer. The county nursing home administrative board shall then carry out the purposes of sections 376.55 to 376.60.
375.47 EXPENSE ALLOWANCES FOR MEMBERS OF BOARDS AND AGENCIES.
The board of county commissioners of each county may, by resolution, set a reasonable allowance for expenses or a per diem allowance in lieu of expenses and a mileage allowance to be paid the members of boards or agencies authorized by statute, and members of advisory boards or committees, performing duties for all or part of the county, when the board or agency does not itself have power to make expense allowances for its members. The allowances shall be paid from the funds under the administration of the boards or agencies. Members of the board of county commissioners shall not receive any per diem pursuant to this subdivision.
No member of a board, agency, advisory board, or committee shall receive an allowance for expenses, or a per diem allowance in lieu of expenses, or a mileage allowance pursuant to subdivision 1, if in another capacity the member receives from the county under authority of any other statute or resolution either:
(a) an allowance for or per diem allowance in lieu of the same expenses or mileage; or
(b) a fixed amount, whether as part of a salary or otherwise, for expenses of like kind incurred in the performance of duties in the other capacity.
375.52 REVISION AND CODIFICATION.
A county may revise and codify and print in book, pamphlet or newspaper form any general and special laws, ordinances, resolutions and rules in force in the county. The codification shall be a sufficient publication of any ordinance included in it and not previously published in a newspaper if a substantial quantity of the codification is printed for general distribution to the public. The county board may make a reasonable charge for the cost of printing and distribution of ordinances or a codification of ordinances. A copy of any ordinances adopted by the county must be furnished to the county law library or its designated depository. A county, upon request, shall be reimbursed a reasonable charge by the county law library for a copy furnished.
375.55 DISPOSITION OF FINES RECOVERED FOR ORDINANCE VIOLATIONS.
All fines, forfeitures, and penalties recovered for the violation of a county ordinance shall be paid into the county treasury. Every court or officer receiving such money, on or before the tenth day after the last day of the month in which the money is collected, shall make a return of it under oath and be given duplicate receipts for the amounts paid. One of the receipts shall be filed with the county auditor.
375.471 LAND CONSERVATION AND UTILIZATION; FEDERAL AID.
The county boards of the several counties which have been designated as a resource conservation and development project area under United States Code, title 7, section 1011(e) and acts amendatory thereof, may enter into agreements as necessary with the secretary of agriculture of the United States and other agencies of the federal government for the program of land conservation and land utilization authorized by United States Code, title 7, section 1010 and acts amendatory thereof, to accept assistance for the program under United States Code, title 7, section 1011 and acts amendatory thereof, to engage in works of improvement as necessary for the purpose of the acts and to cooperate with the secretary of agriculture and federal agencies so that residents of this state obtain the benefits and advantages available to them and intended by Congress to be available by the acts. The county boards shall comply with the requirements of federal law and any rules and regulations promulgated under it and with appropriate state laws to accomplish the purposes intended by this section. If a proceeding is instituted by petition for an improvement under this section, it may be conducted by a board in the same manner provided for the establishment of a drainage system under chapter 103E. A majority of the landowners as defined in section 103E.212, subdivision 2, shall be required for a valid petition. They may also proceed under authority provided by other law.
375.48 MAY APPOINT COUNTY COORDINATOR TO SERVE AT ITS PLEASURE.
Notwithstanding sections 375A.01 and 375A.12, a county board may employ a county coordinator upon terms it considers advisable. It may assign whatever title to the county coordinator that it decides is appropriate. It may appropriate funds and provide suitable office space for the office. The county board shall set the salary of the county coordinator. The coordinator shall be chosen solely on the basis of training, experience and administrative qualifications and need not be a resident of the county at the time of appointment. The county coordinator serves at the pleasure of the board and employment may be terminated by the board without notice. The board may provide for a termination allowance.
