reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.06 — Failure To Pay Over Money.

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.
History:
(909) RL s 551; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.07 — Neglect Of Duty.

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.
History:
(910) RL s 552; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.08 — Criminal Process, When Filed.

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.
History:
(911) RL s 553; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.09 — May Not Buy At Sheriff's Sale.

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.
History:
(912) RL s 554; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.10 — Powers After Expiration Of Term.

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.
History:
(913) RL s 555; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.11 — County Jail.

387.11 COUNTY JAIL.
The sheriff shall have the charge and custody of the county jail and receive and safely keep therein all persons lawfully committed thereto and not release any person therefrom unless discharged by due course of law.
History:
(914) RL s 556
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.12 — May Convey Prisoners.

387.12 MAY CONVEY PRISONERS.
The sheriff or other officer who legally arrests a person in any county may pass through any other county by the sheriff deemed necessary to convey such person to the place commanded by the process under which the arrest was made.
History:
(915) RL s 557; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.13 — Prohibitions.

387.13 PROHIBITIONS.
No sheriff or deputy sheriff shall appear or practice as an attorney, solicitor, or counselor at law in any court, or draw or fill up any process, pleading, or paper for any party in any action or proceeding, nor, with intent to be employed in the collection of any demand or the service of any process, advise or counsel any person to commence an action or proceeding. This prohibition does not apply to a deputy sheriff who is acting with the approval of the appointing sheriff and whose law enforcement duties do not have a material nexus with potential legal proceedings for which the deputy sheriff counsels clients. A sheriff is not eligible to hold other elective office. A sheriff or deputy sheriff violating this section is guilty of a petty misdemeanor.
History:
(916) RL s 558; 1973 c 123 art 5 s 7; 1981 c 163 s 2; 2009 c 118 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.14 — Deputies.

387.14 DEPUTIES.
The county board shall determine the number of permanent full time deputies and other employees and fix the compensation for each position. The county board shall also budget for special deputies, jailers, matrons, bailiffs and other temporary employees and shall fix their rates of compensation. The sheriff shall appoint in writing the deputies and other employees, for whose acts the sheriff shall be responsible and whom the sheriff may remove at pleasure. Before entering upon official duties, the oath and appointment of each shall be filed with the county recorder.
History:
(917) RL s 559; 1969 c 1151 s 1; 1976 c 181 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.145 — Chief Deputy; Appointment.

387.145 CHIEF DEPUTY; APPOINTMENT.
Notwithstanding the provision of any law to the contrary, the sheriff of any county may appoint a chief deputy or first assistant with the approval of the county board.
History:
1980 c 519 s 4; 1989 c 254 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.15 — Temporary Jury Bailiffs.

387.15 TEMPORARY JURY BAILIFFS.
If the sex of any juror is different from the sex of all available jury bailiffs, the presiding judge of any district court at any time before the return of a verdict by a petit jury serving upon a case pending therein, by order issued to the sheriff and entered upon the minutes of the court, may direct the sheriff to appoint a person of the juror's sex who is a legal voter of the county as special deputy sheriff or bailiff to serve until the discharge of such jury from further service upon the pending case. The appointment shall forthwith be made and entered upon the minutes of the court and before entering upon the performance of duties, the person so appointed shall take and subscribe the oath by law required of deputy sheriffs and file the same with the court administrator.
History:
(918) 1921 c 369 s 1; 1Sp1986 c 3 art 1 s 82; 1987 c 49 s 11
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.16 — Charge Of Petit Juries.

387.16 CHARGE OF PETIT JURIES.
Upon taking the oath by law required by officers in charge of petit juries the person so appointed may be directed by the court to have charge of such jury conjointly with a deputy sheriff or bailiff of the other sex performing such duty. Special deputy sheriffs and bailiffs so appointed shall in all things perform the duties and be subject to the penalties by law prescribed for other officers having charge of petit juries.
History:
(919) 1921 c 369 s 2; 1987 c 49 s 12
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.211 — Uniform And Equipment Allowance.

387.211 UNIFORM AND EQUIPMENT ALLOWANCE.
An allowance for the purchase and maintenance of uniforms and equipment for sheriffs and full time deputy sheriffs may be allowed in each county in such amounts and at such times as the board of county commissioners may set.
History:
1959 c 414 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.212 — Contingent Fund To Advance And Reimburse Expenses.

