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RELEVANT LINKS: <br /> 9. Expiration of elected term <br /> Minn.Stat.§412.02,subd.2. Generally, the vacancy occurring at the conclusion of an incumbent's terra <br /> Minn.Stat.§205.07,subd. <br /> a. of office is filled immediately by the successor. If no one has been elected, <br /> the incumbent fills the office until the council appoints a successor and <br /> that person qualifies for the office. <br /> 10. Habitual drunkenness <br /> Minn.Stat.§351.07. State law provides that the habitual drunkenness of any person holding <br /> office is good cause for removal from office. <br /> F. Filling vacancies <br /> Minn.Stat. 412.02,subd. while a council might identify and declare the facts giving rise to a <br /> 2a.A.G.op.59a-30(July 24, vacancy, for all practical purposes they occur automatically and are not <br /> 1996). based upon any removal action. Because the council must fill vacancies in <br /> See cce trr� Councilelective offices, it should determine whether a vacancy exists. After <br /> g <br /> Member Resignation and investigating the facts, the council should pass a resolution declaring a <br /> Declaring a Vacanev,LMC <br /> Model Resolution. vacancy and then fill it as soon as possible. <br /> Minn.Stat.§412.02,subd. State law provides that statutory city councils make the appointment to fill <br /> 2a' a vacancy, in the case of a tie vote when the mayor makes the <br /> � except p �' <br /> A.G.op.471-M(Oct,30, appointment. That means all members of the council, including the mayor, <br /> 1986). <br /> can vote on the appointment. And as long as at least a quorum of the <br /> council is present, a majority vote of those present is sufficient to make the <br /> appointment. <br /> State law does not place any limitation on a mayor's ability to make an <br /> appointment in the case of a tie vote. As a result, the mayor can appoint <br /> Minn.Stat.§412.121.Minn. any qualified person willing to fill the vacancy even if that person was not <br /> Stat.§471.46. <br /> the subject of the original appointment vote. If the vacancy is for the <br /> mayor's office and the council casts a tie vote,the acting mayor should <br /> make the appointment. The acting mayor may not, however, appoint <br /> himself or herself. <br /> Minn.coast.art.v11,§6. The council may appoint any individual who is eligible for election to that <br /> office. Generally, to be eligible a person must be a U.S. citizen, a resident <br /> of the city, a qualified city voter, and at least 21 years old. The council is <br /> not obligated to appoint any candidate previously defeated in an election <br /> for the office. <br /> Minn.Stat.§415.15. A resigning council member may not vote on the appointment of the <br /> A.G.op.471-M(Dec.27, <br /> 1977). successor to that vacancy. A council member who is elected mayor, <br /> however, may participate in the appointment vote to fill the vacancy in his <br /> or her former council position. <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/712022 <br /> Elected officials and Council Structure and Role Chapter 6[Page 8 <br />