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<br />145 University Ave. West www.lmc.org 6/8/2022 <br />Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2022 All Rights Reserved <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br /> <br /> <br />HANDBOOK FOR MINNESOTA CITIES <br />Chapter 6 <br />Elected Officials and Council <br />Structure and Role <br /> <br />Understand the council’s role in city governance, including eligibility for office, council powers <br />versus individual council member roles, and delegation of council power. Learn about the special <br />roles of the mayor and clerk and use of both independent and advisory boards and commissions. <br />RELEVANT LINKS: I. Elected officials in general <br /> The cornerstone of city government in Minnesota is the elected city <br />council. The council fashions the policies that determine a community’s <br />present and future well-being. Because people look to their local <br />government for leadership, much of the responsibility for community <br />development falls on the shoulders of city council members. <br />Minn. Stat. § 412.02, subd. 1. <br />Minn. Stat. § 412.191, subd. <br />1. <br />Although not all statutory cities have the same elective offices, all must <br />have a mayor and at least three council members. Whether a statutory city <br />elects other officers depends on several factors, including the form of <br />government under which it operates. <br />See Handbook, The Statutory <br />City, for more information <br />about the different forms of <br />statutory city government. <br />The mayor is a member of the council in statutory cities and the clerk is a <br />member of the council in Standard Plan cities. The mayor and clerk in all <br />cities have some special duties. This chapter discusses the duties of these <br />positions and the council’s role in city governance. <br /> For home rule charter cities, the city’s charter specifies the type and <br />number of elected officials. <br /> A. Eligibility for office <br />Minn. Const. art. VII, § 6. <br />Minn. Const. art. XII, §§ 3, <br />4. Minn. Stat. § 201.014. <br />Minn. Stat. § 204B.06. See <br />also, Jude v. Erdahl, 296 <br />Minn. 200, 207 N.W.2d 715 <br />(1973). <br />Minn. Const. art. VII, § 1. <br />The Minnesota Constitution and state statutes set the qualifications for <br />elective office. To hold elective city office, individuals must be qualified <br />city voters, at least 21 years of age on the date of taking office, U.S. <br />citizens, and residents of the city for at least 30 days before the election. <br />An individual who has been convicted of a felony under either state or <br />federal law cannot hold elective office in Minnesota unless the <br />individual’s civil rights have been restored. <br />Minn. Stat. § 351.02(6). <br />Minn. Stat. § 412.02, subd. <br />2a. <br />If an individual fails to qualify for elective office within the allotted time, <br />the city council may, by resolution, declare a vacancy and proceed to fill it <br />by appointment. Individuals appointed to fill vacancies must also satisfy <br />the requirements for elective office. <br />6