387.212 CONTINGENT FUND TO ADVANCE AND REIMBURSE EXPENSES.
The board of county commissioners in any county may create a sheriff's contingent fund and may credit thereto not more than $10,000. The money in such fund may be used for the advancement and reimbursement of expenses of the sheriff and the sheriff's office. Such money shall be disbursed by the county treasurer in accordance with rules and regulations prescribed by the board. Any balance remaining at the end of the year shall be transferred to the revenue fund.
History:
1967 c 197 s 1; 1985 c 82 s 1; 1986 c 444; 1988 c 665 s 4; 1988 c 719 art 19 s 21
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.213 — Contingent Fund For Drug, Alcohol, Dwi Investigations.

387.213 CONTINGENT FUND FOR DRUG, ALCOHOL, DWI INVESTIGATIONS.
A sheriff's contingent fund is created in each county to be kept by the county treasurer as all other county funds. One-fourth of all money paid into the county treasury on account of fines imposed for violation of the provisions of chapter 152 or 340A shall be credited to this contingent fund. The sheriff may expend money from this fund for the purpose of investigating and securing evidence of violations of chapters 152, 340A, and the DWI-related provisions of chapter 169A. Money may be withdrawn from the fund by the sheriff upon the order of the district court after application. At the close of the fiscal year any money in the fund in excess of $5,000 shall be transferred into the general fund.
History:
1986 c 435 s 4; 1999 c 49 s 1; 2000 c 478 art 2 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.22 — Court Must Fix Pay For Extra Riot Deputies.

387.22 COURT MUST FIX PAY FOR EXTRA RIOT DEPUTIES.
When there is any riot or impending violation of law and the sheriff shall be of opinion that other than the regular deputies are required the sheriff shall apply to the judge of the district court to determine upon and fix the compensation of such special deputies as the sheriff may name and appoint and such special deputies so named and appointed and the compensation of whom is fixed by the judge shall have all the powers assigned by the sheriff in such appointment. The appointment by the sheriffs and the fixing of their compensation shall be immediately certified by the sheriff to the court administrator of the district court of the county and such certificate filed by such court administrator and such special deputies shall be paid in the same manner as deputies in attendance upon terms of court.
History:
(920-5) 1917 c 312 s 5; 1969 c 1151 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.25 — Settlements With County Board.

387.25 SETTLEMENTS WITH COUNTY BOARD.
The sheriff shall settle with and pay over to the county board at its regular sessions and as often as required all money collected or received for the use of or belonging to the county.
History:
(921) RL s 560; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.29 — Motor Vehicle.

387.29 MOTOR VEHICLE.
Subdivision 1.
[Repealed, 1973 c 661 s 4]
Subd. 2.
Motor vehicles furnished.
The board of county commissioners, by resolution, may furnish to the sheriff of the county such necessary motor vehicles and supplies therefor as are needed to carry out the duties of office.
Subd. 3.
[Repealed, 1973 c 661 s 4]
History:
1947 c 88 s 1; 1949 c 499 s 1; 1961 c 194 s 1; 1971 c 29 s 1; 1973 c 661 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.31 — County Civil Service Personnel System.

387.31 COUNTY CIVIL SERVICE PERSONNEL SYSTEM.
In any county of this state, a civil service personnel system may be established in the sheriff's department.
History:
1957 c 325 s 1; 1969 c 1099 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.32 — Resolution To Establish System.

387.32 RESOLUTION TO ESTABLISH SYSTEM.
Subdivision 1.
Adoption, filing.
To establish such system the board of county commissioners of such county may adopt a resolution and file a certified copy in the office of the county auditor.
Subd. 2.
Established on filing.
Upon filing of such resolution the civil service personnel system in the sheriff's office of such county is established.
History:
1957 c 325 s 2,3
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.33 — Sheriff's Civil Service Commission.

