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Minn. Stat. § 412.02 <br /> <br />Minn. Stat, § 412.1J2, <br />subd. 2a <br /> <br />Mime, Stat. ~ 412.02, <br />subd. <br /> <br />person who is the clerk can only be removed from office under very <br />limited circumstances. <br /> <br />1. Elected clerks/Standard plan cities <br /> <br />In standard plan cities, the clerk is elected to office. This means the <br />voters will choose who will be the city clerk in the city's general <br />election. An elected clerk's term of office is four years. <br /> <br /> a. Filling vacancies <br /> <br />Should a vacancy occur in the clerk's position, the city council <br />appoints an individual to be the new city clerk. The council will <br />appoint the person to serve until the next general election, when a <br />special election must be held to fill the remainder of the former <br />clerk's term if both of the following conditions are met: <br /> <br />There are more than two years remaining in the clerk's term. <br /> <br />The vacancy occurs before the first day to file affidavits of <br />candidacy for the next general city election. <br /> <br />The council will appoint someone to serve the remainder of the <br />clerk's term if either of the following conditions are met: <br /> <br />There are less than two years remaining on the clerk's term. <br /> <br />The vacancy occurs after the first day to file affidavits of <br />candidacy for the next general city election. <br /> <br />The city council must fill a vacancy in the clerk's position. However, <br />if there is a tie vote in the council, the mayor then has the power to <br />appoint someone to fill the vacancy. The mayor may choose to <br />appoint the candidate the council was considering or someone else. <br /> <br />b. Removal from office <br /> <br />Since the city clerk is an elected position ina standard plan city, the <br />clerk generally cannot be removed from office. Voters may choose <br />to vote for a new clerk when the term expires. Like any other local <br />elected officer, a city clerk could only be removed under limited <br />circumstances, such as the commission of a crime that would result <br />in the officer losing their qualifications for office, malfeasance in <br />office, or losing their residency. <br /> <br />Standard plan city councils seeking to remove their city clerk from <br />office should consult with their city attorney before beginning this <br />procedure. <br /> <br />-64- <br /> <br />18 <br /> <br />Lea~te of Minnesota Cities <br /> <br /> <br />