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 8 <br /> 9. Expiration of elected term <br />Minn. Stat. § 412.02, subd. 2. <br />Minn. Stat. § 205.07, subd. <br />1a. <br />Generally, the vacancy occurring at the conclusion of an incumbent’s term <br />of office is filled immediately by the successor. If no one has been elected, <br />the incumbent fills the office until the council appoints a successor and <br />that person qualifies for the office. <br /> 10. Habitual drunkenness <br />Minn. Stat. § 351.07. State law provides that the habitual drunkenness of any person holding <br />office is good cause for removal from office. <br /> F. Filling vacancies <br />Minn. Stat. § 412.02, subd. <br />2a. <br />A.G. Op. 59a-30 (July 24, <br />1996). <br /> <br />See Accepting Council <br />Member Resignation and <br />Declaring a Vacancy, LMC <br />Model Resolution. <br /> <br />While a council might identify and declare the facts giving rise to a <br />vacancy, for all practical purposes they occur automatically and are not <br />based upon any removal action. Because the council must fill vacancies in <br />elective offices, it should determine whether a vacancy exists. After <br />investigating the facts, the council should pass a resolution declaring a <br />vacancy and then fill it as soon as possible. <br />Minn. Stat. § 412.02, subd. <br />2a. <br /> <br />A.G. Op. 471-M (Oct. 30, <br />1986). <br />State law provides that statutory city councils make the appointment to fill <br />a vacancy, except in the case of a tie vote when the mayor makes the <br />appointment. That means all members of the council, including the mayor, <br />can vote on the appointment. And as long as at least a quorum of the <br />council is present, a majority vote of those present is sufficient to make the <br />appointment. <br /> <br /> <br /> <br />Minn. Stat. § 412.121. Minn. <br />Stat. § 471.46. <br />State law does not place any limitation on a mayor’s ability to make an <br />appointment in the case of a tie vote. As a result, the mayor can appoint <br />any qualified person willing to fill the vacancy even if that person was not <br />the subject of the original appointment vote. If the vacancy is for the <br />mayor’s office and the council casts a tie vote, the acting mayor should <br />make the appointment. The acting mayor may not, however, appoint <br />himself or herself. <br />Minn. Const. art. VII, § 6. The council may appoint any individual who is eligible for election to that <br />office. Generally, to be eligible a person must be a U.S. citizen, a resident <br />of the city, a qualified city voter, and at least 21 years old. The council is <br />not obligated to appoint any candidate previously defeated in an election <br />for the office. <br />Minn. Stat. § 415.15. <br />A.G. Op. 471-M (Dec. 27, <br />1977). <br />A resigning council member may not vote on the appointment of the <br />successor to that vacancy. A council member who is elected mayor, <br />however, may participate in the appointment vote to fill the vacancy in his <br />or her former council position. <br />11