Notice of Public Hearing - August 6, 2024
When:NOTICE OF PUBLIC HEARING
A public hearing will be held on Tuesday, August 6th 2024 at 11:00am. in the Commissioner room at the courthouse in Lakota. The public is encouraged to attend to discuss their suggestions, concerns or recommendations of the following plan.
The Nelson County Commission believes it is in the best long-term interest of Nelson County to provide for the employment of qualified, experienced, knowledgeable and technically competent county officeholders. The Nelson County States Attorney serves as legal counsel and advisor to the county. They represent the state in criminal cases acting as prosecutor. State's Attorneys provide guidance to county commissioners and officials in interpreting the meaning of the N.D. Century Code and legislation. It is in the County’s best interest to ensure continuity of personnel and to consider contingency and transitional planning for the position of Nelson County States Attorney. For those reasons, the Commission believes it is in the best long-term interests of Nelson County to exercise its authority to designate the Office of Nelson County States Attorney as an appointed position, whereby the Nelson County Commission will appoint the Nelson County States Attorney. The Commission has composed the following plan to accomplish this change.
THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF COMMISSIONERS that it gives preliminary approval of the following plan: To designate the office of County States Attorney from elected to appointed. The Nelson County Board of Commissioners has the authority to accomplish this plan through the provisions in pursuant to N.D.C.C. 11-10-2.3 (Tool Chest Provisions).
ANALYSYS:
The County States Attorney is currently elected for a term of four years and takes office the 1st of January succeeding the election. (N.D.C.C. 11-10-05) The position of County States Attorney covers a wide spectrum of duties and responsibilities enumerated throughout the Century Code, but found primarily in N.D.C.C. 11-16. The County States Attorney is the public prosecutor responsible to attend the district court and conduct on behalf of the state all prosecutions for public offenses, as well as, draw all indictments and informations.
The States Attorney also acts as legal adviser of the board of county commissioners, attends the meetings thereof when required, and oppose all claims and actions presented against the county which are unjust or illegal.
THE PLAN:
A measure to make the office of Nelson County States Attorney an appointed position, at the end of the current term, occurring January 1st 2027, will be presented to the people for a vote on the November 5th 2024 General Election Ballot. The person appointed to the position of Nelson County States Attorney at the end of the term of the current officeholder, shall continue in the same capacity, and there will be no changes in duties and/or responsibilities of the Nelson County States Attorney. Upon appointment, the Nelson County States Attorney shall become subject to the terms and conditions of employment as found in the Nelson County Personnel Policy Manual. The salary will be determined at the time of the appointment, and the Nelson County States Attorney shall be granted benefits as an employee equal to the years of service for the County as an employee and/or elected official unless otherwise stated in contracted service.
PROPOSED OFFICE ORGANIZATION:
There are no changes in office organization contemplated by the designation of the Nelson County States Attorney as an appointed position.
EFFECTIVNESS AND EFFICIENCY:
There are no changes in effectiveness and efficiency contemplated by the designation of the Nelson County States Attorney as an appointed position. The responsibilities and duties assigned to the Nelson County States Attorney will be carried out in a manner consistent with the law and without disruption of services provided to the public. The long-term effectiveness and efficiency will be increased, however, insofar as the Nelson County Commission will have the ability to do transition planning to ensure that changes in the Nelson County States Attorney’s Office can be address based upon the needs of the office as opposed to an election schedule.