CHAPTER 40-01.1LOCAL GOVERNANCE ADVISORY STUDY40-01.1-01.Advisory study of local governance options.An advisory studycommittee may be established under this chapter to provide local citizens and leaders with the<br>means for fully and adequately studying options available for positioning their local governments<br>for effective, creative, and efficient service in the future, in a manner suited to the economic,<br>social, geographic, demographic, and other circumstances influencing the needs and resources<br>of local communities. An advisory study committee is encouraged to prepare a comprehensive<br>program for the performance of local government functions and the furnishing of local<br>government services within the jurisdiction of the governing body or cooperating governing<br>bodies that established the committee. In its study, the committee may consider:1.The need for maintaining citizen access to, control of, and participation in local<br>government;2.The existing land use within the area, including the location of highways and natural<br>geographic barriers to, and routes for, transportation;3.The need for organized local government functions, services, and controls; the<br>present cost and adequacy of local government functions, services, and controls;<br>probable future needs for those functions, services, and controls; and the probable<br>effect of alternative courses of action on the cost and adequacy of local government<br>functions, services, and controls;4.The trends in population density and distribution, and the potential or likelihood for<br>significant growth or decline;5.The tax base and other factors bearing on the capacity for local government to<br>provide essential functions and services necessary to the general welfare of local<br>citizens;6.The boundaries of existing units of local government;7.Data necessary for analyzing the strengths, weaknesses, challenges, and<br>opportunities that are unique to the community; and8.Other factors that may affect the provision of local government functions, services,<br>and controls.40-01.1-02. Local advisory study committee.1.The governing body or electors of a county, city, city park district, township, school<br>district, or any other political subdivision of this state may establish an advisory<br>committee to study the existing form and powers of that political subdivision for<br>comparison with other forms and powers available under the laws of this state. A<br>local advisory study committee is established:a.By a majority vote of the governing body; orb.By a petition signed by ten percent or more of the total number of qualified<br>electors of the political subdivision voting for governor at the most recent<br>gubernatorial election and submitted to the governing body.2.The governing body shall appoint the members of the advisory study committee and<br>set the duration of the committee.The members are not entitled to receivecompensation, but may receive actual and necessary expenses incurred in the<br>performance of official duties as determined by the governing body.Page No. 13.The governing body may provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations;e.Cooperate with a like committee established pursuant to this section by another<br>political subdivision in the conduct of the study. A cooperative study does not<br>preclude a study committee from making separate recommendations to the<br>governing body; andf.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-03. Cooperative advisory study committee.1.The governing bodies of any two or more political subdivisions, including any<br>combination of counties, cities, city park districts, townships, school districts, or other<br>political subdivisions, may establish an advisory committee to study the potential for<br>cooperative or combined efforts for providing local government functions and<br>services. A cooperative advisory study committee is established:a.By execution of a joint powers agreement between participating political<br>subdivisions or by joint resolution pursuant to separate majority votes of each<br>participating governing body; orb.By petitions signed by ten percent or more of the total number of qualified<br>electors of each affected political subdivision voting for governor at the most<br>recent gubernatorial election and submitted to the governing bodies.2.The composition and duration of the advisory study committee is as prescribed in<br>the joint powers agreement, resolutions of the governing bodies, or petitions.<br>However, the governing bodies may agree, by joint resolution, to limit the duration or<br>composition of the advisory study committee created by petition pursuant to<br>subdivision b of subsection 1.Any vacancy may be filled as prescribed in theagreement, resolution, or petitions or, if not prescribed, by the governing body that<br>was represented by the person vacating the position.3.A governing body may agree to provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:Page No. 2a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations; ande.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-04.Advisory recommendations.A local or cooperative advisory studycommittee established for one or more political subdivisions may recommend that a local<br>governing body or the electors pursue any course of action permitted by law or home rule charter<br>for that political subdivision. The committee may recommend:1.With respect to a county:a.Execution of a joint powers agreement between the county and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the county and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the county's general authority to contract pursuant to section<br>11-10-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Combination or separation of any elective or appointive county office and<br>corresponding functions, or redesignation of any county office as elective or<br>appointive, pursuant to chapter 11-10.2.d.Change in the number of county commissioners pursuant to chapter 11-12.e.Establishment of a county home rule charter commission for initiating the<br>adoption of a home rule charter or the amendment or repeal of a home rule<br>charter pursuant to chapter 11-09.