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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 6 <br />Minn. Stat. § 351.01, subds. <br />2, 3, and 4. See informal <br />A.G. letter opinion dated <br />Mar. 3, 2003 (advising that <br />Minnesota law does not <br />require that a written <br />resignation be “received” by <br />the council during a formal <br />meeting in order to be <br />effective). <br />Unless the resignation expressly states it is to take effect at a future date, <br />the resignation will be effective when received by the council. If the <br />resignation states it takes effect on a specified date, the vacancy occurs on <br />that date if it has been received by the council or other official authorized <br />by the council to receive documents on its behalf even if the council has <br />not formally accepted it at a council meeting. To withdraw a prospective <br />resignation, the resigning officer must submit a written statement of <br />withdrawal in the same manner as the resignation. In order to be effective, <br />the withdrawal must be received before the council accepts the resignation <br />by resolution or before an officer authorized to receive it has issued a <br />written acceptance. <br /> 3. Removal by operation of law <br /> In most situations, it is not possible to remove statutory elected officials <br />before the end of their terms, for cause or otherwise. Cities should consult <br />with their city attorneys before attempting removal of any elected official. <br /> Statutory city voters have no recall authority. Some home rule charters, <br />however, give voters this option, but there remains some question as to <br />whether this type of charter provision is constitutional. <br />Minn. Stat. § 351.02(5). <br />A.G. Op. 490D (Nov. 18, <br />1952). Minn. Stat. § 609.02, <br />subd. 2. Minn. Stat. § 609.42. <br /> <br />In certain situations, removal by operation of law can occur. A vacancy <br />occurs if an elected official is convicted of any “infamous” crime. An <br />infamous crime is a felony, that is, a crime for which a sentence of <br />imprisonment for more than one year may be imposed. For example, <br />bribery is a felony. Thus, a bribery conviction would result in the elected <br />official’s immediate removal from office. In addition, any public officer <br />convicted of bribery is forever disqualified from holding public office. <br />Minn. Stat. § 609.43. Minn. <br />Stat. § 609.02, subd. 4. Misconduct of a public officer or employee, as defined by law, is a gross <br />misdemeanor. Therefore, a misconduct conviction is not an infamous <br />crime, and does not automatically result in an elected official’s removal <br />from office. <br />Minn. Stat. § 351.02(5). <br />Minn. Stat. § 358.05. Minn. <br />Const. art. V, § 6. <br />See, Minn. Stat. §§ 609.415- <br />.475. <br />A vacancy does occur, however, when an elected official is convicted of <br />an offense involving a violation of the individual’s official oath. Many <br />offenses that are not felonies or “infamous” crimes may involve a violation <br />of an individual’s oath and may result in a vacancy upon conviction. <br />Minn. Stat. § 13D.06, subd. <br />3. Brown v. Cannon Falls <br />Twp., 723 N.W.2d 31 (Minn. <br />App. 2006); Funk v. <br />O’Connor, 916 N.W.2d 319 <br />(Minn. 2018). <br />A vacancy also occurs if a council member is found to have intentionally <br />violated the open meeting law in at least three separate court actions. If a <br />court finds a third separate, intentional violation, it must declare the <br />position vacant and notify the appointing authority or clerk. <br />9