N.D. Cent. Code § 11-10.3-02

Current through 2024 Legislative Session

Section 11-10.3-02 - Contents of plan - Limitations

1. A joint powers agreement or plan for combining the function of county elective offices may specify:

a. The offices to be combined;

b. The selection, powers, duties, functions, qualifications and training, terms, candidate residency requirements notwithstanding section 11-10-04, and compensation of the combined office, and status of the office as elective or appointive;

c. The manner of apportionment of the costs of the office;

d. Procedures for the selection, transfer, reassignment, or termination of personnel associated with the affected offices;

e. Procedures for the transfer of powers, records, documents, and property;

f. Procedures for termination or modification of the arrangement;

g. The process for transition in implementing the office combination, including delayed effective dates for implementation at the end of a current term or a future term, upon the occurrence of a vacancy, or on a date certain;

h. A process for the limited application or temporary implementation of the plan, including provisions that permit implementation on an experimental or pilot basis such as the expiration of the plan on a date certain in the future, require reapproval of the plan by the electors at a future date, or a phased-in implementation of various components of the plan; and

i. Other provisions pertaining to the combined office that the affected boards of county commissioners deem necessary or advisable.

2. A proposed plan for combining the functions of county elective offices may not diminish the term of office for which a current county officer was elected, redesignate that elected office during that term as appointed, or reduce the salary of the office for that term. The plan may not diminish any general responsibility of county government to perform any function or provide any service that is required by law to be performed or provided by county government.

3. A proposed plan may not diminish the future term of office, or redesignate an elected office as appointed, with respect to any person who, on August 1, 1993, holds an elected county office and continues to hold that specific office for future terms on an uninterrupted basis. This subsection does not apply after January 1, 2002, or if the person holding the affected office consents in writing to the proposed plan, and files that written document prior to the scheduled implementation of the plan with the district court for each county.

N.D.C.C. § 11-10.3-02

Amended by S.L. 2013 , ch. 92( HB 1065 ), § 3, eff. 8/1/2013.