01-08-2024 CC Agenda Packet - work session

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RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 6/8/2022 Elected Officials and Council Structure and Role Chapter 6 | Page 5 See Minn. Const. art. V, § 6. Minn. Stat. § 358.06. Sample Oath of Office and Acceptance, Minnesota Secretary of State. The required oath is: “I, (name), do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (insert brief description of office) of the city of (insert city), Minnesota, to the best of my judgment and ability, so help me God.” Minn. Stat. § 358.08. If the officer objects to an oath on religious grounds, the word “affirm” can substitute for the word “swear,” and the phrase “and this I do under the penalties of perjury” can substitute for the phrase “so help me God.” Minn. Stat. § 358.09. Minn. Stat. § 358.10. Minn. Stat. § 358.52, subd. 6. Minn. Stat. § 358.11(3). Any person with authority to take and certify acknowledgments may administer the oath, including the city clerk, a justice of the peace, a notary public, or a register of deeds. The candidate taking the oath must lift his or her hand while reciting the oath. The candidate qualifying for office must take the oath and sign a copy of the oath in the presence of the administering official. The signed copy should go to the city clerk for filing. City assessors should file their copy with the county auditor. LMCIT Property, Crime, Bond, and Petrofund Coverage Guide, Section VII-A, Bond coverage. If an officer must also submit a bond, the oath should be attached to the bond and both documents should go to the council for approval and then to the clerk for filing. The LMCIT memo linked at left contains information on which public officers must or may be bonded. D. Term limits Minn. Const. art. VII, § 6. Minn. Const. art. XII, §§ 3, 4. Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995). The Minnesota Constitution establishes the eligibility requirements for public office without authorizing the adoption of additional requirements. Therefore, a charter city may not enact term limits as an eligibility requirement. E. Vacancies Minn. Stat. § 351.02. Vacancies in an elective office in a statutory or home rule charter city may occur for the following reasons: 1. Death Minn. Stat. § 351.02(1), (8). The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office, the vacancy exists from the date the term would have started. 2. Resignation Minn. Stat. § 351.02(2). Minn. Stat. § 351.01, subd. 1. A resigning elected public official must submit a written resignation to the council. After receiving a resignation, the council should pass a resolution stating it has received and accepted the resignation, and declaring that a vacancy exists. 8