The county board may appoint as county coordinator any county officer or employee except a county commissioner during the term for which the commissioner was elected. If a county officer or employee is appointed county coordinator, the board may provide that the duties of county coordinator are in addition to the duties as an officer or employee.
This section does not apply to Hennepin County.
376.60 ADMINISTRATIVE BOARD OR EXECUTIVE COMMITTEE; POWERS.
The county nursing home administrative board or its executive committee may:
(1) hire an administrator and all necessary employees for the management and control of the nursing home and to prescribe their compensation and duties;
(2) arrange for physicians' services and other medical care for the residents in the home;
(3) purchase equipment, supplies and services necessary in the care and maintenance of the nursing home and the residents;
(4) exercise the county powers authorized under section 376.55, subdivision 2;
(5) institute condemnation proceedings in the name of the county or counties involved, conducted in the manner provided under chapter 117, in the case of other condemnation proceedings by counties; and
(6) perform all other acts necessary to carry out the provisions of sections 376.55 to 376.60, except those with which the county board or boards are specifically charged, unless otherwise provided by law.
375.50 MAY RESCIND COUNTY COORDINATOR RESOLUTION.
The board at any time may rescind the resolution establishing the office of county coordinator. Any duties and responsibilities previously assigned to the county coordinator, upon adoption of the rescinding resolution, shall be vested in the officer or department which had responsibility for the function before the transfer of the function to the county coordinator.
This section does not apply to Hennepin County.
375.53 VIOLATIONS OF ORDINANCES, PENALTIES.
The county board may declare that the violation of any ordinance shall be a penal offense and prescribe penalties for a violation. The penalties shall not exceed those permitted for conviction of a misdemeanor as defined by law.
375.49 COUNTY COORDINATOR DUTIES; CONSIDERED DEPARTMENT HEAD.
(a) The county board shall prescribe the duties of the county coordinator.
(b) Insofar as required by the county board, the county coordinator is responsible to the board for the proper administration and management of any assigned duty and for these purposes is considered the head of a department.
(a) The county coordinator may be assigned any of the following duties and responsibilities:
(1) to manage any or all of the affairs of the county which the county board has authority to control;
(2) to examine regularly the books, papers and accounts of each department, office, and agency of the county under the control of the county board and to report to the board the condition in which the county coordinator finds them and other information as the board directs;
(3) to submit to the board recommendations concerning the affairs of the county, its future financial needs, and its offices, departments and agencies as the county coordinator considers proper;
(4) to see that all orders, resolutions and regulations of the county board are faithfully executed;
(5) to initiate and present a proposed annual budget to the county board for its review and consideration; and
(6) to serve as clerk of the county board.
(b) When a resolution is adopted directing the county coordinator to assume the responsibilities of clerk of the board, the county auditor shall no longer be held responsible for the duties as clerk to the board imposed by section 384.09.
This section does not apply to Hennepin County.
375.54 PROSECUTIONS UNDER ORDINANCE.
All prosecutions for violation of county ordinances shall be brought by the county attorney in the name of the county upon complaint and warrant as in other criminal cases.
375.552 DEFINITIONS.
For the purposes of sections 375.551 to 375.555, the following terms have the meanings given them.
"Employment program" means a program offering job training programs or jobs through public works projects to economically disadvantaged, unemployed residents of a county.
"Economically disadvantaged, unemployed resident" means a person (a) who is not eligible for or who refuses to accept financial assistance pursuant to chapter 256, 256B, 256D, or 268; (b) whose income or household income is at or below 25 percent of the statewide median household income as determined by the 1980 federal census; (c) who is a bona fide resident of the county; and (d) who is unemployed.
"Wage" means the basic minimum wage pursuant to section 177.24.
"Chronic high unemployment" means an unemployment rate, as defined by the Department of Employment and Economic Development, in a county or portion of a county that exceeds the national unemployment rate for four consecutive months in the 12-month period immediately preceding September 1.
