N.D. Cent. Code § 11-10.2-03

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.