M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Outline of Pertinent Statutory Provisions
This memo outlines statutes citing potential persons for achieving service upon a governmental entity.
Chapter 40-05.1 "Home Rule in Cities."
"40-05.1-00.1. Definitions. In this chapter, unless the context or subject matter otherwise requires:
"1.'City officers' means the elected and appointed officers of the city and includes the governing board of the city and its members.
"2.'Executive officer' means the chief officer in whom resides the power to execute the laws of the city.
"3.'Governing body' means the body which performs the legislative functions of the city."
Chapter 40-08 "Governing Body and Executive Officer in Council Cities."
"40-08-01. City council - Who constitutes. The governing body of a city operating under the council form of government is the city council, which is composed of the mayor and council members."
Chapter 40-09 "Governing Body and Executive Officer in Commission Cities."
"40-09-01. Board of city commissioners - Composition. The governing body of a city operating under the commission system of government is the board of city commissioners which is composed of the president of the board of city commissioners and not less than three city commissioners. The number of city commissioners may be increased or decreased pursuant to section 40-06-09."
"40-09-08. President of board as executive officer - Duties - No veto power. The president of the board of city commissioners shall be the executive officer of the city and he shall see that all the laws of the city are enforced. He shall have the right to vote as a member of the board, but he shall have no veto power."
Chapter 40-10 "City Manager Plan."
"40-10-03. City manager - How selected - Qualifications - Compensation - Term. The city manager shall be the chief administrative officer of the city and shall be chosen by the governing body solely on the basis of his qualifications. The choice shall be limited to the inhabitants of the city or state, and a majority vote of the members of the governing body shall be necessary to make the choice. The city manager shall receive a compensation of not less than one thousand dollars a year and shall be chosen for an indefinite term."
Chapter 58-05 "Township Officers Generally."
"58-05-02. Officers of a township - Terms of office. The elected officers of a civil township must be:
"1. Three or five supervisors.
"2. One township clerk.
"3.One assessor except as herein provided.
"4. One treasurer."
III. School District
Chapter 15-29 "Powers and Duties of Public School District Officers."
Section 15-29-01 "School board - Quorum - Majority vote."
Section 15-29-03 "Organization of school board - Election of President."
Section 15-29-03.1 "School district business manager to be substituted for school district treasurer and clerk."
IV. Park District
Chapter 11-28 "County Parks and Recreational Areas."
Section 11-28-01 "Board of county park commissioners - Appointment by county commissioners - Number."
Section 11-28-05 "Powers and duties of the board of park commissioners."
Chapter 11-08 "County Consolidation Office Form of County Government."
"11-08-06. Officers in county adopting consolidated office form of government. In addition to the board of county commissioners provided for by this title, the offices in a county which has adopted the county consolidated office form of government are as follows:
"1.One county auditor who shall be ex officio register of deeds and clerk of the district court.
"2.One state's attorney.
"4.One county treasurer, unless the office with its attendant powers and duties is combined with and conferred upon the county auditor by the board of county commissioners but no added compensation may be paid the county auditor in said capacity.
"5.Repealed by S.L. 1989, ch. 137, § 10, effective January 1, 1993.
Chapter 11-09 "County Managership."
Section 11-09-08 "Board of county commissioners."
Section 11-09-12 "Powers and duties of county manager."
Chapter 11-09.1 "Home Rule Counties."
Chapter 11-10 "General Provisions [Governing County]."
"11-10-02 "Number and election of county officers. Each organized county, unless it has adopted one of the optional forms of county government provided by the code or has combined or separated the functions of county offices or redesignated offices as elective or appointive pursuant to chapter 11-10.2 or 11-10.3, must have the following officers:
"1.One county auditor.
"2.One register of deeds.
"3.One clerk of the district court, except as otherwise provided by this section.
"4.One state's attorney.
"6.One county treasurer.
"8. A board of county commissioners consisting of three or five members as provided in this title."