375.551 COUNTY EMERGENCY JOBS PROGRAM.
A county board of a county experiencing chronic high unemployment may establish an emergency employment program to meet the needs of its economically disadvantaged, unemployed residents.
375.553 COUNTY EMERGENCY EMPLOYMENT PROGRAM.
The funds authorized in section 375.555 shall be expended by the county for job training programs or for jobs through public works projects submitted to the county by its departments and agencies and those of cities, towns, school districts, state and federal agencies, park reserve districts, and other special districts, including metropolitan agencies that are located totally or partially within the county. The funds shall be expended only for training programs or public works projects located within the county. The projects shall be beneficial to the submitting local unit and may include permanent improvements or maintenance of public property, residential weatherization programs, landscaping of public grounds or parks, planting or trimming trees, improving open space areas, playgrounds, and recreational facilities owned or operated by the sponsoring unit of government, and reclamation and reforestation. The sponsoring unit of government shall provide the administration, supervision, supplies, and materials for its training program or public works project. All funds available through the authority granted in section 375.555 shall be expended for wages and benefits for program participants except that up to two percent of the total amount shall be available to reimburse the county for its actual cost of administering the program.
375.555 FUNDING.
To implement the county emergency jobs program, the county board may expend an amount equal to what would be generated by a levy of 0.01209 percent of estimated market value. The money to be expended may be from any available funds not otherwise earmarked.
375.56 CREATE DEPARTMENT; APPOINT APPEALS BOARD TO ESTABLISH.
A county board may establish a county personnel administration system by adopting a resolution creating a personnel department, establishing an effective date and appointing a personnel appeals board pursuant to section 375.65.
375.57 DEFINITIONS.
For the purpose of sections 375.56 to 375.71, unless the context clearly indicates that a different meaning is intended, the terms defined in this section have the following meanings.
"Appointing authority" means the official, employee, board, or commission, or the person or group of persons empowered by statute, ordinance or resolution to make an appointment to positions as county employees within the scope of sections 375.56 to 375.69.
"Director" means the director of the department of personnel.
"Personnel department" means the personnel director and the employees engaged in the administration of the personnel department.
"Board of appeals" means the personnel board of appeals established pursuant to section 375.65.
375.59 PERSONNEL DIRECTOR APPOINTMENT.
A county board which has adopted the resolution authorized in section 375.56 shall promptly appoint a personnel director or assign the function of personnel director to an existing officer or employee. In a county which is operating under an optional form pursuant to sections 375A.01 to 375A.13, the authority to appoint the personnel director shall be the same as for the appointment of other department heads. The terms and conditions of employment of the person appointed as director or assigned the function of director shall be established by the county board.
375.58 JURISDICTION.
The jurisdiction of a county personnel department created pursuant to section 375.56 shall include every county level public employment position for which the appointing authority is the county board, the local social services agency, the county human services board, an elected county official, an appointed county department head, or a commission or board appointed by the county board, except the positions excluded under subdivisions 2 and 3.
The following positions are excluded from the jurisdiction of the county personnel department:
(a) elected positions;
(b) positions for which a county or district court judge is the appointing authority;
(c) positions designated as department heads appointed by the county board;
(d) positions designated as department heads appointed by boards or commissions appointed by the county board;
(e) one position designated by each elected department head as a chief or principal assistant;
(f) one position designated by each elected department head as a personal secretary.
At the option of the county board, the following positions may be excluded from the jurisdiction of the county personnel department:
(a) any positions subject to merit systems established pursuant to sections 12.22, subdivision 3, 256.012, and 387.31 to 387.45;
(b) positions designated as temporary or seasonal;
(c) positions held by special deputies and volunteers serving without pay;
(d) positions held by students in training.
