Laserfiche WebLink
RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 6/8/2022 <br />Elected Officials and Council Structure and Role Chapter 6 | Page 7 <br /> 4. Termination of city residency <br />Minn. Stat. § 351.02(4). <br />A.G. Op. 126-h (Oct. 19, <br />1955). <br />A vacancy occurs when a city council member ceases to be a resident of <br />the city. Residence is a factual question the council must determine in each <br />case. Voting in the city is only one indication of residence. The office <br />holder’s intent and availability to perform official duties are additional <br />criteria that should be considered. A council member becomes a <br />non-resident when the property where the council member lives is <br />detached from the city. <br /> 5. Failure to qualify for office <br />Minn. Stat. § 351.02(6). An elected official may fail to qualify for office by refusing or neglecting <br />to take the oath of office, to give or renew an official bond, or to deposit <br />such oath or bond within the time prescribed by law. This type of vacancy <br />is not automatic. A newly elected official may qualify at any time prior to <br />the council declaring the office vacant. <br /> 6. Abandonment <br />A.G. Op. 99 (Aug. 26, 1920). Whether an abandonment of office actually occurs is difficult to <br />determine. The intent of the office holder is the controlling factor. The <br />attorney general, while cautioning that this is a question of fact, has <br />indicated that failure to participate in council activities for three months is <br />sufficient grounds for declaring an abandonment of office. <br /> 7. 90-day absence rule <br />Minn. Stat. § 412.02, subd. <br />2b. A vacancy in the office of mayor or council member may be declared by <br />the council when the office holder is unable to serve in the office or to <br />attend council meetings for a 90-day period because of illness, or because <br />of absence from or refusal to attend council meetings. If any of the <br />preceding conditions occur, the council may, by resolution, declare a <br />vacancy and then fill it at a regular or special council meeting. The <br />appointed council member will serve for the remainder of the unexpired <br />term, or until the absent council member is again able to resume duties and <br />attend council meetings, whichever is earlier. When the absent council <br />member is able to resume duties and attend council meetings, the council <br />shall, by resolution, remove the temporary office holder and restore the <br />original office holder. <br /> 8. Qualifying for a second or incompatible office <br />See LMC information memo, <br />Official Conflict of Interest <br />for more information. <br />If an officer accepts a second office that is incompatible with the first, the <br />first office is automatically vacated. (Section J of this chapter discusses <br />incompatible offices in more detail). <br />10