387.33 SHERIFF'S CIVIL SERVICE COMMISSION.
Subdivision 1.
Timing of appointments.
After filing of their resolution the board of county commissioners shall at their next regular meeting appoint a commission to be designated as the sheriff's civil service commission.
Subd. 2.
Members; qualifications, conditions.
The commission shall consist of three members who shall be citizens of the state and residents of the county, and shall be appointed by the chair of the county board, and the appointment of each commissioner, to be confirmed by majority vote of the county board. When first created one commissioner shall be appointed for one year, who shall be president of the commission, one for the term of two years, and one for the term of three years, and all commissioners shall hold their office until their successors are appointed and qualified. No commissioner shall at the time of appointment or while serving, hold any other office or employment under said county, any city, the United States, the state of Minnesota, or any public corporation or political division thereof, other than the office of notary public. Each commissioner, before entering upon duties, shall subscribe and record with the county recorder of said county an oath for the faithful discharge of duties. There shall be appointed each year thereafter, in the manner of the original appointments, one member of the commission whose term of office shall be for three years, and each member of the commission shall be president of the commission during the last year of the term for which appointed.
Subd. 3.
Meetings, officers, rules.
The commission shall meet as soon as possible after its appointment and thereafter on the first Monday in February each year at which meetings it shall select from its members a secretary who shall serve until a successor is elected.
The commission shall fix the times of its other meetings, and adopt, amend, and alter rules for its procedure.
History:
1957 c 325 s 4-6; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1986 c 444; 2005 c 4 s 91
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.34 — Compensation Of Commissioners.

387.34 COMPENSATION OF COMMISSIONERS.
Each commissioner shall serve without pay, but the county board shall allow the secretary such compensation, not exceeding $200 per year, as it shall deem necessary and commensurate with the additional services rendered. The commission shall annually submit a budget to the board of county commissioners for approval, modification or rejection. The county shall pay all necessary expenses incurred by the commission within the budget and in the same manner as other county obligations are disbursed, from the general revenue.
History:
1957 c 325 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.35 — Duties Of Commissioners.

387.35 DUTIES OF COMMISSIONERS.
Subdivision 1.
Positions classified; incumbents, service register.
The commission shall have supervision over the employment, promotion, discharge, and suspension of all deputies and employees in the sheriff's department, except special deputies with no salary.
The commission shall, immediately after its appointment and organization, grade and classify all positions and also all present employees of the sheriff's department; and any deputy regularly employed at the time of creation of the civil service commission shall come under the jurisdiction of the commission without examination, and shall not be classified in a position with lower pay scale than said deputy is then receiving.
The commission shall prepare a service register, in which shall be entered, in their classes, the names, ages, compensation, period of past employment and such other facts and data with reference to each employee as the commission may deem useful, in order to better ascertain the standing of each deputy and employee for the purpose of promotions.
The commission shall act in no more than an advisory capacity regarding salaries in the sheriff's department, and sections 387.31 to 387.45 shall in no way change the manner of fixing salaries of deputies.
Subd. 2.
Application register.
The commission shall keep a second register to be known as the application register in which shall be entered the names and addresses, in the order of the date of application, of all applicants for examination and the positions or employment they seek. All applications shall be upon forms prescribed by the commission and contain such data and information as the commission deems necessary and useful.
History:
1957 c 325 s 8,9
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.37 — Removal Only Upon Charges.

387.37 REMOVAL ONLY UPON CHARGES.
No deputy sheriff or employee after continuous employment of one year shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of the charges as in sections 387.31 to 387.45 hereinafter provided. Such charges shall be investigated by or before such civil service commission. The finding and decision of such commission shall be forthwith certified to the sheriff, to be forthwith enforced.
Nothing in sections 387.31 to 387.45 shall limit the power of the sheriff, or the superior officer in the sheriff's absence, to suspend a subordinate for a reasonable period not exceeding 30 days for the purpose of discipline, or pending investigation of charges when it appears such suspension is advisable.
History:
1957 c 325 s 11; 1969 c 218 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.38 — Grades, Standards.

387.38 GRADES, STANDARDS.
The commission shall ascertain the duties of each position, and employment in the sheriff's department of said county, and designate by rule as well as may be practicable the grade of each position. The commission shall prescribe standards of fitness and efficiency for each position and for each grade, and adapt its examinations thereto.
History:
1957 c 325 s 12
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.39 — Examinations.

