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APPENDIX ASenate Counsel & ResearchG-17 STATE CAPITOLST. PAUL, MN 55155(612) 296-4791FAX (612) 296-7747Jo ANNE ZOFF SELLNERDIRECTORSenateState of MinnesotaJanuary 5, 1994COUNSELPETER S. WATTSONJOHN C. FULLERDANIEL P. MCGOWANKATHLEEN E. PONTIUSALLISON WOLFJOSEPH F. WIERSCHEMGEORGE M. MCCORMICKHANS I. E. BJORNSONKATHERINET. CAVANORJOAN E. WHITETo:From:Subj:Dan Jacobson, Office of the Legislative AuditorPeter S. Wattson, Senate Counse1.~d296-3812Property Right in Appointment as Deputy RegistrarLEGISLATIVEANALYSTSWILLIAM RIEMERMANDAVIDGIELMARK L. FERMANICHRANDAL S. HOVEGREGORY C. KNOPFFPATRICK J. MCCORMACKCATHERINE J. MCMAHONJACK PAULSONCHRIS L. TURNERAMY M. VENNEWITZMAJA WEIDMANNYou have asked whether a private corporation, appointed by theCommissioner of Public Safety to act as a deputy registrar of motor vehicles, hasa property right in that appointment sufficient to require the state to paycompensation to the deputy registrar, if the appointment is terminated pursuantto a law repealing the Commissioner's authority to appoint a corporation as adeputy registrar.In my opinion, the answer is no.The Commissioner of Public Safety's authority to appoint deputy registrarsof motor vehicles is found in Minn. Stat. § 168.33. Subdivision 2 of that sectionspecifically provides that "A corporation governed by chapter 302A may beappointed a deputy registrar," provided that an individual approved by theCommissioner of Public Safety also gives the surety bond required of deputyregistrars. The commissioner may discontinue a deputy registrar's appointment,but only for cause.It is well established that, however valuable a public appointment may beto an individual's income or reputation, the individual has no property right in thecontinuation of the appointment. 15B DUNNELL MINN. DIGEST 2D, PublicOfficers § 1.01 (3d ed. 1980). As the Minnesota Supreme Court has said, "Apublic office is a public trust. . Such offices are created for the benefit of thepublic, not for the benefit of the incumbent." In re Olson, 211 Minn. 114, 117,300 N.W. 398, _._ (1941). The power of the Legislature to create an officecarries with it the power to abolish the office. Starkweather v. Blair, 245 Minn.371, 71 N.W.2d 869 (1955). No further compensation is due to the incumbent of63s~z