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RELEVANT LINKS: <br /> Minn.Scat.§351.41,subds. Unless the resignation expressly states it is to take effect at a future date, <br /> 21 3,and 4.See informal <br /> A.G.letter opinion dated the resignation will be effective when received by the council. If the <br /> Mar.3,2003(advising that resignation states it takes effect on a specified date, the vacancy occurs on <br /> Minnesota law does not <br /> require that a written that date if it has been received by the council or other official authorized <br /> resignation be"received'by by the council to receive documents on its behalf even if the council has <br /> the council during a formal <br /> meeting in order to be not formally accepted it at a council meeting. To withdraw a prospective <br /> effective). resignation,the resigning officer must submit a written statement of <br /> withdrawal in the same manner as the resignation. In order to be effective, <br /> the withdrawal must be received before the council resignation <br /> accepts the nation <br /> p g <br /> by resolution or before an officer authorized to receive it has issued a <br /> written acceptance. <br /> 3, Removal by operation of law <br /> In most situations, it is not possible to remove statutory elected officials <br /> before the end of their terms, for cause or otherwise. Cities should consult <br /> with their city attorneys before attempting removal of any elected official. <br /> Statutory city voters have no recall authority. Some home rule charters, <br /> however, give voters this option,but there remains some question as to <br /> whether this type of charter provision is constitutional. <br /> Minn.scat.§351.02(5). In certain situations, removal by operation of law can occur. A vacancy <br /> A.G. (Nov.18, occurs if an elected official is convicted of an "infamous"crime. An <br /> 1952}.Minn,n Stat.�649.42, y <br /> subd.2.Minn.Stat.§609.42. infamous crime is a felony, that is, a crime for which a sentence of <br /> imprisonment for more than one year may be imposed. For example, <br /> bribery is a felony. Thus, a bribery conviction would result in the elected <br /> official's immediate removal from office. In addition, any public officer <br /> convicted of bribery is forever disqualified from holding public office. <br /> Minn.Stat.§609.43.Minn. Misconduct of a public officer or employee, as defined by law, is a gross <br /> Stat.§609.02,subd.4. <br /> misdemeanor. Therefore, a misconduct conviction is not an infamous <br /> crime, and does not automatically result in an elected official's removal <br /> from.office. <br /> Minn.Stat.§351.02(5). A vacancy does occur,however, when an elected official is convicted of <br /> Minn.scat.§3ss.45.Minn. offense involving a violation of the individual's official oath. Man <br /> Const.art.�,�6, an o g y <br /> See,Minn.Stat.§§609.415- offenses that are not felonies or"infamous" crimes may involve a violation <br /> .475. <br /> of an individual's oath and may result in a vacancy upon conviction. { <br /> 1r <br /> Minn.star.§ 13D.06,subd. A vacancyalso occurs if a council member is found to have intentionally <br /> 3.Brown v. Cannon Falls <br /> T'ivp.,723 N.w.2d 31(Minn. violated the open meeting law in at least three separate court actions. If a <br /> App.2006);Ftrrrkv. cow finds a third separate, intentional violation, it must declare the <br /> O'Connor,916 N.W.2d 319(Minn.2018). position vacant and notify the appointing authority or clerk. <br /> �n <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/7/2022 <br /> Elected officials and Council Structure and Role Chapter 6 1 Page 6 <br />