387.39 EXAMINATIONS.
Subdivision 1.
Described; examiners.
All examinations shall be impartial, fair, and practical, designed only to test the relative qualifications and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No question on the examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for position requiring special experience, skill, or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the sheriff and of any employee to act as an examiner or assistant examiner, at the request of the commission, without special compensation therefor. The members of the commission collectively or individually may act as examiners or assistant examiners.
Subd. 2.
Notice; eligible register; limit, transfer.
Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 387.36, and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance. The names of those found eligible upon examination, after giving credit for character and previous successful experience, shall be entered with their address and percentages on the eligible register. No name shall remain upon the eligible register more than two years without a new application, and if the rules of the commission so require, a new examination. When a vacancy has been filled or new appointment made, the names selected shall be stricken from the eligible register and transferred to the service register.
History:
1957 c 325 s 13,14
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.40 — Charges, Hearing.

387.40 CHARGES, HEARING.
Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by any member of the commission of the member's own motion, and thereupon the commission shall try the charges after no less than ten days' written notice to the accused. Such notice shall set forth the charges as filed. In the event that the charges are filed by a member of the commission the complaining commissioner shall not sit. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county. The commission may make complaint to the district court of disobedience of its subpoenas or orders under this section, and the court shall prescribe notice to the person accused and require the person to obey the commission's subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court, except that any officer, agent, or employee of the county who receives compensation for services, shall not be entitled to fees.
History:
1957 c 325 s 15; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.41 — Removal After Hearing.

387.41 REMOVAL AFTER HEARING.
If, after investigation and trial by civil service commission, an employee who is found guilty of inefficiency, breach of duty, or misconduct, may be removed, reduced, or suspended and the employee's name may be stricken from the service register. If the board determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension.
Findings, determinations, and orders of the commission for suspension, reduction, or removal, shall be in writing and shall be filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced, or removed by the commission after investigation may appeal in accordance with chapter 14.
The question to be determined by the court shall be:
"Upon the evidence, was the order of the commission reasonable?"
Whenever the sheriff or county attorney deems the civil service commissioners, or any one of them, to be failing their duties as outlined in sections 387.31 to 387.45, the sheriff or county attorney, shall request the county board to hold a hearing regarding the matter. The county board shall then determine this question: "Is the sheriff's civil service commission or any member thereof failing in the duties prescribed by sections 387.31 to 387.45?" Upon an affirmative finding by resolution, the commission or member shall be deemed removed. The county board shall fill the vacancy by appointment for the balance of the term.
An applicant for examination, appointment, or promotion in the sheriff's department of the county who shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money, service, or other thing to any person, for or on account of or in connection with the examination, appointment, or proposed appointment or promotion shall be guilty of a misdemeanor and shall also be subject to suspension or removal.
Any officer or employee of the sheriff's department, when operating under civil service in accordance with the provisions of this chapter, who participates in any manner in activities in support of any candidate or party, directly or indirectly solicits, receives, or pays, or participates in any manner in soliciting, receiving, or paying any assessment, subscription, or contribution for any candidate, party, or political purpose, is guilty of a misdemeanor and shall be subject to suspension or removal.
History:
1957 c 325 s 16; 1983 c 247 s 148; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.42 — Employees Under Civil Service Commission Jurisdiction.

387.42 EMPLOYEES UNDER CIVIL SERVICE COMMISSION JURISDICTION.
Any deputy sheriff regularly employed on a full-time basis at the time of the creation of the civil service commission shall automatically come under the jurisdiction of the civil service commission, consistent with duties of the commission as outlined in sections 387.31 to 387.45.
History:
1957 c 325 s 17
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.43 — Discontinuance Of Civil Service Commission.

