12-3903.   Consolidation of operations, procedures and functions by apolitical and taxing subdivision or by two or more subdivisions; procedure;elimination of elective office, election.(a) Whenever the governing body of any political or taxing subdivision ofthis state shall by resolution determine that duplication exists in theoperations, procedures or functions of any of the offices or agencies ofsuch subdivision or that the operations, procedures or functions of any ofthe offices or agencies thereof can be more efficiently and effectivelyexercised or provided as a consolidated activity performed by a singleoffice or agency, or whenever the governing body of any two or morepolitical or taxing subdivisions of this state shall by the passage ofidentical resolutions determine that duplication exists in the operations,procedures or functions of offices or agencies of such subdivisions or thatthe operations, procedures or functions of any of the offices or agenciesthereof can be more efficiently and effectively exercised or provided as aconsolidated activity performed by a single intergovernmental office oragency or by a single office or agency of one of the participatingpolitical or taxing subdivisions, such governing body or governing bodiesare hereby authorized to consolidate any or all of the operations,procedures or functions performed or carried on by such offices or agenciesby the passage of a resolution or identical resolutions setting out thetime, form and manner of consolidation and designating the surviving officeor agency.

      (b)   The elimination of an elective office by consolidation under theprovisions of this act shall be subject to the approval of a majority ofthe electors of the political or taxing subdivision served by such office,voting in the next regular general electionof the county in which the office of governor is elected, and no electiveoffice shall be eliminated prior to such election. Any suchproposed consolidation which eliminates any suchelective office shall provide that the elimination of such office shallbecome effective upon the date of normal expiration of the term of suchoffice. Anysuch proposed consolidation which eliminates any such electiveoffice shall not be voted on by the governing body of the political ortaxing subdivision until a special public hearing is held within thepolitical or taxing subdivision.Notice of such special hearing shall be published in a newspaper ofgeneral circulation in the political or taxing subdivision once each weekfor two consecutive weeks prior to the hearing. The first publicationshall not be less than 21 days prior to such hearing. Any elected officerwhose office would be eliminated in such consolidation and any otherinterested partyshall be given an opportunity to appear and offer testimony atany of such hearings.

      (c)   Whenever the statutorily mandated duties of any elected countyofficial are proposed for elimination, by transfer or otherwise, the questionof the elimination of any such duties shall be considered as an elimination ofthe elective office itself within the meaning of this section, and shall besubject to an election prior to such elimination as required by subsection (b).The provisions of this subsection shall not preclude the transfer of duties ofanelected office with the consent of the affected elected official.

      History:   L. 1974, ch. 426, § 3;L. 1988, ch. 80, § 1;L. 1991, ch. 61, § 1; April 25.