Agenda - Council - 03/09/2010 - Laserfiche WebLink

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Minn. Stat. § 412.02. subd. 2a. See Vacancies on a Statutory City Council, Minnesota Cities (Oct. 2000), p. 19). See LMC information memo, City Special Elections (http://www.lnic.org/media/ document/! /cityspec ialelect ions.pdj). See "Mayor's Power to Vote and Make Motions." Minnesota Cities (Jan. 2004, p. 19). Minn. Stat. § 351.02 (https://www.revisor.leg.sta • te.mn.us/statutes / ?id =351.0 2). See Handbook, Chapter 6. a. Filling vacancies Since the clerk is an elected position, the same procedures used to address other council vacancies apply. Should a vacancy occur in the clerk's position, the city council first makes a temporary appointment to fill the position. The city must then hold a special election to fill the remainder of the clerk's term if the following two conditions are met: • There are more than two years remaining in the clerk's term. • The vacancy occurs before the first day to file affidavits of candidacy for the next general city election. The special election may be held on or before the city's next general election. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than at the same time as the regular city election. The council's appointment will serve the remainder of the clerk's term and the city will not hold a special election if: • There are less than two years remaining on the clerk's term; or • The vacancy occurs after the first day to file affidavits of candidacy for the next general city election. If the council vote on an appointment results in a tie, the mayor has the power to appoint someone to fill the vacancy. The mayor may appoint anyone, eligible for the office, he or she chooses. The council may also hold a special election rather than fill the vacancy through council appointment. b. Removal from office Since the clerk is an elected official, the council generally may not remove the clerk from office. A city clerk could only be removed under limited circumstances, such as the commission of a crime that would result in the officer losing qualifications for office, malfeasance in office, or residency. Voters, however, may always choose to elect a new clerk when the current term expires. Standard Plan councils seeking to remove their city clerk from office should consult with their city attorney before beginning this procedure. 2. Appointed clerks Unlike Standard Plan clerks, Plan A and Plan B clerks are appointed and can be removed. The form of government determines who holds the power to appoint and remove. 12 LEAGUE OF MINNESOTA CITIES