375.60 DUTIES AND POWERS OF DIRECTOR.
The personnel director shall prepare personnel rules, which shall be effective upon approval by the county board, to carry out sections 375.56 to 375.71. The rules shall provide, among other things, for:
(a) Preparation of a classification plan and classification of positions within the jurisdiction of the department in accordance with the plan.
(b) Creation and maintenance of lists of eligibles. No name shall remain on an eligible list for more than two years.
(c) Certification of names to the appointing authority from the eligible list for appointment, promotion, or reemployment.
(d) Establishment of procedures for the recruitment, selection and advancement of personnel on the basis of relative ability, knowledge and skills.
(e) Establishment of procedures assuring nondiscriminatory and fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed.
(f) Establishment of procedures for suspension or termination or other disciplinary action, including procedures for appeal of actions by appointing authorities with respect to suspension or termination or other disciplinary action.
The director shall administer the personnel department. In addition to the duties imposed elsewhere in sections 375.56 to 375.71, the director shall:
(a) Appoint, supervise and direct the work of the employees of the personnel department.
(b) Schedule and conduct hearings as required by rules adopted pursuant to sections 375.56 to 375.71 or at the direction of the county board.
(c) Provide for, formulate and hold competitive examinations as required by rule to determine the qualifications of persons seeking employment in positions within the jurisdiction of the department.
(d) Make investigations concerning the administration and effect of rules made pursuant to sections 375.56 to 375.71 and report the findings and recommendations to the county board.
(e) Establish programs for training and continuing education of employees as deemed appropriate by the county board to improve the quality of service of employees holding positions within the jurisdiction of the department.
(f) Prepare a compensation plan and recommend a schedule of salary or wage rates for positions within the jurisdiction of the personnel department for adoption by the county board.
375.61 PAYROLLS APPROVED BY DIRECTOR.
No disbursing officer shall pay a salary or compensation for service to a person holding a position within the jurisdiction of a personnel department established pursuant to sections 375.56 to 375.71 unless the payroll or account for the salary or compensation is certified by the personnel director or an authorized employee that the persons paid or compensated have been appointed in accordance with sections 375.56 to 375.71 and rules adopted pursuant to sections 375.56 to 375.71. The director shall not certify a payroll item for a person holding a position within the jurisdiction of the department unless the person has been appointed and employed in accordance with sections 375.56 to 375.71 and rules adopted pursuant to sections 375.56 to 375.71.
375.64 COLLECTIVE BARGAINING RELATIONSHIPS.
For purposes of negotiating collective bargaining agreements and resolving grievances involving them pursuant to sections 179A.01 to 179A.25, the appointing authority and the county board shall be deemed the joint employer for positions within the jurisdiction of a personnel department established pursuant to sections 375.56 to 375.71. Both shall be signatories to negotiated agreements or grievance settlements. In the event of disagreement between the county board and the appropriate appointing authority as to the final terms of a negotiated agreement or grievance settlement, the decision of the county board shall be final and binding on behalf of the county as employer for all employees of the county, including employees under the jurisdiction of an appointing authority other than the county board.
Any employee holding a position covered by sections 375.56 to 375.71 shall, upon the effective date of the establishment of a county personnel administration system, retain the position without further examination and suffer no loss in wages, seniority or benefits as the result of the implementation of sections 375.56 to 375.71.
375.62 CIVIL SERVICE AND MERIT SYSTEM RELATIONSHIPS.
Unless a county board has elected to exclude any or all positions otherwise subject to merit systems established pursuant to sections 12.22, subdivision 3, 256.012, and 387.31 to 387.45, from the jurisdiction of the personnel department, the provisions of sections 12.22, subdivision 3, 256.012, and 387.31 to 387.45 and any rules promulgated pursuant to those sections shall be superseded insofar as they are inconsistent with sections 375.66 to 375.71, but no positions subject to merit systems established pursuant to sections 12.22, subdivision 3, and 256.012, shall be removed from existing merit system coverage and placed under a personnel department established pursuant to sections 375.56 to 375.71, until that personnel department is certified in accordance with the United States Office of Personnel Management's standards for a merit system of personnel administration. Nothing in section 387.43, shall be construed to prohibit the inclusion of sheriff's department personnel in a personnel system established pursuant to sections 375.56 to 375.69.
