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RELEVANT LINKS: <br /> mccutcheon v.04)nfsr. The common law doctrine of incompatibility applies to the functions of <br /> Paul,216 N.w.2d 137 <br /> Minn. 1974). two inconsistent offices. However, there is no clear definition of,what <br /> constitutes an"office" for the purpose of the law, certainly, it would <br /> "Compatibility of Offices," <br /> House Research, Y Rev.Jul include all elected offices and the Minnesota Supreme Court has reasoned <br /> 2012. that it would also apply to those appointed positions that have independent <br /> authority under law to determine public policy or to male a final decision Pz <br /> not supervisor's subject to a ervis ors approval.roval. As a result, the incompatibility law <br /> � p <br /> might also apply to appointed positions such as city administrators, <br /> managers, and police chiefs. <br /> 1. Public employment <br /> Pe. <br /> a, Federal employment <br /> 5 U.S.C.§ 7321-7326. Federal employees are generally prohibited from being candidates in local <br /> g y <br /> partisan elections. An election is considered"partisan" if candidates are <br /> elected as representing political parties. <br /> bE State employment <br /> Minn.Stat.§43A.32. State employees generally can run for and hold elected office as long as <br /> Minnesota Management& <br /> Budget. there is no conflict with their regular state employment. The commissioner <br /> of Minnesota Management and Budget will determine whether a conflict <br /> exists. <br /> c. City employment <br /> Minn.Stat.§410.191.Minn. State law prohibits the mayor and council members in both statutory and <br /> Stat.§412.02,subd.1a. s <br /> home rule charter cities from being "employed"by their city. The term <br /> "employed"is defined as "full-time permanent employment as defined by <br /> the citys employment' policy."This law applies to persons elected or <br /> appointed to serve as mayor or city council members on or after August 1, <br /> 2010. For part-time positions, it must be determined if the positions <br /> qualify as offices and if the elements or responsibilities of the two <br /> positions are incompatible,with one another. <br /> 2. Incompatible offices <br /> A.G.Cp.471-M(Dec, 11, Unless otherwise limited by law, an individual may apply for a job or run <br /> 1957). for an office that is incompatible with a current position without resigning <br /> p p � g <br /> from the current position. when the individual is elected or appointed to <br /> N. <br /> an incompatible office,the individual is considered to have resigned from. <br /> the first position. <br /> s <br /> See,for example,Minn.Stat. Generally, positions are incompatible when a specific statute or charter <br /> §410.191.Minzn.Stat.§ . <br /> 412.02,subd. 1 a. provision: <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/7/2622 <br /> Elected Officials and Council Structure and Role Chapter 6 J Page 13 <br />