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a home rule charter or<br>amendment to a home rule charter.f.Adoption of the consolidated office form of county government pursuant to<br>chapter 11-08.g.Adoption of the county manager form of county government pursuant to<br>chapter 11-09.h.Use of other statutory tools relating to social and economic development, land<br>use, transportation and roads, health, law enforcement, administrative and<br>fiscal services, recording and registration services, educational services,<br>environmental quality, water, sewer, solid waste, flood relief, parks and open<br>spaces, hospitals, public buildings, or other county functions or services,<br>including creation of cooperative county job development authorities pursuant<br>to section 11-11.1-03, multicounty health units pursuant to chapter 23-35,Page No. 3regional planning and zoning commissions pursuant to section 11-35-01,<br>boards of joint county park districts pursuant to chapter 11-28 or a combination<br>of boards of park commissioners with a city pursuant to chapter 40-49.1, or<br>multicounty social service districts pursuant to chapter 50-01.1.i.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.j.Sharing of elective or appointive county officers with other counties, cities, or<br>other political subdivisions pursuant to chapter 11-10.3.k.Initiation of the multicounty home rule charter process or the amendment or<br>repeal of a multicounty home rule charter pursuant to section 11-09.1-04.1, or<br>the adoption, amendment, or repeal of ordinances to implement the charter.<br>The recommendation may include a specific nonbinding proposal or draft for a<br>multicounty home rule charter.l.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.m.Transfer of a power or function of another political subdivision to the county<br>pursuant to chapter 54-40.5.n.Creation of a county consolidation committee pursuant to chapter 11-05.1.o.That any other action be taken that is permitted by law.p.That no action be taken.2.With respect to a city:a.Execution of a joint powers agreement between the city and one or more other<br>political subdivisions or the state for the cooperative or joint administration of<br>any service or function pursuant to chapter 54-40.3 or as otherwise specifically<br>provided by law, or an agreement between the city and a tribal government<br>pursuant to chapter 54-40.2.b.Exercise of the city's general authority to contract pursuant to section 40-05-01<br>and any other law, including service agreements with public or private parties<br>under the terms and conditions of the agreements.c.Combination of city officers pursuant to section 40-14-04 or 40-15-05 or the<br>sharing of officers with other cities, counties, or other political subdivisions<br>pursuant to chapter 11-10.3.d.An increase or decrease in the number of members of the governing body of a<br>city pursuant to section 40-06-09.e.Establishment of a city home rule charter commission for initiating the adoption<br>of a home rule charter or the amendment or repeal of a home rule charter<br>pursuant to chapter 40-05.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a city home rule charter or<br>amendment to a home rule charter.Page No. 4f.Adoption of the commission form of city government pursuant to chapter 40-04.g.Adoption of the modern council form of city government pursuant to chapter<br>40-04.1.h.Adoption of the city manager plan pursuant to chapter 40-10.i.Sharing an appointive city officer and function with another city, the county, or<br>another political subdivision pursuant to chapter 11-10.3.j.Initiation of the multicity home rule process or the amendment or repeal of a<br>multicity home rule charter pursuant to section 40-05.1-05.1, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>multicity home rule charter.k.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.l.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.m.Use of other statutory tools for social and economic development, land use,<br>transportation, health, fire and police protection, street construction and<br>maintenance, assessment, financing, accounting, legal, environmental quality,<br>water, sewer, solid waste, flood relief, parks and open spaces, hospitals, public<br>buildings, or other city functions or services, including the creation of<br>cooperative city job development authorities pursuant to section 40-57.4-03.n.Transfer of a power or function of the city to the county pursuant to chapter<br>54-40.5.o.Consolidation of cities pursuant to chapter 40-53.2.p.Dissolution of a city pursuant to chapter 40-53.1.q.That any other action be taken that is permitted by law.r.That no action be taken.3.With respect to a township:a.Execution of a joint powers agreement between the township and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the township and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the township's general authority to contract pursuant to section<br>58-03-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.Page No. 5d.Combination of the offices of township clerk and treasurer pursuant to section<br>58-05-02 or the sharing of officers with other townships or other political<br>subdivisions pursuant to chapter 11-10.3.e.An increase in the number of board of township supervisors from three to five<br>pursuant to section 58-04-02.1.f.Contract with the county, another political subdivision, or any