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<br />ATTORNEY GENERAL'S OPINION 98-14 <br />'May 12, 1998 <br />Page 2 <br /> <br />- ANALYSES - <br /> <br />1. <br /> <br />North Dakota law provides that, without county home rule, a county <br />may combine any elective county office with one or more functionally <br />related elective or appointive county offices, separate an elective <br />county office into two or more elective or appointive offices, or <br />redesignate an elective office as an appointive office or an <br />appointive office as an elective office. N.D.C.C. ~ 11-10.2-01(1). <br />There are two statutory methods for accomplishing these acts. These <br />methods are by a resolution of the board of county commissioners or <br />by an initiative of county electors. N.D.C.C. ~ 11-10.2-02. The <br />combination or separation of elective county offices, or <br />redesignation of a county office as elective or appointive through a <br />resolution of the board of county commissioners may be effected as <br />follows: <br /> <br />1. By resolution of the board of county commissioners, <br />subj ect to the right of referendum in the county <br />electors. The board of county commissioners may by a <br />majority vote adopt a preliminary resolution <br />incorporating a proposed plan for combining or <br />separating county offices, or redesignating a county <br />office as elective or appointive. The board shall <br />cause the complete text of the proposed plan to be <br />published in the official newspaper of the county, at <br />least once during two different weeks within the <br />thirty-day period immediately following the adoption <br />of the preliminary resolution. The board of county <br />commissioners shall hold public hearings and <br />community forums or use other suitable means to <br />disseminate information, receive suggestions and <br />comments, and encourage public discussion of the <br />purpose, conclusions, and recommendations of the <br />plan. Within two years after the adoption of the <br />preliminary resolution, the board of county <br />commissioners may by final resolution approve the <br />plan or amend the plan and approve it for <br />implementation according to its terms. The final <br />resolution may be referred to the qualified electors <br />of the county by a petition protesting the plan. The <br />petition must be signed by ten percent or more of the <br />total number of qualified electors of the county <br />voting for governor at the most recent gubernatorial <br />election, and filed with the county auditor, or <br />