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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 13 <br />McCutcheon v. City of St. <br />Paul, 216 N.W.2d 137 <br />(Minn. 1974). <br /> <br />“Compatibility of Offices,” <br />House Research, Rev. July <br />2012. <br /> <br />The common law doctrine of incompatibility applies to the functions of <br />two inconsistent offices. However, there is no clear definition of what <br />constitutes an “office” for the purpose of the law. Certainly, it would <br />include all elected offices and the Minnesota Supreme Court has reasoned <br />that it would also apply to those appointed positions that have independent <br />authority under law to determine public policy or to make a final decision <br />not subject to a supervisor’s approval. As a result, the incompatibility law <br />might also apply to appointed positions such as city administrators, <br />managers, and police chiefs. <br /> 1. Public employment <br /> a. Federal employment <br />5 U.S.C. §§ 7321-7326. <br /> Federal employees are generally prohibited from being candidates in local <br />partisan elections. An election is considered “partisan” if candidates are <br />elected as representing political parties. <br /> b. State employment <br />Minn. Stat. § 43A.32. <br />Minnesota Management & <br />Budget. <br />State employees generally can run for and hold elected office as long as <br />there is no conflict with their regular state employment. The commissioner <br />of Minnesota Management and Budget will determine whether a conflict <br />exists. <br /> c. City employment <br />Minn. Stat. § 410.191. Minn. <br />Stat. § 412.02, subd. 1a. State law prohibits the mayor and council members in both statutory and <br />home rule charter cities from being “employed” by their city. The term <br />“employed” is defined as “full-time permanent employment as defined by <br />the city’s employment policy.” This law applies to persons elected or <br />appointed to serve as mayor or city council members on or after August 1, <br />2010. For part-time positions, it must be determined if the positions <br />qualify as offices and if the elements or responsibilities of the two <br />positions are incompatible with one another. <br /> 2. Incompatible offices <br />A.G. Op. 471-M (Dec. 11, <br />1957). Unless otherwise limited by law, an individual may apply for a job or run <br />for an office that is incompatible with a current position without resigning <br />from the current position. When the individual is elected or appointed to <br />an incompatible office, the individual is considered to have resigned from <br />the first position. <br />See, for example, Minn. Stat. <br />§ 410.191. Minzn. Stat. § <br />412.02, subd. 1a. <br />Generally, positions are incompatible when a specific statute or charter <br />provision: <br />16