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RELEVANT LINKS: <br /> Minn.5tat.§4I2.02,subd. Under certain circumstances, individuals appointed to fill council <br /> 2a. vacancies serve on a temporary basis and the city must hold a special <br /> p rY � � p <br /> election to elect a permanent replacement to fill the vacancy. Two factors <br /> determine whether an election is required: first, whether filing has opened <br /> for the next regular city election, and second, the length'of the unexpired <br /> portion of the term at the time of the vacancy. <br /> Minn.star.§4 2.02,subd. If the vacancy occurs on or after the first day to file as a candidate for the <br /> 2a. next regular city election or if less than two ears remain in the unexpired <br /> � tY y p <br /> term.,the city does not need to hold a special election, and the appointed <br /> person can serve out the remainder of the unexpired term. In the <br /> alternative, if the vacancy occurs before the first day to file as a candidate <br /> for the next regular city election and more than two years remain in the <br /> unexpired term, the city must hold a special election to fill the council <br /> vacancy at or before the next regular city election, and the person elected <br /> will serve out the remainder of the unexpired term. <br /> Minn.star.§412.02,subd. If the council chooses to hold a special election to fill a vacancy at a time <br /> 2a. see LMC information <br /> memo,City Special other than at the regular city election, it must first adopt an ordinance <br /> Electrons,for more Specifying the circumstances under which such an election will be held. <br /> information. <br /> Minn.Stat.§412.02,subd.2. State law generally provides that the terms of elected city officials begin <br /> Minn.stat.§205.07,subd. _> <br /> Ia.A.G.op.471-M(Nov. on the first Monday in January following the election. However,the <br /> 23,1999). 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 /> G. Council members ineligible to fill certain <br /> vacancies <br /> Minn.stat.§471.46, City council members, including mayors and elected clerks, may not be <br /> considered to fill vacancies in other city elective offices if the council has <br /> the power to make the appointment to fill the vacancy. This rule applies <br /> even if a council member resigns the position on the council before the <br /> council makes the appointment. <br /> An exception to this rule is that the council may appoint one of its <br /> members to the office of either mayor or clerk. In such a case, the council <br /> member being considered for the appointment may not vote. <br /> H. Gifts <br /> Minn.stat.§471.895. Elected and appointed"local officials" are generally prohibited from <br /> Minn.stat.§ I4A.o71'subd.I.Minn.Star.§471.895, accepting gifts from"interested persons."A "gift" is defined as money, <br /> subd. i(b). real or personal property, a service, a loan, a forbearance or forgiveness of <br /> debt, or a promise of future employment, that is given and received <br /> without the giver receiving something of equal or greater value in return. <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/712022 <br /> Elected Officials and Council Structure and Role Chapter 6 Page 9 <br />