individual for<br>assessor services pursuant to section 58-05-02.g.Consolidation of boards of township officers pursuant to chapter 58-05.1.h.Transfer of a power or function of the township to the county pursuant to<br>chapter 54-40.5.i.Creation of an organized civil township pursuant to chapter 58-02.j.Division or annexation of a township pursuant to chapter 58-02.k.Dissolution of the township pursuant to chapter 58-02.l.That any other action be taken that is permitted by law.m.That no action be taken.4.With respect to a city park district:a.Execution of a joint powers agreement between the city park district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the city park<br>district and a tribal government pursuant to chapter 54-40.2.b.Exercise of the city park district's general authority to contract pursuant to<br>section 40-49-04 and any other law, including service agreements with public or<br>private parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.d.An increase or decrease in the number of board members pursuant to sections<br>40-49-07.1 and 40-49-07.2.e.Transfer of a power or function of the city park district to the county pursuant to<br>chapter 54-40.5.f.Combination of the city board of park commissioners with other city or county<br>boards of park commissioners pursuant to chapter 40-49.1.g.Sharing of officers with other city park districts or other political subdivisions<br>pursuant to chapter 11-10.3.h.Dissolution of the city park district pursuant to sections 40-49-07.1 and<br>40-49-07.2.i.That any other action be taken that is permitted by law.j.That no action be taken.Page No. 65.With respect to a school district:a.Execution of a joint powers agreement between the school district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, including the exercise of the general<br>powers to make contract for joint educational endeavors, or an agreement<br>between the school district and a tribal government pursuant to chapter<br>54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.An increase or decrease in the number of school board members pursuant to<br>section 15.1-09-01.d.Sharing of officers with other school districts or other political subdivisions<br>pursuant to chapter 11-10.3.e.School district annexation or reorganization.f.Transfer of a power or function of the school district to the county pursuant to<br>chapter 54-40.5.g.That any other action be taken that is permitted by law.h.That no action be taken.6.With respect to other political subdivisions, including rural ambulance service<br>districts, rural fire protection districts, irrigation districts, hospital districts, soil<br>conservation districts, and recreation service districts:a.Execution of a joint powers agreement between the political subdivision and<br>one or more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the political<br>subdivisions and a tribal government pursuant to chapter 54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.Sharing of officers with other political subdivisions pursuant to chapter 11-10.3.d.Transfer of a power or function of the political subdivision to the county<br>pursuant to chapter 54-40.5.e.That any other action be taken that is permitted by law.f.That no action be taken.Page No. 7Document Outlinechapter 40-01.1 local governance advisory study
CHAPTER 40-01.1LOCAL GOVERNANCE ADVISORY STUDY40-01.1-01.Advisory study of local governance options.An advisory studycommittee may be established under this chapter to provide local citizens and leaders with the<br>means for fully and adequately studying options available for positioning their local governments<br>for effective, creative, and efficient service in the future, in a manner suited to the economic,<br>social, geographic, demographic, and other circumstances influencing the needs and resources<br>of local communities. An advisory study committee is encouraged to prepare a comprehensive<br>program for the performance of local government functions and the furnishing of local<br>government services within the jurisdiction of the governing body or cooperating governing<br>bodies that established the committee. In its study, the committee may consider:1.The need for maintaining citizen access to, control of, and participation in local<br>government;2.The existing land use within the area, including the location of highways and natural<br>geographic barriers to, and routes for, transportation;3.The need for organized local government functions, services, and controls; the<br>present cost and adequacy of local government functions, services, and controls;<br>probable future needs for those functions, services, and controls; and the probable<br>effect of alternative courses of action on the cost and adequacy of local government<br>functions, services, and controls;4.The trends in population density and distribution, and the potential or likelihood for<br>significant growth or decline;5.The tax base and other factors bearing on the capacity for local government to<br>provide essential functions and services necessary to the general welfare of local<br>citizens;6.The boundaries of existing units of local government;7.Data necessary for analyzing the strengths, weaknesses, challenges, and<br>opportunities that are unique to the community; and8.Other factors that may affect the provision of local government functions, services,<br>and controls.40-01.1-02. Local advisory study committee.1.The governing body or electors of a county, city, city park district, township, school<br>district, or any other political subdivision of this state may establish an advisory<br>committee to study the existing form and powers of that political subdivision for<br>comparison with other forms and powers available under the laws of this state. A<br>local advisory study committee is established:a.By a majority