12-3903.Consolidation of operations, procedures and functions by a
political 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 of
this state shall by resolution determine that duplication exists in the
operations, procedures or functions of any of the offices or agencies of
such subdivision or that the operations, procedures or functions of any of
the offices or agencies thereof can be more efficiently and effectively
exercised or provided as a consolidated activity performed by a single
office or agency, or whenever the governing body of any two or more
political or taxing subdivisions of this state shall by the passage of
identical resolutions determine that duplication exists in the operations,
procedures or functions of offices or agencies of such subdivisions or that
the operations, procedures or functions of any of the offices or agencies
thereof can be more efficiently and effectively exercised or provided as a
consolidated activity performed by a single intergovernmental office or
agency or by a single office or agency of one of the participating
political or taxing subdivisions, such governing body or governing bodies
are hereby authorized to consolidate any or all of the operations,
procedures or functions performed or carried on by such offices or agencies
by the passage of a resolution or identical resolutions setting out the
time, form and manner of consolidation and designating the surviving office
or agency.
(b) The elimination of an elective office by consolidation under the
provisions of this act shall be subject to the approval of a majority of
the electors of the political or taxing subdivision served by such office,
voting in the next regular general election
of the county in which the office of governor is elected, and no elective
office shall be eliminated prior to such election. Any such
proposed consolidation which eliminates any such
elective office shall provide that the elimination of such office shall
become effective upon the date of normal expiration of the term of such
office. Any
such proposed consolidation which eliminates any such elective
office shall not be voted on by the governing body of the political or
taxing subdivision until a special public hearing is held within the
political or taxing subdivision.
Notice of such special hearing shall be published in a newspaper of
general circulation in the political or taxing subdivision once each week
for two consecutive weeks prior to the hearing. The first publication
shall not be less than 21 days prior to such hearing. Any elected officer
whose office would be eliminated in such consolidation and any other
interested party
shall be given an opportunity to appear and offer testimony at
any of such hearings.
(c) Whenever the statutorily mandated duties of any elected county
official are proposed for elimination, by transfer or otherwise, the question
of the elimination of any such duties shall be considered as an elimination of
the elective office itself within the meaning of this section, and shall be
subject to an election prior to such elimination as required by subsection (b).
The provisions of this subsection shall not preclude the transfer of duties of
an
elected 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.
12-3903.Consolidation of operations, procedures and functions by a
political 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 of
this state shall by resolution determine that duplication exists in the
operations, procedures or functions of any of the offices or agencies of
such subdivision or that the operations, procedures or functions of any of
the offices or agencies thereof can be more efficiently and effectively
exercised or provided as a consolidated activity performed by a single
office or agency, or whenever the governing body of any two or more
political or taxing subdivisions of this state shall by the passage of
identical resolutions determine that duplication exists in the operations,
procedures or functions of offices or agencies of such subdivisions or that
the operations, procedures or functions of any of the offices or agencies
thereof can be more efficiently and effectively exercised or provided as a
consolidated activity performed by a single intergovernmental office or
agency or by a single office or agency of one of the participating
political or taxing subdivisions, such governing body or governing bodies
are hereby authorized to consolidate any or all of the operations,
procedures or functions performed or carried on by such offices or agencies
by the passage of a resolution or identical resolutions setting out the
time, form and manner of consolidation and designating the surviving office
or agency.
(b) The elimination of an elective office by consolidation under the
provisions of this act shall be subject to the approval of a majority of
the electors of the political or taxing subdivision served by such office,
voting in the next regular general election
of the county in which the office of governor is elected, and no elective
office shall be eliminated prior to such election. Any such
proposed consolidation which eliminates any such
elective office shall provide that the elimination of such office shall
become effective upon the date of normal expiration of the term of such
office. Any
such proposed consolidation which eliminates any such elective
office shall not be voted on by the governing body of the political or
taxing subdivision until a special public hearing is held within the
political or taxing subdivision.
Notice of such special hearing shall be published in a newspaper of
general circulation in the political or taxing subdivision once each week
for two consecutive weeks prior to the hearing. The first publication
shall not be less than 21 days prior to such hearing. Any elected officer
whose office would be eliminated in such consolidation and any other
interested party
shall be given an opportunity to appear and offer testimony at
any of such hearings.
(c) Whenever the statutorily mandated duties of any elected county
official are proposed for elimination, by transfer or otherwise, the question
of the elimination of any such duties shall be considered as an elimination of
the elective office itself within the meaning of this section, and shall be
subject to an election prior to such elimination as required by subsection (b).
The provisions of this subsection shall not preclude the transfer of duties of
an
elected 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.
12-3903.Consolidation of operations, procedures and functions by a
political 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 of
this state shall by resolution determine that duplication exists in the
operations, procedures or functions of any of the offices or agencies of
such subdivision or that the operations, procedures or functions of any of
the offices or agencies thereof can be more efficiently and effectively
exercised or provided as a consolidated activity performed by a single
office or agency, or whenever the governing body of any two or more
political or taxing subdivisions of this state shall by the passage of
identical resolutions determine that duplication exists in the operations,
procedures or functions of offices or agencies of such subdivisions or that
the operations, procedures or functions of any of the offices or agencies
thereof can be more efficiently and effectively exercised or provided as a
consolidated activity performed by a single intergovernmental office or
agency or by a single office or agency of one of the participating
political or taxing subdivisions, such governing body or governing bodies
are hereby authorized to consolidate any or all of the operations,
procedures or functions performed or carried on by such offices or agencies
by the passage of a resolution or identical resolutions setting out the
time, form and manner of consolidation and designating the surviving office
or agency.
(b) The elimination of an elective office by consolidation under the
provisions of this act shall be subject to the approval of a majority of
the electors of the political or taxing subdivision served by such office,
voting in the next regular general election
of the county in which the office of governor is elected, and no elective
office shall be eliminated prior to such election. Any such
proposed consolidation which eliminates any such
elective office shall provide that the elimination of such office shall
become effective upon the date of normal expiration of the term of such
office. Any
such proposed consolidation which eliminates any such elective
office shall not be voted on by the governing body of the political or
taxing subdivision until a special public hearing is held within the
political or taxing subdivision.
Notice of such special hearing shall be published in a newspaper of
general circulation in the political or taxing subdivision once each week
for two consecutive weeks prior to the hearing. The first publication
shall not be less than 21 days prior to such hearing. Any elected officer
whose office would be eliminated in such consolidation and any other
interested party
shall be given an opportunity to appear and offer testimony at
any of such hearings.
(c) Whenever the statutorily mandated duties of any elected county
official are proposed for elimination, by transfer or otherwise, the question
of the elimination of any such duties shall be considered as an elimination of
the elective office itself within the meaning of this section, and shall be
subject to an election prior to such elimination as required by subsection (b).
The provisions of this subsection shall not preclude the transfer of duties of
an
elected 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.