351.14 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to sections 351.14 to 351.23. Subd. 2. Malfeasance. “Malfeasance” means the willful commission of an unlawful or wrongful act in the performance of a public official’s duties which is outside the scope of the authority of the public official and which infringes on the […]
351.15 REMOVAL OF ELECTED COUNTY OFFICIAL. An elected county official may be removed from office in accordance with the procedures established in sections 351.14 to 351.23. History: 1986 c 418 s 2
351.16 PETITION; REVIEW. Subdivision 1. Form of petition. Any registered voter may petition the county auditor requesting a removal election and setting forth facts which allege with specificity that an elected county official committed malfeasance or nonfeasance in the performance of official duties during the current or any previous term in the office held by […]
351.17 CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER. The clerk of appellate courts shall submit the petition to the chief justice. The chief justice shall review the petition to determine whether the petition properly alleges facts which, if proven, constitute malfeasance or nonfeasance in the performance of official duties. If the petition properly contains factual […]
351.18 WAIVER. An elected county official who is the subject of a petition under section 351.16 may waive in writing the right to a public hearing. If the hearing is waived, the case must be certified by order of the chief justice to the county auditor for a removal election to be held within 30 […]
351.19 PUBLIC HEARING. Subdivision 1. Time; subpoenas; amendment of petition. A public hearing into the allegations of a petition under section 351.16 must be held within 60 days after issuance of the order of the chief justice assigning the case to a special master. The special master may issue subpoenas to compel the testimony of […]
351.20 DECISION; CERTIFICATION. If the special master determines that the elected county official committed malfeasance or nonfeasance in the performance of official duties, the case must be certified to the county auditor for a removal election on a date to be fixed by the county auditor and held within 30 days of the order of […]
351.21 APPEAL. An elected county official may appeal the decision of a special master under section 351.20 to the supreme court within ten days. The removal election is stayed until 20 days after the supreme court issues a decision on the appeal. The supreme court shall grant an expedited appeal. History: 1986 c 418 s […]
351.22 REMOVAL ELECTION; DISQUALIFICATION. Subdivision 1. Majority vote; form of question. An elected county official may be removed pursuant to sections 351.14 to 351.23 by majority vote. The removal election is a special election conducted under applicable provisions of section 375.20. The question submitted to the voters must be: “Should ………………………………………….. (Name) elected (appointed) to […]
351.23 EXTENSION OF TIME. The chief justice may extend the time limitations in sections 351.14 to 351.23 for good cause. History: 1986 c 418 s 10