vote of the governing body; orb.By a petition signed by ten percent or more of the total number of qualified<br>electors of the political subdivision voting for governor at the most recent<br>gubernatorial election and submitted to the governing body.2.The governing body shall appoint the members of the advisory study committee and<br>set the duration of the committee.The members are not entitled to receivecompensation, but may receive actual and necessary expenses incurred in the<br>performance of official duties as determined by the governing body.Page No. 13.The governing body may provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations;e.Cooperate with a like committee established pursuant to this section by another<br>political subdivision in the conduct of the study. A cooperative study does not<br>preclude a study committee from making separate recommendations to the<br>governing body; andf.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-03. Cooperative advisory study committee.1.The governing bodies of any two or more political subdivisions, including any<br>combination of counties, cities, city park districts, townships, school districts, or other<br>political subdivisions, may establish an advisory committee to study the potential for<br>cooperative or combined efforts for providing local government functions and<br>services. A cooperative advisory study committee is established:a.By execution of a joint powers agreement between participating political<br>subdivisions or by joint resolution pursuant to separate majority votes of each<br>participating governing body; orb.By petitions signed by ten percent or more of the total number of qualified<br>electors of each affected political subdivision voting for governor at the most<br>recent gubernatorial election and submitted to the governing bodies.2.The composition and duration of the advisory study committee is as prescribed in<br>the joint powers agreement, resolutions of the governing bodies, or petitions.<br>However, the governing bodies may agree, by joint resolution, to limit the duration or<br>composition of the advisory study committee created by petition pursuant to<br>subdivision b of subsection 1.Any vacancy may be filled as prescribed in theagreement, resolution, or petitions or, if not prescribed, by the governing body that<br>was represented by the person vacating the position.3.A governing body may agree to provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:Page No. 2a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations; ande.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-04.Advisory recommendations.A local or cooperative advisory studycommittee established for one or more political subdivisions may recommend that a local<br>governing body or the electors pursue any course of action permitted by law or home rule charter<br>for that political subdivision. The committee may recommend:1.With respect to a county:a.Execution of a joint powers agreement between the county and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the county and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the county's general authority to contract pursuant to section<br>11-10-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Combination or separation of any elective or appointive county office and<br>corresponding functions, or redesignation of any county office as elective or<br>appointive, pursuant to chapter 11-10.2.d.Change in the number of county commissioners pursuant to chapter 11-12.e.Establishment of a county home rule charter commission for initiating the<br>adoption of a home rule charter or the amendment or repeal of a home rule<br>charter pursuant to chapter 11-09.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a home rule charter or<br>amendment to a home rule charter.f.Adoption of the consolidated office form of county government pursuant to<br>chapter 11-08.g.Adoption of the county manager form of county government pursuant to<br>chapter 11-09.h.Use of other statutory tools relating to social and economic development, land<br>use, transportation and roads, health, law enforcement, administrative and<br>fiscal services, recording and registration services, educational services,<br>environmental quality, water, sewer, solid waste, flood relief, parks and open<br>spaces, hospitals, public buildings, or other county functions or services,<br>including creation of cooperative county job development authorities pursuant<br>to section 11-11.1-03, multicounty health units pursuant to chapter 23-35,Page No. 3regional planning and zoning commissions pursuant to section 11-35-01,<br>boards of joint county park districts pursuant to chapter 11-28 or a combination<br>of boards of park commissioners with a city pursuant to chapter 40-49.1, or<br>multicounty social service districts pursuant to chapter 50-01.1.i.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.j.Sharing of elective or appointive county officers with other counties, cities, or<br>other political subdivisions pursuant to chapter 11-10.3.k.Initiation of the multicounty home rule charter process or the amendment or<br>repeal of a multicounty home rule charter pursuant to section 11-09.1-04.1, or<br>the adoption, amendment, or repeal of ordinances to implement the charter.<br>The recommendation may include a specific nonbinding proposal or draft for a<br>multicounty home rule charter.l.