N.D. Cent. Code § 11-10.2-03
11-10.2-03. Analysis required - Contents of plan - Limitations
11-10.2-03. Analysis required - Contents of plan - Limitations
1. A proposed plan for combining or separating county elective offices, or redesignating a
county office as elective or appointive, must be based on an analysis of each affected
office, which may include an analysis of:
a. The existing office organization, functions, and procedures established for
providing governmental services;
b. The proposed office organization, functions, and procedures; and
c. How the proposal may improve the effectiveness and efficiency of county
government and its responsiveness and accountability to local citizens.
2. The analysis may be performed as part of a study process initiated pursuant to chapter
40-01.1.
3. A proposed plan for combining or separating county elective offices, or redesignating a
county office as elective or appointive, may include provision for:
a. The selection, powers, duties, functions, qualifications and training, terms, and
compensation of the affected county offices, notwithstanding any other law;
b. Selection, transfer, reassignment, or termination of personnel associated with
each affected office;
c. The election or appointment of a county manager, notwithstanding the provisions
of chapter 11-09;
d. Transition in implementation of the plan, including elements that consider the
reasonable expectations of current officeholders such as delayed effective dates
for implementation at the end of a current term or a future term, upon the
occurrence of a vacancy, or on a date certain;
e. The limited application or temporary implementation of the plan, including
provisions that permit implementation on an experimental or pilot basis such as
the expiration of the plan on a date certain in the future, required reapproval of
the plan by the electors at a future date, or a phased-in implementation of
different components of the plan; and
f. Any other provision deemed necessary for combining or separating the offices or
redesignating an office as elective or appointive.
4. A plan may not propose to diminish the term of office for which a current county officer
was elected, redesignate that elected office during that term as appointed, or reduce
the salary of the office for that term. The plan may not diminish the general
responsibility of county government to perform any function or provide any service that
is required by law to be performed or provided by county government.
5. A proposed plan may not diminish the future term of office, or redesignate an elected
office as appointed, with respect to any person who, on August 1, 1993, holds an
elected county office and continues to hold that specific office for future terms on an
uninterrupted basis. This subsection does not apply after January 1, 2002, or if the
person holding the affected office consents in writing to the proposed plan and files
that written document prior to the scheduled implementation of the plan with the district
court for the county.