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CHAPTER 8 <br /> <br />Mimt. Stat. ~ 358.05; See <br />discussmn in tlandbook, <br />Chapter 6. <br /> <br />Minn. Stat. § 351.02 [6). <br /> <br />Here are some basic guidelines to help cities work with their city attorneys: <br /> <br />Provide information. Keep the city attorney informed about the matters the <br />city may be dealing with. Give the attorney all the facts that surrqund a <br />specific situation. If you leave something out, it may affect the conclusion <br />reached by the attorney. <br /> <br />Include in meetings. It's a good idea to have the city attorney attend all the <br />city council meetings. <br /> <br />Give time to prepare. Give the city attorney advance notice of questions for <br />which the council may want a legal opinion. This will allow the attorney to <br />thoroughly research the question and provide a well-informed legal <br />opinion. An immediate answer to qUestions with complex legal issues will <br />not always be available. <br /> <br />Ask questions. If you don't understand what the city attorney has said, ask <br />for clarification. You can't follow advice that you don't understand. Ask <br />the attorney why he or she has reached a particular conclusion if you don't <br />understand the reasoning behind the opinion. <br /> <br />City councilmembers don't always agree with the advice they get from <br />their city attorneys. While there is no obligation to follow the legal advice <br />you receive, cities should exercise some caution before disregarding it. If <br />you disagree with the city attorney's opinion, the city should consider <br />getting a second opinion from another attorney. Be sure to let your city <br />attorney know you will be seeking an additional opinion on the matter. In <br />some fields of law, such as employment and land use, an attorney who <br />specializes in that particular field may be able to provide additional <br />information that can assist the council in making a well-informed decision. <br /> <br />I!. Qualifying for office <br />Qualifying for office means an elected or appointed official takes the <br />official oath and files a bond, if necessary, for the position. This is not the <br />same as qualifications for office that refer to an individual's abilities and <br />characteristics. <br /> <br />The act of qualifying for office should take place within the statutorily <br />prescribed time limit. Failure to do so creates, upon declaration of the <br />council, a vacancy in the office. <br /> <br />[{,\NDItOOK F()I~- MINNESOTA CITIES <br /> <br />Tlfis chapter last revised 12/14/2004 <br /> <br />8-13 <br /> <br />-73- <br /> <br /> <br />