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.m.Transfer of a power or function of another political subdivision to the county<br>pursuant to chapter 54-40.5.n.Creation of a county consolidation committee pursuant to chapter 11-05.1.o.That any other action be taken that is permitted by law.p.That no action be taken.2.With respect to a city:a.Execution of a joint powers agreement between the city and one or more other<br>political subdivisions or the state for the cooperative or joint administration of<br>any service or function pursuant to chapter 54-40.3 or as otherwise specifically<br>provided by law, or an agreement between the city and a tribal government<br>pursuant to chapter 54-40.2.b.Exercise of the city's general authority to contract pursuant to section 40-05-01<br>and any other law, including service agreements with public or private parties<br>under the terms and conditions of the agreements.c.Combination of city officers pursuant to section 40-14-04 or 40-15-05 or the<br>sharing of officers with other cities, counties, or other political subdivisions<br>pursuant to chapter 11-10.3.d.An increase or decrease in the number of members of the governing body of a<br>city pursuant to section 40-06-09.e.Establishment of a city home rule charter commission for initiating the adoption<br>of a home rule charter or the amendment or repeal of a home rule charter<br>pursuant to chapter 40-05.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a city home rule charter or<br>amendment to a home rule charter.Page No. 4f.Adoption of the commission form of city government pursuant to chapter 40-04.g.Adoption of the modern council form of city government pursuant to chapter<br>40-04.1.h.Adoption of the city manager plan pursuant to chapter 40-10.i.Sharing an appointive city officer and function with another city, the county, or<br>another political subdivision pursuant to chapter 11-10.3.j.Initiation of the multicity home rule process or the amendment or repeal of a<br>multicity home rule charter pursuant to section 40-05.1-05.1, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>multicity home rule charter.k.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.l.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.m.Use of other statutory tools for social and economic development, land use,<br>transportation, health, fire and police protection, street construction and<br>maintenance, assessment, financing, accounting, legal, environmental quality,<br>water, sewer, solid waste, flood relief, parks and open spaces, hospitals, public<br>buildings, or other city functions or services, including the creation of<br>cooperative city job development authorities pursuant to section 40-57.4-03.n.Transfer of a power or function of the city to the county pursuant to chapter<br>54-40.5.o.Consolidation of cities pursuant to chapter 40-53.2.p.Dissolution of a city pursuant to chapter 40-53.1.q.That any other action be taken that is permitted by law.r.That no action be taken.3.With respect to a township:a.Execution of a joint powers agreement between the township and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the township and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the township's general authority to contract pursuant to section<br>58-03-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.Page No. 5d.Combination of the offices of township clerk and treasurer pursuant to section<br>58-05-02 or the sharing of officers with other townships or other political<br>subdivisions pursuant to chapter 11-10.3.e.An increase in the number of board of township supervisors from three to five<br>pursuant to section 58-04-02.1.f.Contract with the county, another political subdivision, or any individual for<br>assessor services pursuant to section 58-05-02.g.Consolidation of boards of township officers pursuant to chapter 58-05.1.h.Transfer of a power or function of the township to the county pursuant to<br>chapter 54-40.5.i.Creation of an organized civil township pursuant to chapter 58-02.j.Division or annexation of a township pursuant to chapter 58-02.k.Dissolution of the township pursuant to chapter 58-02.l.That any other action be taken that is permitted by law.m.That no action be taken.4.With respect to a city park district:a.Execution of a joint powers agreement between the city park district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the city park<br>district and a tribal government pursuant to chapter 54-40.2.b.Exercise of the city park district's general authority to contract pursuant to<br>section 40-49-04 and any other law, including service agreements with public or<br>private parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.d.An increase or decrease in the number of board members pursuant to sections<br>40-49-07.1 and 40-49-07.2.e.Transfer of a power or function of the city park district to the county pursuant to<br>chapter 54-40.5.f.Combination of the city board of park commissioners with other city or county<br>boards of park commissioners pursuant to chapter 40-49.1.g.Sharing of officers with other city park districts or other political subdivisions<br>pursuant to chapter 11-10.3.h.Dissolution of the city park district pursuant to sections 40-49-07.1 and<br>40-49-07.2.i.That any other action be taken that is permitted by law.j.That no action be taken.Page No. 65.With respect to a school district:a.Execution of a joint powers agreement between the school district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, including the exercise of the general<br>powers to make contract for joint educational endeavors, or an agreement<br>between the school district and a tribal government pursuant to chapter<br>54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.An increase or decrease in the number of school board members pursuant to<br>section 15.1-09-01.d.Sharing of officers with other school districts or other political subdivisions<br>pursuant to chapter 11-10.3.e.School district annexation or reorganization.f.Transfer of a power or function of the school district to the county pursuant to<br>chapter 54-40.5.g.That any other action be taken that is permitted by law.h.That no action be taken.6.With respect to other political subdivisions, including rural ambulance service<br>districts, rural fire protection districts, irrigation districts, hospital districts, soil<br>conservation districts, and recreation service districts:a.Execution of a joint powers agreement between the political subdivision and<br>one or more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the political<br>subdivisions and a tribal government pursuant to chapter 54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.Sharing of officers with other political subdivisions pursuant to chapter 11-10.3.d.Transfer of a power or function of the political subdivision to the county<br>pursuant to chapter 54-40.5.e.That any other action be taken that is permitted by law.f.That no action be taken.Page No. 7Document Outlinechapter 40-01.1 local governance advisory study
