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Minn. Stat. § 351.02 (5), <br /> <br />Minn. Stat § 412.581. <br /> <br />Minn. Stat. § 412.65t, <br />subd. 3 <br /> <br />The council will:appoint someone to serve the remainder of the clerk's <br />term iff <br /> <br />· There are less than two years remaining on the clerk's t~rm; or <br /> <br />· The vacancy occurs after the first day to file affidavits of candidacy for <br /> the next general city election. <br /> <br />If the council vote on an.appointment results in a tie, the mayor has the <br />power to appoint someone to fill the vacancy. The mayor lnay appoint <br />anyone he 'or she chooses. The council may also hold a special election <br />rather than fill the vacancy through'council appointment. <br /> <br />b. Removal from office <br /> <br />Since the clerk is an elected official, the council generally may not remove <br />the clerk from office. A city clerk could only be removed under limited <br />circumstances; such as the commission of a crime that would result in the <br />officer losing qualificatio, ns for office, malfeasance in office, or residency. <br />Voters, however, may choose to vote for a new clerk when the term <br />expires. <br /> <br />Standard Plan ~:ouncils seeking to remove their city clerk fi'om office <br />should consult with their city attorney before beginning this procedure. <br /> <br />2. Appointed clerks <br />Unlike Standard Plan clerks, Plan A and Plau B clerks can be appointed <br />and removed. The person who holds the power to appoint and remove a <br />clerk depends on the type of city. <br /> <br />a. Plan A cities <br />The council apPoints the clerk in a Plan A city. Sitnilarly, the council also <br />has power :to remove the clerk. The council, however, should be aware of <br />possible procedural requirements roi' termination. For example, if civil <br />service rules arein place or if the employee is a veteran, certain procedures <br />must be .followed. City councils that are considering removing their city <br />clerk should contact their city attorney for guidance. <br /> <br />b. Plan B cities <br /> <br />The'city clerk in a Plan B statutory city is also an appointed office. The city <br />manager, not the council, appoints the clerk. Similarly, the city manager <br />also has power to remove the city clerk. The city attorney should always be <br />consulted beforeremoving a city officer. <br /> <br />(ily.~dministralinn <br /> <br />-39- <br /> <br /> <br />