375.63 VETERANS TO BE GIVEN PREFERENCE.
Nothing in sections 375.56 to 375.71 shall be construed to remove, limit, or extend the rights and preferences of veterans as established by sections 197.455 and 197.46, except that the county board may enact rules relative to retirement age which shall apply to veterans on the same basis as they apply to other persons.
375.65 PERSONNEL BOARD OF APPEALS.
The county board shall appoint three persons to serve staggered terms as members of a personnel board of appeals. After the first appointments, successors shall serve for terms of three years each. Expiration dates for expiring terms shall be fixed by the county board and vacancies shall be filled by a majority vote of the county board for the unexpired term. Persons appointed to the personnel board of appeals shall not serve while holding any county office or while standing as a candidate for any county office, or while employed by the county. Each member shall be a resident of the county and shall forfeit office on becoming a nonresident.
Compensation for members of the personnel board of appeals shall be set by the county board and each member shall be paid actual and necessary expenses.
The personnel board of appeals shall organize by electing a chair and vice-chair and shall develop rules of procedure for matters brought before it under sections 375.56 to 375.71 and rules promulgated pursuant to sections 375.56 to 375.71.
375.66 DUTIES OF BOARD OF APPEALS.
The personnel board of appeals shall meet upon call of its chair or the personnel director to make findings and report to the county board within 30 days of the filing of an appeal by an applicant, employee, or appointing authority in the following circumstances:
(a) Alleged arbitrary or capricious action on the part of the county board with respect to final establishment of rules under sections 375.56 to 375.71.
(b) Alleged discrimination by the personnel director or the director's employees in examination procedures or preparation of lists of eligible candidates, or discriminatory use of them by the appointing authority under sections 375.56 to 375.71 or rules promulgated under them.
(c) Alleged misinterpretation or evasion by the personnel director or the county board of provisions of sections 375.56 to 375.71 or the rules promulgated under them in a manner seriously detrimental to the party bringing the appeal.
(d) Other matters of grievance as provided for in rules promulgated under sections 375.56 to 375.71.
The personnel board of appeals shall establish procedures setting forth the methods and timetable for appeals to the board.
Findings and reports of the personnel board of appeals shall be submitted to the county board for consideration and action as deemed appropriate by the county board, but, to the extent required for employees of departments and agencies paid in full or in part by federal funds, the findings of the personnel board of appeals shall be final and binding if necessary to conform to a federal or state regulation affecting the department or position.
375.554 PROGRAM RULES.
The county board shall establish rules governing the operation of the employment program. Rules shall include but not be limited to number of hours worked, benefits, and methods and terms of payment.
375.68 ABOLITION OF SYSTEM.
A personnel administration system established pursuant to sections 375.56 to 375.69 may be abolished at any time by resolution of the county board adopted by a majority of all its members. Upon adoption of the resolution, the personnel department shall cease to exist and the status of all departments, commissions, and employees shall be the same as if no personnel administration system had been established.
375.67 JUDICIAL REVIEW.
The employee or the appointing authority may appeal from an order of the board of appeals in accordance with chapter 14.
MS 1982 [Repealed, 1983 c 247 s 219]
MS 1982 [Repealed, 1983 c 247 s 219]
375.69 APPROPRIATION BY COUNTY BOARD.
The county board may make appropriations as necessary to carry out sections 375.56 to 375.71.
375.71 PROTECTION OF RIGHTS UNDER STATE AND FEDERAL LAWS.
Nothing in sections 375.56 to 375.69 shall be construed to permit or encourage any action or conduct prohibited by the Minnesota Human Rights Act or prohibit recourse to any remedies provided in the Minnesota Human Rights Act or any other state or federal law relating to equal employment opportunities, and the provisions of these acts shall continue to apply to county employment generally, including positions excluded from the jurisdiction of the county personnel administration system.