387.43 DISCONTINUANCE OF CIVIL SERVICE COMMISSION.
Subdivision 1.
Unanimous board or majority election.
Any sheriff's civil service commission created pursuant to the provisions of sections 387.31 to 387.45 may be discontinued and abolished by either of the following methods: by a resolution adopted by the county board on a unanimous vote a certified copy of which shall be filed in the office of the county auditor, or upon obtaining the approval of a majority of the electors voting on the question of abolishing the civil service system. The election shall be initiated by resolution adopted by a majority vote of the county board or by a petition signed by ten percent of the number of legal voters voting at the last general county election. The resolution or petition shall be filed with the county auditor.
Subd. 2.
Election process.
When a proper resolution or petition according to the preceding subdivision has been filed in the office of the county auditor, the auditor shall submit the question to the voters of the county at the next following special or general county election occurring at least 30 days from such filing of such petition. The question on the ballot shall be stated substantially as follows:
"Shall the sheriff's civil service commission be abolished?"
History:
1957 c 325 s 18,19; 1969 c 1099 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.44 — Application.

387.44 APPLICATION.
Sections 387.31 to 387.45 shall not apply and shall have no force or effect upon any county until the requirements and procedure for creation of a sheriff's civil service commission as herein outlined have been complied with.
History:
1957 c 325 s 20
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 387 — Sheriff › Section 387.45 — Veterans Preference Law Not Affected.

387.45 VETERANS PREFERENCE LAW NOT AFFECTED.
Sections 387.31 to 387.45 do not exclude or modify the application of sections 197.455 and 197.46, known as the Veterans Preference Law.
History:
1957 c 325 s 21; 1980 c 509 s 146
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.01 — Election; Qualifications; Term.

388.01 ELECTION; QUALIFICATIONS; TERM.
There shall be elected in each county a county attorney who shall be licensed to practice law in this state, and whose term of office shall be four years and until a successor qualifies. Before entering upon duties the county attorney shall take an oath. The oath must be recorded with the county recorder.
History:
(924) RL s 563; 1943 c 355 s 1; 1959 c 189 s 1; 1965 c 749 s 1; 1973 c 524 s 6; 1976 c 181 s 2; 1986 c 444; 1991 c 326 s 20; 1997 c 147 s 77; 2005 c 4 s 92
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.08 — Prohibitions.

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.
History:
(929) RL s 568; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.09 — Other Attorney Employed.

388.09 OTHER ATTORNEY EMPLOYED.
Subdivision 1.
General provisions.
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.
Subd. 2.
Misdemeanors; other prosecutions.
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.
History:
(930) RL s 569; 1983 c 177 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.10 — Assistants.

388.10 ASSISTANTS.
The county attorney of any county in this state who has no assistant is hereby authorized to appoint, with the consent of the county board of the county, one or more attorneys for assistance in the performance of duties. Each assistant shall have the same duties and be subject to the same liabilities as the county attorney and hold office during the pleasure of the county attorney. Each assistant shall be appointed in writing and the assistant's oath and appointment shall be recorded with the county recorder. The county board of such county shall fix the salary of each assistant county attorney appointed pursuant to the provisions of this section, and the salary when so fixed by such county board shall thereafter be paid by the county in equal monthly installments upon the warrant of the county auditor during the period for which such salary is so fixed or during such portion thereof as an assistant county attorney continues in office.
History:
(930 1/2) 1921 c 444 s 1; 1925 c 15 s 1; 1941 c 96 s 1; 1951 c 117 s 1; 1965 c 749 s 2; 1967 c 718 s 1; 1976 c 181 s 2; 1986 c 444; 2005 c 4 s 93
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.103 — Assistants And Deputy Sheriffs.

388.103 ASSISTANTS AND DEPUTY SHERIFFS.
The board of county commissioners of any county in which a training camp is established for active training of military or naval forces, or of any adjoining county, may declare an emergency and, in addition to any salaries heretofore authorized by law for assistant county attorneys and deputy sheriffs, may authorize, fix, and pay the salaries of such additional assistant county attorneys and deputy sheriffs as the board deems necessary during such emergency.
History:
1941 c 347
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.11 — Law Partner Not To Defend.

388.11 LAW PARTNER NOT TO DEFEND.
No law partner of the county attorney, or attorney having an office with the county attorney, shall appear for the defendant in any criminal action which it is the duty of the county attorney to prosecute.
History:
(931) RL s 570; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.12 — Attorney To Assist.