CHAPTER 40-01.1LOCAL GOVERNANCE ADVISORY STUDY40-01.1-01.Advisory study of local governance options.An advisory studycommittee may be established under this chapter to provide local citizens and leaders with the<br>means for fully and adequately studying options available for positioning their local governments<br>for effective, creative, and efficient service in the future, in a manner suited to the economic,<br>social, geographic, demographic, and other circumstances influencing the needs and resources<br>of local communities. An advisory study committee is encouraged to prepare a comprehensive<br>program for the performance of local government functions and the furnishing of local<br>government services within the jurisdiction of the governing body or cooperating governing<br>bodies that established the committee. In its study, the committee may consider:1.The need for maintaining citizen access to, control of, and participation in local<br>government;2.The existing land use within the area, including the location of highways and natural<br>geographic barriers to, and routes for, transportation;3.The need for organized local government functions, services, and controls; the<br>present cost and adequacy of local government functions, services, and controls;<br>probable future needs for those functions, services, and controls; and the probable<br>effect of alternative courses of action on the cost and adequacy of local government<br>functions, services, and controls;4.The trends in population density and distribution, and the potential or likelihood for<br>significant growth or decline;5.The tax base and other factors bearing on the capacity for local government to<br>provide essential functions and services necessary to the general welfare of local<br>citizens;6.The boundaries of existing units of local government;7.Data necessary for analyzing the strengths, weaknesses, challenges, and<br>opportunities that are unique to the community; and8.Other factors that may affect the provision of local government functions, services,<br>and controls.40-01.1-02. Local advisory study committee.1.The governing body or electors of a county, city, city park district, township, school<br>district, or any other political subdivision of this state may establish an advisory<br>committee to study the existing form and powers of that political subdivision for<br>comparison with other forms and powers available under the laws of this state. A<br>local advisory study committee is established:a.By a majority vote of the governing body; orb.By a petition signed by ten percent or more of the total number of qualified<br>electors of the political subdivision voting for governor at the most recent<br>gubernatorial election and submitted to the governing body.2.The governing body shall appoint the members of the advisory study committee and<br>set the duration of the committee.The members are not entitled to receivecompensation, but may receive actual and necessary expenses incurred in the<br>performance of official duties as determined by the governing body.Page No. 13.The governing body may provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations;e.Cooperate with a like committee established pursuant to this section by another<br>political subdivision in the conduct of the study. A cooperative study does not<br>preclude a study committee from making separate recommendations to the<br>governing body; andf.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-03. Cooperative advisory study committee.1.The governing bodies of any two or more political subdivisions, including any<br>combination of counties, cities, city park districts, townships, school districts, or other<br>political subdivisions, may establish an advisory committee to study the potential for<br>cooperative or combined efforts for providing local government functions and<br>services. A cooperative advisory study committee is established:a.By execution of a joint powers agreement between participating political<br>subdivisions or by joint resolution pursuant to separate majority votes of each<br>participating governing body; orb.By petitions signed by ten percent or more of the total number of qualified<br>electors of each affected political subdivision voting for governor at the most<br>recent gubernatorial election and submitted to the governing bodies.2.The composition and duration of the advisory study committee is as prescribed in<br>the joint powers agreement, resolutions of the governing bodies, or petitions.