Nothing in sections 375.56 to 375.69 shall be construed to affect the rights and obligations of employees and employers under sections 179A.01 to 179A.25, or to in any way supersede provisions regarding public employment relationships under the Public Employment Labor Relations Act of 1971, or the provisions of any contracts or agreements executed pursuant to it.
375.70 FEDERAL AID FOR MANPOWER SERVICES.
A county may receive financial assistance from agencies of the United States, and plan for, and carry out comprehensive manpower services as provided for in the Emergency Employment Act of 1971, as amended, and the Comprehensive Employment and Training Act of 1973, as amended.
375.72 COUNTY PURCHASING DEPARTMENT.
In order to create economies through volume buying, to promote competitive bidding, and to provide more efficient public service, the county board of any county may establish a county purchasing department. The county board may direct an existing county office, department or agency to perform the duties of the county purchasing department or may create a new department or agency for that purpose.
375.74 DIRECTOR OF PURCHASING; EMPLOYEES.
The county board shall appoint a director of purchasing to direct the operations of the county purchasing department. The director of purchasing shall be qualified by training and experience for the position. The board may appoint an existing county officer to serve as director of purchasing. The board shall fix the salary of the director and require the director to post a bond as the board determines necessary. The board shall provide the director with assistants, office space, equipment, and supplies necessary to carry out the duties of the office. Except for the director, who may be removed from that office by the board for reasons of misconduct or incompetency after due notice and hearing, all employees of the county purchasing department shall be employed in accordance with civil service regulations existing in the county, if any regulations exist.
375.73 DUTIES OF PURCHASING DEPARTMENT.
The county purchasing department shall perform all acts necessary to purchase or contract for all supplies, materials, equipment, and contractual services required by any or all county offices, departments or agencies. The county board shall select the county offices, departments or agencies to be serviced by the county purchasing department. The board may authorize any county office, department or agency designated by the board to purchase directly, without the intervention of the director of purchasing, certain specified supplies, materials, equipment, or contractual services, and shall designate the manner in which the purchases shall be made.
The county purchasing department also shall perform the following duties:
(1) prepare all specifications for supplies, materials and equipment;
(2) transfer to or between county offices, departments or agencies, or sell supplies, materials, and equipment which is surplus, obsolete, or unused.
375.75 RULES AND REGULATIONS.
The county board shall adopt rules and regulations as necessary to carry out sections 375.72 to 375.76 and file them with the county auditor. The board may authorize any county office, department or agency designated by it to purchase supplies, materials, equipment or contractual services in the open market for immediate delivery in emergencies. It shall define emergencies and designate the manner in which these purchases shall be made and reported to the director of purchasing.
375.76 VOIDABLE PURCHASES, CONTRACTS, AND SALES.
The purchase or contract for any supplies, material, equipment, or contractual service by any county office, department or agency, or the sale of surplus, obsolete, or unusable supplies, material, or equipment by any county office, department or agency contrary to sections 375.72 to 375.76 is voidable. The head of the office, department or agency is personally liable for the cost of such an order or contract and for the reasonable value of supplies, material, or equipment sold. If an order or contract has been paid for out of county funds, the amount may be recovered in the name of the county in an action brought for that purpose. Property sold contrary to sections 375.72 to 375.76, or the reasonable value of the property, may be recovered in the name of the county in a similar manner.
375.77 LAWS NOT AFFECTED.
Sections 375.72 to 375.76 are not intended to modify, amend, or repeal any law relating to counties in regard to bidding or any law existing at the time of passage of sections 375.72 to 375.76 which authorize the establishment or creation of a county purchasing agent or department, or a combined city and county joint purchasing arrangement.
