Agenda - Council - 02/12/1979 - Laserfiche WebLink

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Eligibility for Office Qualifications for elective office are set forth in the State Constitution. All eligible voters 21 years of age or older may hold elective office in the State of Minnesota.7 Applied to cities, this means that elective officers must be qualified city voters, at least 21 years of age on the date of their election, U.S. citizens, and residents of the state for at least 20 days.8 A person who has been convicted of a felony under either state or federal law is not en- titled to hold elective office in Minnesota unless he has been restored to his civil rights.9 Persons appointed to fill a vacancy in an elective office must satisfy these same requirements. Rcmova[ Under ordinary circumstances, it is not possible to remove officials holding elective office before the end of their term, either for cause or otherwise. Statutory city voters have no recall authority. A vacancy does occur if an elected official is con- victed of any infamous crime.10 An infamous crime is usually considered to be a felony?l that is, a crime for which a sentence of imprisonment 12 for more than one year may be imposed. Bribery is a felony.13 Misconduct of a public officer or employee, as defined by law,TM is a gross misde- meanor because the sentence is for less than one year? $ and thus a violation of the laws relating to misconduct of a public official does not create a vacancy under the grounds of conviction of an in- famous crime.16 A vacancy also occurs when an elected official is convicted of an offense involving a violation of the person's official bath.17 The official oath is 65 found in the Constitution,18 and many offenses which are not felonies would seem to involve a vio- lation of the person's official oath? 9 including mis- conduct in office. Thus, after a person is convic- ted of the laws relating to misconduct in office,TM a vacancy then occurs in the office which would be filled in the same manner as a vacancy resulting from other causes. The governor also has the power to remove cer- tain officials from public office. The governor may remove from office ~ justice of the peace or any collector, receiver, or custodian of public moneys, when it appears to the governor, by competent evi- dence, that the person has been guilty of malfea- sance or non-feasance in the performance of the person's official duties.21 Persons convicted of violating municipal ordi- nances and persons convicted of a misdemeanor, have not been convicted of a felony, and thus re- main eligible for office unless the offense involves violation of the person's oath. When a person has been deprived of his civil rights by reason of conviction of a crime, defined as any conduct in violation of state law which is a misdemeanor, gross misdemeanor, or felony,22 and is discharged, the discharge restores that per- son's civil rights including the person's full right to hold office, except a person convicted of bri- bery is forever disqualified from holding public of- lice.23 Removal from public office involves unusual circumstances and city officials should consult an attorney when removal of a public official is con- templated. Resignations Resignations should be submitted, either orally or in writing, to the officer authorized by law to appoint a replacement. In cities this means that all resignations should be submitted to the council. After receiving a resignation, the council should pass a resolution stating that it has received and accepted the resignation and that a vacancy exists in the position. If the resignation states that it be- comes effective on a specified date, then the vac- ancy occurs on that date whether or not the coun- cil has accepted it.24 Vacancies Vacancies may exist for a variety of reasons, in any event, however, they must be filled as soon as 1977