388.12 ATTORNEY TO ASSIST.
The judge of any district court may by order entered in the minutes at any term of court appoint an attorney of such court to act as, or in the place of, or to assist the county attorney at such term, either before the court or grand jury. The person so appointed shall take the oath required by law of county attorneys and thereupon may perform all duties at such term of court, but shall receive no compensation where the county attorney is present at such term, except by the county attorney's consent, and to be paid from the county attorney's salary.
History:
(932) RL s 571; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.13 — Accounting; Payment Of Receipts To Treasurer.

388.13 ACCOUNTING; PAYMENT OF RECEIPTS TO TREASURER.
On or before January 1, in each year, the county attorney shall file in the office of the county auditor a verified account of all money received during the preceding year by virtue of office specifying therein the name of the person from whom received, the amount paid by each and on what account; and, unless previously paid, shall at the same time pay over such money to the county treasurer, and take duplicate receipts therefor, one of which shall be filed with the county auditor. If the county attorney shall refuse or neglect to account for and pay over any money so received, the auditor shall cause an action to be instituted upon the county attorney's bond to recover the same, and damages for failure to account.
History:
(933) RL s 572; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.14 — Contingent Fund; Expenses.

388.14 CONTINGENT FUND; EXPENSES.
The county board may set apart yearly a sum, not exceeding $7,500, except in counties containing cities of the first class, where the sum shall not exceed $10,000, as a contingent fund for defraying necessary expenses not especially provided for by law, in preparing and trying criminal cases, conducting investigations by the grand jury, making contributions to a statewide county attorney's organization, and paying the necessary expenses of the county attorney incurred in the business of the county. All disbursements from such fund shall be made upon written request of the county attorney by auditor's warrant, countersigned by a judge of the district court. Any balance remaining at the end of the year shall be transferred to the revenue fund.
History:
(934) RL s 574; 1909 c 233 s 1; 1917 c 307; 1965 c 749 s 4; 1981 c 357 s 104; 1989 c 290 art 9 s 11
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.15 — Funds For Investigation.

388.15
MS 1949 [Renumbered 388.15, subdivision 1]
388.15 FUNDS FOR INVESTIGATION.
Subdivision 1.
County board appropriation.
The county board of any county in this state, upon the request of the county attorney of such county, may appropriate, for the use of the county attorney, such funds, not otherwise appropriated, as the county attorney deems necessary for the investigation and the procuring of evidence when the county attorney has reason to believe that any closed bank, savings bank, trust company, or savings association incorporated under the laws of the state of Minnesota, has violated any provision of law. Such amount shall be in addition to the contingent fund of such county now allowed by law and shall be disbursed only on order of a district judge of the district in which any such county is located, approving such expenditure.
Subd. 2.
Borrowing money.
The county board, if no funds are available, may borrow such money as it deems necessary to carry out the provisions of this section, but such loan shall not run over one year.
History:
(934-1, 934-2) 1925 c 264 s 1,2; 1986 c 444; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.151 — Unmarked Vehicles; License Plates.

388.151 UNMARKED VEHICLES; LICENSE PLATES.
Vehicles used by county attorneys to investigate allegations of criminal wrongdoings, to assist crime victims or witnesses, to aid in prosecuting criminal offenses, and for other uses consistent with the duties of the county attorney which the county attorney elects to operate as unmarked must be registered and must display passenger vehicle classification license number plates. The registrar of motor vehicles shall furnish the license plates at cost upon application and certification signed by the county attorney that the vehicles will be used exclusively for the purposes authorized by this section.
History:
1999 c 238 art 2 s 73
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.19 — County Attorneys Council.