367.02 WHEN BOARD IS TO ACCEPT RESIGNATIONS, NOTIFY CLERK.
(a) The town board, for sufficient cause shown to it, shall accept the resignation of any town officer.
(b) The board shall promptly give notice of the resignation to the town clerk.
375.78 AID TO POULTRY ASSOCIATIONS.
A county board may make an annual appropriation of not more than $500 from the county treasury to aid any poultry association organized and existing in the county; provided, the poultry association holds at least one annual poultry exhibit and pays premiums at the exhibit in at least the amount of the appropriation.
375.79 EXHIBITS AT STATE FAIR.
A county board, for the purpose of assisting to maintain an exhibit of the products of the county at the Minnesota State Fair, may appropriate out of the general revenue fund of the county, not more than $1,000, not including money received by the county as premiums or prizes at the state fair for that year.
All money derived from premiums or prizes for the county exhibit at the State Fair shall be paid into the treasury of the county.
375.80 APPOINTMENT OF PERSON TO SUPERVISE.
A county board appropriating money as provided in section 375.79 shall, at the same meeting, or some subsequent meeting, appoint a county resident to supervise and have full charge of the exhibit and of the disbursement of the appropriation. The county board shall set the compensation for the position at the same meeting at which the person is appointed. Compensation shall be paid out of the appropriation made for the exhibit.
367.033 MAY BE ON BOTH TOWN AND SCHOOL BOARD EXCEPT IF URBAN TOWN.
(a) Notwithstanding any other law to the contrary, a person may serve on both a school board, however organized, and a town board of supervisors concurrently.
(b) This section does not apply to members of the town board of a town exercising the powers of a statutory city under section 368.01, or a special law.
375.81 APPROPRIATION; BOND.
The appropriation shall be paid on the county auditor's warrant to the person in charge of the exhibit after filing a bond with the auditor in double the amount of the appropriation, on the condition that the appropriation is properly disbursed for the purpose intended, and that a true account is made to the county board as provided in section 375.82. The auditor shall approve the bond.
367.05 COMPENSATION; TOWN OFFICERS AND EMPLOYEES.
The town board shall set the compensation of supervisors, town assessors, the treasurer, clerk, deputy clerk, if one is employed, deputy treasurer, if one is employed, and other employees of the town. In addition, supervisors, assessors, treasurers, clerks, deputy clerks, deputy treasurers, and other employees of the town shall be entitled to mileage for the use of their own automobile at a rate to be determined by the town board for necessary travel on official town business. The town board may fix the hours of employment for town employees, and reimburse a town assessor for expenses.
367.01 DELIVERY TO SUCCESSOR.
Every town officer shall, immediately after qualifying, demand from the officer's predecessor or other person having control or possession of them, all books, records, and other property belonging to the office. Every person having control or possession of any of them shall, upon the demand, deliver them to the officer.
375.82 STATEMENT TO BOARD.
The person in charge of the exhibit shall give a detailed statement to the county board of all the person's expenditures made to maintain the exhibit. The statement shall be given before November 2 of the year in which the exhibit is made. If the statement shows that any part of the appropriation is not spent, the balance shall be paid into the treasury of the county. When the county board approves the report, the person shall be relieved and discharged from all liability under the bond provided for in section 375.81.
375.84 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.
A county may make advance deposits or payments for software development or maintenance services for county-owned or leased electronic data processing equipment and for newspaper, magazine, and other subscription fees customarily paid for in advance, and may allow advance deposits by any department or agency of the county with the Library of Congress and federal Supervisor of Documents for items to be purchased from these federal agencies.
375.83 ECONOMIC AND AGRICULTURAL DEVELOPMENT.
A county board may appropriate money out of the general revenue fund of the county to be paid to any incorporated development society or organization of this state which, in the board's opinion, will use the money for the best interests of the county in promoting, advertising, improving, or developing the economic and agricultural resources of the county.
