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RELEVANT LINKS: <br /> 4. Termination of cityresidency <br /> Y <br /> Minn.stat.§351.02(4). A vacant occurs when a city council member ceases to be a resident of <br /> A.G.op.126-h(Oct.19, y 1955). the city. Residence is a factual question the council must determine in each <br /> case. voting in the city is only one indication of residence. The office <br /> holder's intent and availability to perform official duties are additional <br /> criteria that should be considered. A council member becomes a <br /> non--resident when the property where the council member lives is <br /> detached from the city. <br /> 5. Failure to for office <br /> qualify <br /> Minn.stat.§351.02(6). An elected official may fail to qualify for office by refusing or neglecting <br /> to take the oath of office, to give or renew an official bond, or to deposit <br /> such oath or bond within the time prescribed by lave. This type of vacancy <br /> is not automatic. A newly elected official may qualify at any time prior to <br /> the council declaring the office vacant. <br /> 6. Abandonment <br /> A.G.Op.99(Aug.26,1920). whether an abandonment of office actually occurs is difficult to <br /> determine. The intent of the office holder is the controlling factor. The <br /> attorney general,while cautioning that this is a question of fact,has <br /> indicated that failure to participate in council activities for three months is <br /> sufficient grounds for declaring an abandonment of office. <br /> 7. 90mday absence rule <br /> : <br /> Minn.Stat.§412.02,subd. A vacant in the office of mayor or council member may be declared by '- <br /> 2b. <br /> y ' <br /> the council when the office holder is unable to serve in the office or to <br /> attend council meetings for a 90-day period because of illness, or because <br /> ce from or refusal to attend council meetings. If an <br /> of absence g y of the <br /> preceding conditions occur,the council may, by resolution, declare a <br /> vacancy and then fill it at a regular or special council meeting. The <br /> appointed council member will serve for the remainder of the unexpired k <br /> term, or until the absent council member is again able to resume duties and <br /> attend council meetings, whichever is earlier. when the absent council <br /> member is able to resume duties and attend council meetings, the council <br /> shall b resolution remove the temporary office holder and restore the <br /> y p � <br /> original office holder. <br /> i <br /> S. Qualifyingfor a second or incompatible office <br /> See LMC information memo, If an officer accepts a second office that is incompatible with the first, the <br /> Official Conjlict of Interest p F <br /> for more information. first office is automatically vacated. (Section J of this chapter discusses <br /> f;. <br /> incompatible offices in more detail). f <br /> f <br /> League of Minnesota Cities Handbook for Minnesota Cities 61712622 <br /> Elected officials and Council Structure and Role Chapter 6 Page 7 <br />