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� <br /> � ORONO COUNCIL P-ZEETING HELD NOVEPdffiER 22, 1976 Page 3 <br /> � 3. There is no statutory requirement setting ATTORNEY'S LETTER <br /> � forth the procedure the Council must follow (Continued) <br /> to fill the office of l�ayor. City Council <br /> * is given wide latitude in establishing <br /> rules of procedure. <br /> • <br /> • 4. The ex-mayor may not vote after he vacates <br /> his office. <br /> � 5. Upon acceptance of the resignation of the <br /> � 1�layor, the Acting t�Iayor will take over the <br /> meetingo <br /> • <br /> 6, Minnesota Statutes 412. 191, Subd. 1, requires <br /> � the presence of at least three members of the <br /> • City Council to transact City business. <br /> � 7e The person appointed to fill the vacancy in <br /> an elective office must satisfy the same <br /> � requirements as the person who ran for the <br /> officeo The qualifications for elective <br /> • office are set forth in the State Constitution. <br /> � All eligible voters 21 years of age or older <br /> may hold elective offices in the State of <br /> � biinnesotao Applied to cities, this means <br /> that an elective officer must be a qualified <br /> � City voter at least 21 years of age on the <br /> date of their election and a resident of the <br /> ` State for at least twenty days. (Minnesota <br /> Constitution, Acticle ?, Section 6; P�Zinnesota <br /> • Constitution, Article 7, Section 1; DZS 200.02, <br /> � Subd. 25 (a) . ) <br /> � 8. After reviewing the law and speaking with the <br /> League of Plunicipalities, it appears that <br /> � the best way of filling the vacancy in the <br /> office of the P•Sayor is to have a C�uncilmember <br /> � offer the following resolutiona "IIe it <br /> resolved that person °A' be appointed to <br /> �' fill the vacancy of Mayor" . If the person <br /> � nominated is a Council member, he or she <br /> may not vote on that resolution. IIecause of <br /> � this rule, that a member of the Council may <br /> not vote on his or her own appointment, it <br /> � would be difficult to hold a mini election <br /> with several nominees being considered and <br /> • voted upon simultaneously, . e.g. if three of <br /> • the four Council people are nominated only <br /> one person would be eligible to vote. <br /> � �o Any resolution must be voted upon by at least <br /> f three Council members. A majority vote will <br /> � prevail, If on any of these resolutions <br /> there was a tie vote, the Acting P�Iayor has <br /> the authority to appoint any person who is <br /> � qualified to be r•layor. He is not bound to <br /> � appoint someone who has been nominated by the <br /> Council, In this case, he is acting as the (Continued) <br /> � <br />