367.10 TOWN CLERK; BOND; OATH.
Every town clerk, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the town board, conditioned for the faithful discharge of the duties of clerk. The bond shall be filed with the county auditor.
367.12 DEPUTY CLERK.
Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible, and who, in the clerk's absence or disability, shall perform the clerk's duties. If a town clerk has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating to receiving candidate filings when the clerk is absent.
367.11 CLERK'S DUTIES.
It shall be the duty of the town clerk:
(1) to act as clerk of the town board and keep in the clerk's office a true record of all of its proceedings;
(2) unless otherwise provided by law, to have custody of the records, books, and papers of the town and file and safely keep all papers required by law to be filed in the clerk's office;
(3) to record minutes of the proceedings of every town meeting in the book of town records and enter in them at length every order or direction and all rules and regulations made by the town meeting;
(4) to file and preserve all accounts audited by the town board or allowed at a town meeting and enter a statement of them in the book of records;
(5) to record every request for a special vote or special town meeting and properly post the requisite notices of them;
(6) to post, as required by law, fair copies of all bylaws made by the town, and make a signed entry in the town records, of the time when and the places where they were posted and record in full all ordinances passed by the town board in an ordinance book;
(7) to furnish to the annual meeting of the town board of audit every statement from the county treasurer of money paid to the town treasurer, and all other information about fiscal affairs of the town in the clerk's possession, and all accounts, claims, and demands against the town filed with the clerk; and
(8) to perform any other duties required by law.
367.13 LOCATION OF OFFICE.
The clerk of a town may hold office in a statutory city the territory of which was, before incorporation, a part of the town.
375.87 RADIO SYSTEMS FOR PUBLIC SAFETY COMMUNICATIONS.
A county may establish and rent, lease, construct, equip, and maintain a radio broadcasting station or stations, with land-fixed repeater stations and other necessary communication equipment, to be used for public safety communications. It may acquire land, towers, or equipment by gift, purchase, lease, exchange, condemnation, or other means for use as a site for public safety communications equipment. Public safety communications sites may be acquired by lease for a period of up to 25 years in duration. Public safety communications may include police, fire, highway maintenance, emergency medical service, local government, forestry conservation, and other communications as determined by the county board.
Use of county-owned radio towers, building rooftops, lands, and easements may be made available to commercial wireless service providers or other users for the purpose of installing antennas and equipment. The county may charge site use fees for the value of the real property or structure made available and for public safety communications systems costs. In lieu of a site use fee, the county may make agreements with commercial wireless service providers or other tower owners to place county equipment on privately owned towers and may accept improvements such as tower reinforcement, reconstruction, site development, or other site improvements to the county's communications system facilities or real or personal property. Antenna site use agreements and leases may be entered into by any means available and in the manner determined by the county board, with or without advertisement for bids.
375.86 APPLICATION OF OTHER LAW.
County software product programming source code, object code, and all material relating to product or system development and distribution is "trade secret information" for purposes of classification under section 13.37, subdivision 2.
375.85 COUNTIES MAY MARKET SOFTWARE PRODUCTS.
Notwithstanding any other law to the contrary, a county or group of counties acting jointly under section 471.59 may sell or license self-developed or vendor custom-developed computer software products or systems either on competitive bids or in the open market, in the discretion of the county or joint powers board. Prices for the software products or systems may be based on market considerations. A county or group of counties may make agreements with private persons or entities to assist with marketing software products or systems.
367.32 APPLICABLE LAW; SAME RIGHTS, LIABILITIES, PROCEEDINGS.
All laws applicable to a town before adoption of an option and consistent with the option shall govern the town after adoption of an option.
Any ordinance or resolution in effect at the time of adoption of an option shall continue in effect until amended or repealed, notwithstanding the adoption of the option.
No valid and legally subsisting right or liability and no judicial proceeding shall be affected by a change in the form of town government unless otherwise provided.