<br>However, the governing bodies may agree, by joint resolution, to limit the duration or<br>composition of the advisory study committee created by petition pursuant to<br>subdivision b of subsection 1.Any vacancy may be filled as prescribed in theagreement, resolution, or petitions or, if not prescribed, by the governing body that<br>was represented by the person vacating the position.3.A governing body may agree to provide office and meeting space and legal, clerical,<br>facilitation, training, and other assistance to the study committee, and may<br>appropriate funds in its final budget, or expend any unexpended balances in its<br>general fund otherwise designated for current expenditure, for the necessary<br>expenses of the advisory study committee. The committee, with the approval of the<br>governing body, may:Page No. 2a.Employ and fix the compensation and duties of necessary staff;b.Contract and cooperate with other individuals and public or private agencies<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that may include persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of the committee's purpose, progress, conclusions, and<br>recommendations; ande.Do any other act consistent with and reasonably required to perform its<br>advisory function.40-01.1-04.Advisory recommendations.A local or cooperative advisory studycommittee established for one or more political subdivisions may recommend that a local<br>governing body or the electors pursue any course of action permitted by law or home rule charter<br>for that political subdivision. The committee may recommend:1.With respect to a county:a.Execution of a joint powers agreement between the county and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the county and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the county's general authority to contract pursuant to section<br>11-10-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Combination or separation of any elective or appointive county office and<br>corresponding functions, or redesignation of any county office as elective or<br>appointive, pursuant to chapter 11-10.2.d.Change in the number of county commissioners pursuant to chapter 11-12.e.Establishment of a county home rule charter commission for initiating the<br>adoption of a home rule charter or the amendment or repeal of a home rule<br>charter pursuant to chapter 11-09.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a home rule charter or<br>amendment to a home rule charter.f.Adoption of the consolidated office form of county government pursuant to<br>chapter 11-08.g.Adoption of the county manager form of county government pursuant to<br>chapter 11-09.h.Use of other statutory tools relating to social and economic development, land<br>use, transportation and roads, health, law enforcement, administrative and<br>fiscal services, recording and registration services, educational services,<br>environmental quality, water, sewer, solid waste, flood relief, parks and open<br>spaces, hospitals, public buildings, or other county functions or services,<br>including creation of cooperative county job development authorities pursuant<br>to section 11-11.1-03, multicounty health units pursuant to chapter 23-35,Page No. 3regional planning and zoning commissions pursuant to section 11-35-01,<br>boards of joint county park districts pursuant to chapter 11-28 or a combination<br>of boards of park commissioners with a city pursuant to chapter 40-49.1, or<br>multicounty social service districts pursuant to chapter 50-01.1.i.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.j.Sharing of elective or appointive county officers with other counties, cities, or<br>other political subdivisions pursuant to chapter 11-10.3.k.Initiation of the multicounty home rule charter process or the amendment or<br>repeal of a multicounty home rule charter pursuant to section 11-09.1-04.1, or<br>the adoption, amendment, or repeal of ordinances to implement the charter.<br>The recommendation may include a specific nonbinding proposal or draft for a<br>multicounty home rule charter.l.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.m.Transfer of a power or function of another political subdivision to the county<br>pursuant to chapter 54-40.5.n.Creation of a county consolidation committee pursuant to chapter 11-05.1.o.That any other action be taken that is permitted by law.p.That no action be taken.2.With respect to a city:a.Execution of a joint powers agreement between the city and one or more other<br>political subdivisions or the state for the cooperative or joint administration of<br>any service or function pursuant to chapter 54-40.3 or as otherwise specifically<br>provided by law, or an agreement between the city and a tribal government<br>pursuant to chapter 54-40.2.b.Exercise of the city's general authority to contract pursuant to section 40-05-01<br>and any other law, including service agreements with public or private parties<br>under the terms and conditions of the agreements.c.Combination of city officers pursuant to section 40-14-04 or 40-15-05 or the<br>sharing of officers with other cities, counties, or other political subdivisions<br>pursuant to chapter 11-10.3.d.An increase or decrease in the number of members of the governing body of a<br>city pursuant to section 40-06-09.e.Establishment of a city home rule charter commission for initiating the adoption<br>of a home rule charter or the amendment or repeal of a home rule charter<br>pursuant to chapter 40-05.1, or the adoption, amendment, or repeal of<br>ordinances for implementing a home rule charter. The recommendation may<br>include a specific nonbinding proposal or draft for a city home rule charter or<br>amendment to a home rule charter.Page No. 4f.Adoption of the commission form of city government pursuant to chapter 40-04.g.Adoption of the modern council form of city government pursuant to chapter<br>40-04.1.h.Adoption of the city manager plan pursuant to chapter 40-10.i.Sharing an appointive city officer and function with another city, the county, or<br>another political subdivision pursuant to chapter 11-10.3.j.Initiation of the multicity home rule process or the amendment or repeal of a<br>multicity home rule charter pursuant to section 40-05.1-05.1, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>multicity home rule charter.k.Initiation of the county-city home rule process or the amendment or repeal of a<br>county-city home rule charter pursuant to chapter 54-40.4, or the adoption,<br>amendment, or repeal of ordinances to implement the charter.Therecommendation may include a specific nonbinding proposal or draft for a<br>county-city home rule charter.l.