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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 9 <br />Minn. Stat. § 412.02, subd. <br />2a. Under certain circumstances, individuals appointed to fill council <br />vacancies serve on a temporary basis, and the city must hold a special <br />election to elect a permanent replacement to fill the vacancy. Two factors <br />determine whether an election is required: first, whether filing has opened <br />for the next regular city election, and second, the length of the unexpired <br />portion of the term at the time of the vacancy. <br />Minn. Stat. § 412.02, subd. <br />2a. If the vacancy occurs on or after the first day to file as a candidate for the <br />next regular city election or if less than two years remain in the unexpired <br />term, the city does not need to hold a special election, and the appointed <br />person can serve out the remainder of the unexpired term. In the <br />alternative, if the vacancy occurs before the first day to file as a candidate <br />for the next regular city election and more than two years remain in the <br />unexpired term, the city must hold a special election to fill the council <br />vacancy at or before the next regular city election, and the person elected <br />will serve out the remainder of the unexpired term. <br />Minn. Stat. § 412.02, subd. <br />2a. See LMC information <br />memo, City Special <br />Elections, for more <br />information. <br />If the council chooses to hold a special election to fill a vacancy at a time <br />other than at the regular city election, it must first adopt an ordinance <br />specifying the circumstances under which such an election will be held. <br />Minn. Stat. § 412.02, subd. 2. <br />Minn. Stat. § 205.07, subd. <br />1a. A.G. Op. 471-M (Nov. <br />23, 1999). <br /> <br />State law generally provides that the terms of elected city officials begin <br />on the first Monday in January following the election. However, the <br />attorney general has advised that a person elected to fill a vacancy is <br />eligible to qualify and assume office upon receipt of an election certificate. <br /> G. Council members ineligible to fill certain <br />vacancies <br />Minn. Stat. § 471.46. City council members, including mayors and elected clerks, may not be <br />considered to fill vacancies in other city elective offices if the council has <br />the power to make the appointment to fill the vacancy. This rule applies <br />even if a council member resigns the position on the council before the <br />council makes the appointment. <br /> An exception to this rule is that the council may appoint one of its <br />members to the office of either mayor or clerk. In such a case, the council <br />member being considered for the appointment may not vote. <br /> H. Gifts <br />Minn. Stat. § 471.895. <br />Minn. Stat. § 10A.071, subd. <br />1. Minn. Stat. § 471.895, <br />subd. 1(b). <br />Elected and appointed “local officials” are generally prohibited from <br />accepting gifts from “interested persons.” A “gift” is defined as money, <br />real or personal property, a service, a loan, a forbearance or forgiveness of <br />debt, or a promise of future employment, that is given and received <br />without the giver receiving something of equal or greater value in return. <br />12