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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 4 <br />Minn. Stat. § 10A.01, subd. <br />26. Minn. Stat. § 10A.07. <br />Minn. Stat. § 10A.09, subds. <br />1, 6a. <br />Elected and some appointed local officials of cities with populations over <br />50,000 located in the seven-county metropolitan area must comply with <br />reporting requirement regarding conflict-of-interest disclosure and <br />economic-interest reporting. Candidates for local elected office in these <br />cities must submit statements of economic interest to the city council <br />within 14 days of filing an affidavit of candidacy. <br />See LMC information memo, <br />Official Conflict of Interest. Persons accepting employment as public or local officials in these cities <br />must file the disclosure statement within 60 days of accepting <br />employment. In both cases, the law requires the filing of annual <br />statements. <br /> B. Terms of office <br />Minn. Stat. § 412.02, subd. 2. <br />Minn. Stat. 351.02. Minn. <br />Stat. § 205.07, subd. 1a. <br /> <br />A.G. Op. 471-M (Nov. 23, <br />1999). <br /> <br />Terms of office in statutory cities begin on the first Monday in January <br />following the election. The terms of the old officers in statutory cities end <br />at this time, or as soon after that as the newly elected officers qualify by <br />taking an oath and filing a bond, if one is required. If the newly elected <br />officer refuses or fails to qualify, the incumbent officer continues to hold <br />office until the council declares the office vacant and appoints a successor. <br />The terms of all city council members in charter cities expire on the first <br />Monday in January of the year in which they expire. All officers of charter <br />cities chosen and qualified shall hold office until their successors qualify. <br />The length of the various terms of office is provided by statute. 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 /> C. Oath of office <br />Minn. Stat. § 358.05. Whether or not public officials need a bond, they must take and sign an <br />oath of office before exercising any of their powers. This includes <br />members of councils, boards, commissions, and administrative officers. <br />This applies to appointed as well as to elected officials. <br />Minn. Stat. § 358.05. State v. <br />Schram, 85 N.W. 155 (1901) <br />(concluding that the position <br />of village marshal was a <br />public office for purposes of <br />an oath requirement). <br />It is not clear whether appointed city clerks or individuals holding other <br />appointed city positions are required to take and sign an oath of office. The <br />answer will depend on whether a particular appointed position would be <br />considered a “public office” within the meaning of the statute requiring the <br />oath. There are no administrative opinions or court decisions that address <br />the issue of whether an appointed city clerk holds a public office for <br />purposes of the oath requirement. A city should seek a legal opinion from <br />its city attorney to determine whether an individual holding a particular <br />appointed position must take and sign an oath. <br />7