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.m.Use of other statutory tools for social and economic development, land use,<br>transportation, health, fire and police protection, street construction and<br>maintenance, assessment, financing, accounting, legal, environmental quality,<br>water, sewer, solid waste, flood relief, parks and open spaces, hospitals, public<br>buildings, or other city functions or services, including the creation of<br>cooperative city job development authorities pursuant to section 40-57.4-03.n.Transfer of a power or function of the city to the county pursuant to chapter<br>54-40.5.o.Consolidation of cities pursuant to chapter 40-53.2.p.Dissolution of a city pursuant to chapter 40-53.1.q.That any other action be taken that is permitted by law.r.That no action be taken.3.With respect to a township:a.Execution of a joint powers agreement between the township and one or more<br>other political subdivisions or the state for the cooperative or joint administration<br>of any service or function pursuant to chapter 54-40.3 or as otherwise<br>specifically provided by law, or an agreement between the township and a tribal<br>government pursuant to chapter 54-40.2.b.Exercise of the township's general authority to contract pursuant to section<br>58-03-01 and any other law, including service agreements with public or private<br>parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.Page No. 5d.Combination of the offices of township clerk and treasurer pursuant to section<br>58-05-02 or the sharing of officers with other townships or other political<br>subdivisions pursuant to chapter 11-10.3.e.An increase in the number of board of township supervisors from three to five<br>pursuant to section 58-04-02.1.f.Contract with the county, another political subdivision, or any individual for<br>assessor services pursuant to section 58-05-02.g.Consolidation of boards of township officers pursuant to chapter 58-05.1.h.Transfer of a power or function of the township to the county pursuant to<br>chapter 54-40.5.i.Creation of an organized civil township pursuant to chapter 58-02.j.Division or annexation of a township pursuant to chapter 58-02.k.Dissolution of the township pursuant to chapter 58-02.l.That any other action be taken that is permitted by law.m.That no action be taken.4.With respect to a city park district:a.Execution of a joint powers agreement between the city park district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the city park<br>district and a tribal government pursuant to chapter 54-40.2.b.Exercise of the city park district's general authority to contract pursuant to<br>section 40-49-04 and any other law, including service agreements with public or<br>private parties under the terms and conditions of the agreements.c.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.d.An increase or decrease in the number of board members pursuant to sections<br>40-49-07.1 and 40-49-07.2.e.Transfer of a power or function of the city park district to the county pursuant to<br>chapter 54-40.5.f.Combination of the city board of park commissioners with other city or county<br>boards of park commissioners pursuant to chapter 40-49.1.g.Sharing of officers with other city park districts or other political subdivisions<br>pursuant to chapter 11-10.3.h.Dissolution of the city park district pursuant to sections 40-49-07.1 and<br>40-49-07.2.i.That any other action be taken that is permitted by law.j.That no action be taken.Page No. 65.With respect to a school district:a.Execution of a joint powers agreement between the school district and one or<br>more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, including the exercise of the general<br>powers to make contract for joint educational endeavors, or an agreement<br>between the school district and a tribal government pursuant to chapter<br>54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.An increase or decrease in the number of school board members pursuant to<br>section 15.1-09-01.d.Sharing of officers with other school districts or other political subdivisions<br>pursuant to chapter 11-10.3.e.School district annexation or reorganization.f.Transfer of a power or function of the school district to the county pursuant to<br>chapter 54-40.5.g.That any other action be taken that is permitted by law.h.That no action be taken.6.With respect to other political subdivisions, including rural ambulance service<br>districts, rural fire protection districts, irrigation districts, hospital districts, soil<br>conservation districts, and recreation service districts:a.Execution of a joint powers agreement between the political subdivision and<br>one or more other political subdivisions or the state for the cooperative or joint<br>administration of any service or function pursuant to chapter 54-40.3 or as<br>otherwise specifically provided by law, or an agreement between the political<br>subdivisions and a tribal government pursuant to chapter 54-40.2.b.Participation in a community or leadership development, assessment,<br>education, planning, or training program offered by any public or private<br>agency, institution, or organization.c.Sharing of officers with other political subdivisions pursuant to chapter 11-10.3.d.Transfer of a power or function of the political subdivision to the county<br>pursuant to chapter 54-40.5.e.That any other action be taken that is permitted by law.f.That no action be taken.Page No. 7Document Outlinechapter 40-01.1 local governance advisory study