388.19 COUNTY ATTORNEYS COUNCIL.
Subdivision 1.
Creation.
There is hereby created a county attorneys council hereinafter designated as the "council" to be composed of the county attorney from each of the 87 counties and the attorney general of the state of Minnesota. The members shall meet annually in November of each year and, commencing at the annual meeting in November 1973, shall elect a president, a president-elect, a secretary, and a treasurer, and such other officers and directors as the county attorneys council shall determine. Each of these officers shall hold office for a term of one year and until their successors are elected and qualified. The county attorneys council may adopt such rules as are necessary for the carrying out of its duties. A county attorney may designate in writing an assistant who may act in the county attorney's stead in carrying out any function of the county attorneys council except serving as an officer. The county attorneys council may acquire and hold property, accept gifts, grants, and contributions and may charge fees for services, for seminars, workshops and publications it conducts and produces. All receipts from these sources shall be deposited in one or more special accounts in the state treasury and are appropriated to the county attorneys council for carrying out the duties described in subdivision 4.
Subd. 2.
[Repealed, 1996 c 310 s 1]
Subd. 3.
Governing body.
The board of governors of the county attorneys council shall be composed of the president, the president-elect, the secretary, the treasurer, the immediate past president, and the attorney general. A vacancy in any office of the board of governors of the county attorneys council shall be filled by appointment of the remaining members of the board of governors of the county attorneys council.
The board of governors shall have such authority and duties as delegated to it by the council.
Subd. 4.
Duties.
The council shall perform such functions as in its opinion shall strengthen the criminal justice system and strengthen and increase efficiency in county government in Minnesota, including but not limited to the following:
(a) Provide training and continuing education for county attorneys and assistants.
(b) Gather and disseminate information to county attorneys including changes in the law by rule, case decisions, and legislative enactment.
(c) Coordinate with law enforcement, courts, and corrections providing interdisciplinary seminars to augment effectiveness of the system.
History:
1973 c 564 s 1; 1979 c 337 s 22; 1981 c 357 s 105; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.20 — Executive Director.

388.20 EXECUTIVE DIRECTOR.
Subdivision 1.
Appointment.
In order to carry out the duties of the county attorneys council, the council shall employ an executive director, hereinafter referred to as the director, which office is hereby created. The board of governors of the county attorneys council shall appoint and supervise the executive director.
Subd. 2.
Term, vacancy.
The term of office of the director shall be six years and until a successor is appointed and qualified. The director shall be learned in the law. The director shall be in the unclassified service of the state. The term of office for the first director shall commence on July 1, 1973. Vacancies in the office of director shall be filled for the unexpired term by the appointing authority. The director shall devote full time to duties and shall not engage in the private practice of law.
Subd. 3.
Employees, office space.
The director may hire such employees as are necessary to carry out duties. Such employees shall be in the unclassified service of the state.
The commissioner of administration shall provide the director with suitable office space.
Subd. 4.
Duties.
The director shall carry out the duties assigned to the county attorneys council by Laws 1973, chapter 564 and shall perform such other functions as may be assigned from time to time by the county attorneys council.
History:
1973 c 564 s 2 subds 1-4; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.21 — Full-time Position; Establishment.

388.21 FULL-TIME POSITION; ESTABLISHMENT.
Subdivision 1.
By county board.
The county board of any county in Minnesota by resolution may provide that the office of the county attorney shall be a full-time position and require that one elected to the office not engage in the private practice of law.
Subd. 2.
In January before filing; salary.
If the office of county attorney is made a full-time position, the action shall be taken at the January meeting prior to the first date on which applicants may file for the office of county attorney. The salary shall be set by the county board as provided in section 388.18, subdivision 2.
History:
1974 c 262 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.22 — Salary; Appeal; Budget.

388.22 SALARY; APPEAL; BUDGET.
Subdivision 1.
When paid.
The county board shall pay the salary of the county attorney at intervals as the board shall determine but not less than once each month.
Subd. 2.
Budget.
The county board by resolution shall provide the budget for the salary of the full time county attorney.
Subd. 3.
Salary appeal.
The county attorney, if dissatisfied with the action of the county board in setting the amount of the county attorney's salary, may appeal on the same grounds and in the same manner as provided in section 388.18, subdivision 6.
History:
1974 c 262 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 388 — County Attorney › Section 388.25 — Training About Sex Offender Sentencing.

388.25 TRAINING ABOUT SEX OFFENDER SENTENCING.
The County Attorneys Association, in conjunction with the attorney general's office and the Bureau of Criminal Apprehension, shall conduct an annual training course for prosecutors, public defenders, and peace officers on the specific sentencing statutes and Sentencing Guidelines applicable to persons convicted of sex offenses and crimes that are sexually motivated. The training shall focus on the sentencing provisions applicable to repeat sex offenders and patterned sex offenders. The course may be combined with other training conducted by the County Attorneys Association or other groups.
History:
1995 c 226 art 2 s 5