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Agenda - Council Work Session - 06/28/2022
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Agenda - Council Work Session - 06/28/2022
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3/14/2025 2:33:49 PM
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6/24/2022 3:37:01 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
06/28/2022
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RELEVANT LINKS: <br /> Minn.Scat.§ I oA.o 1,subd. Elected and some appointed local officials of cities with populations over <br /> 26.Minn.Stat.§IOA.07. <br /> Minn.Stat.§ IOA.O9,subds. 50,000 located in the seven-county metropolitan area must comply with <br /> 1=6a. reporting requirement regarding conflict-of-interest disclosure and <br /> economic-interest reporting. Candidates for local elected office in these <br /> cities must submit statements of economic interest to the city council <br /> within 14 days of filing an affidavit of candidacy. <br /> See LMC information memo, persons accepting employment as public or local officials in these cities <br /> Official Conflict of'liiterest. <br /> must file the disclosure statement within 60 days of accepting <br /> employment. In both cases, the law requires the filing of annual <br /> statements. <br /> B. Terms of office <br /> Minn.Stat.§412.02,subd.2. Terms of office in statutory cities begin on the first Monday in January <br /> Minn.Stat.351.02.Minn. . <br /> Stat. 205.07 subd. l a. following the election. The terms of the old officers in statutory cities end <br /> § s g <br /> at this time or as soon after that as the newly elected officers qualify by <br /> A.G.op.471-M(Nov.23, '1999). taking an oath and filing a bond, if one is required. If the newly elected <br /> officer refuses or fails to qualify, the incumbent officer continues to hold <br /> office until the council declares the office vacant and appoints a successor. <br /> The terms of all city council members in charter cities expire on the first <br /> Monday in January of the year in which they expire. All officers of charter <br /> cities chosen and qualified shall hold office until their successors qualify. <br /> The length of the various terms of office is provided by statute. The <br /> attorney general has advised that a person elected to fill a vacancy is <br /> eligible to qualify and assume office upon receipt of an election certificate. <br /> C. Oath of office <br /> Minn.Stat.§358.05. whether or not public officials need a bond, they must take and sign an <br /> oath of office before exercising any of their powers. This includes <br /> members of councils, boards, commissions, and administrative officers. <br /> This applies to appointed as well as to elected officials. <br /> Minn.Stat.§358.05.State v. It is not clear whether appointed city clerks or individuals holding other <br /> Schrairi,85 N.W.155(1901) <br /> (concluding that the position appointed city positions are required to take and sign an oath of office. The r <br /> of village marshal was a answer will depend on whether a particular appointed position would be <br /> public office for purposes of i „ 1 <br /> an oath requirement). consi <br /> uirement9. � dered a public office within the meaning of the statute requiring the <br /> oath. There are no administrative opinions or court decisions that address <br /> the issue of whether an appointed city clerk holds a public office for <br /> purposes of the oath requirement. A city should seek a legal opinion from <br /> its city attorney to determine whether an individual holding a particular <br /> appointed position must take and sign an oath. <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/7/2022 <br /> Elected Officials and Council Structure and Role Chapter 6 Page 4 <br />
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