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� � <br /> � ORONO COUNCIL �IEETING HELD NOVEMBER 22, 1976 Page 2 <br /> i Butler moved, P�iassengale secondec�, to adopt RESOLUTInN #727 <br /> Resolution #727, a resolution ta accept Mayor Accept �esignation <br /> earles' resignation with deep regret as of <br /> � s 05 P.P�, , November 22, 1976 o r�iotion, <br /> Ayes (4) - Nays (0) . <br /> • <br /> Mayor Searles relinquished his chair to Acting <br /> • T•�ayor Walter T�iassengale. Acting Mayor Niassengale <br /> declared that there is a vacancy to be filled at <br /> � this time. <br /> � Paurus moved, Welsh second�d, to adopt Resolution RESOLUTION ;�728 <br /> � ;�728, a resolution to c�eclare a vacancy exists Vacancy �xists <br /> in the office of Tlayor as of 7 e OS P.P�i. , rlovember 22, <br /> � 1976o riotion, Ayes (4) - Nays (0) . <br /> � Acting I�layor t9alter, T9al�seriga].e read into the <br /> record Attorrtey P•Z�lker9on's letter and his own <br /> � merlo to Council and list af qualifications. <br /> � Attorney Malkersorl's l�tters ATTORNEYtS LETTER <br /> , "At your r�ques�, I heve prepared and distributed <br /> • the follrswing letter r <br /> • The offices of P�layor and State Legislator are <br /> � incompatible as stated in the rIinnesota <br /> �onstitution, Article IV, Section 5, "No senator <br /> representative shall hold any other office <br /> under the authority of the United States or the <br /> ` State of i�Zinnesota, except that of Postmaster or <br /> Notary Public". Special elections may not be <br /> • held to fill vacancies in City elective officeso <br /> (�iinnesota Statutes Section 205.I0) . Therefore, <br /> r the City Council must fill the vacancy. Since the <br /> � vacancy will occur during the term of office, the <br /> appointee's term is from the date oP his or her <br /> � appointment until the term of office expires by law. <br /> � The procedure to fill the office of r�iayor will <br /> ` be the following: <br /> + 1. The l�sayor resigns, either orally or in <br /> writing, to the Council, including in his <br /> + resignation the effective date. <br /> i 2. The Council will pass a resolution which <br /> accepts the resignation and declares that <br /> � a vacancy exists in the office of Mayor. <br /> If the resignation states that it becomes <br /> � effective on a specific date, then the <br /> � vacancy occurs on that date whether or not <br /> � the Council has accepted it. (rZinnesota <br /> Statutes Section 351.01; Minnesota Statutes <br /> Section 412.02, Subd. 2) . (Continued) <br /> • <br /> � <br /> � <br />