1. Local Governance recommendation
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1. Local Governance recommendation
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<br />ATTORNEY GENERAL'S OPINION 98-14 <br />May 12, 1998 <br />Page 10 <br /> <br />Supreme Court held that the term "city officers" did not include the <br />governing body and executive officer or mayor. Id. at 634. <br />Therefore, the home rule power of a city to provide for city officers <br />did not give a home rule city authority to change its form of <br />government. Id. Although this holding involves city government <br />instead of county government, it indicates that the intended meaning <br />of "form of government" is only the structure of the governing body <br />and chief executive officer, and does not include other governmental <br />officers. State ex rel. Workmen's Compensation Fund v. E. W. Wylie <br />Co., 58 N.W.2d 76, 82 (N.D. 1953) (intent of one statute may be <br />determined by known interpretation of similar phrase in another <br />statute) . <br /> <br />In conclusion, because the Legislature may provide by law for the <br />establishment and the government of all political subdivisions and <br />for the governmental services which are to be provided by counties, <br />o-it--is rny-.opinion- that N.:B.C;C. !!ll1-10.2~02(1) does -notconflict-with- <br />Article VII, Section 9 or Section 7 of the North Dakota Constitution <br />by allowing the elimination of a county office by resolution of the <br />county commission in addition to the right to petition and demand a <br />vote guaranteed by Article VII, Section 9. <br /> <br />II. <br /> <br />Statutory law provides for an initiative of county electors for the <br />purposes.. of combination or separation of elective county offices, or <br />redesignation of a county office as elective or appointive: <br /> <br />By initiative of county electors. A petition signed by <br />ten percent or more of the total number of qualified <br />electors of the county voting for governor at the most <br />recent gubernatorial election may be submitted to the <br />board of county commissioners, calling upon the board to <br />submi t to the electors the question of adopting a plan <br />described in, or annexed to, the petition. The county <br />auditor, or the functional equivalent of that officer, <br />shall examine the petition and ascertain from the voter <br />list whether or not the petition contains the signatures <br />of a sufficient number of qualified electors. Any <br />insufficiencies may be cured by the filing of an amended <br />petition within thirty days after the county auditor <br />declares the insufficiency. When a plan for the <br />combination or separation of county offices or <br />redesignation of county-offices as elective or appointive <br />is proposed pursuant to this subsection, the board of <br />county commissioners shall submit the proposed plan to a <br />
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