SF 2255

5th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for certain 
  1.3             vacancies in the elected offices of mayor or council 
  1.4             member in statutory cities and county commissioner; 
  1.5             amending Minnesota Statutes 1994, sections 375.101; 
  1.6             and 412.02, subdivision 2a, and by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 375.101, is 
  1.10  amended to read: 
  1.11     375.101 [VACANCY IN OFFICE OF COUNTY COMMISSIONER.] 
  1.12     Subdivision 1.  Except as provided in subdivision 3, a 
  1.13  vacancy in the office of county commissioner shall be filled at 
  1.14  a special election not less than 30 nor more than 60 days after 
  1.15  the vacancy occurs.  The special primary or special election may 
  1.16  be held on the same day as a regular primary or regular election 
  1.17  but the special election shall be held not less than 14 days 
  1.18  after the special primary.  The person elected at the special 
  1.19  election shall take office immediately after receipt of the 
  1.20  certificate of election and upon filing the bond and taking the 
  1.21  oath of office and shall serve the remainder of the unexpired 
  1.22  term.  If the county has been reapportioned since the 
  1.23  commencement of the term of the vacant office, the election 
  1.24  shall be based on the district as reapportioned.  
  1.25     Subd. 2.  If the a vacancy for which a special election is 
  1.26  required occurs less than 60 days before the general election 
  2.1   preceding the end of the term, the vacancy shall be filled by 
  2.2   the person elected at that election for the ensuing term who 
  2.3   shall take office immediately after receiving the certificate of 
  2.4   election, filing the bond and taking the oath of office.  
  2.5      Subd. 3.  In addition to the events specified in section 
  2.6   351.02, absence from the county for six consecutive months shall 
  2.7   create a vacancy in the office of county commissioner may be 
  2.8   declared by the county board when a commissioner is unable to 
  2.9   serve in the office or attend board meetings for a 90-day period 
  2.10  because of illness, or because of absence from or refusal to 
  2.11  attend board meetings for a 90-day period.  If any of the 
  2.12  preceding conditions occurs, the county board may, after the 
  2.13  board by resolution has declared a vacancy to exist, make an 
  2.14  appointment to fill the vacancy at a regular or special meeting 
  2.15  for the remainder of the unexpired term or until the ill or 
  2.16  absent member is again able to resume duties and attend county 
  2.17  board meetings, whichever is earlier.  If the original member is 
  2.18  again able to resume duties and attend board meetings, the board 
  2.19  shall by resolution so determine and remove the appointed 
  2.20  officeholder and restore the original member to office. 
  2.21     Sec. 2.  Minnesota Statutes 1994, section 412.02, 
  2.22  subdivision 2a, is amended to read: 
  2.23     Subd. 2a.  Except as otherwise provided in subdivision 2b, 
  2.24  a vacancy in an office shall be filled by council appointment 
  2.25  until an election is held as provided in this subdivision.  In 
  2.26  case of a tie vote in the council, the mayor shall make the 
  2.27  appointment.  If the vacancy occurs before the first day to file 
  2.28  affidavits of candidacy for the next regular city election and 
  2.29  more than two years remain in the unexpired term, a special 
  2.30  election shall be held at the next regular city election and the 
  2.31  appointed person shall serve until the qualification of a 
  2.32  successor elected at a special election to fill the unexpired 
  2.33  portion of the term.  If the vacancy occurs on or after the 
  2.34  first day to file affidavits of candidacy for the regular city 
  2.35  election or when less than two years remain in the unexpired 
  2.36  term, there shall be no special election to fill the vacancy and 
  3.1   the appointed person shall serve until the qualification of a 
  3.2   successor elected at a regular city election. 
  3.3      Sec. 3.  Minnesota Statutes 1994, section 412.02, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 2b.  A vacancy in the office of mayor or council 
  3.6   member may be declared by the council when the officeholder is 
  3.7   unable to serve in the office or attend council meetings for a 
  3.8   90-day period because of illness, or because of absence from or 
  3.9   refusal to attend council meetings for a 90-day period.  If any 
  3.10  of the preceding conditions occurs, the council may, after it 
  3.11  has by resolution declared a vacancy to exist, fill the vacancy 
  3.12  at a regular or special council meeting for the remainder of the 
  3.13  unexpired term, or until the person is again able to resume 
  3.14  duties and attend council meetings, whichever is earlier.  When 
  3.15  the person is again able to resume duties and attend council 
  3.16  meetings, the council shall by resolution remove the temporary 
  3.17  officeholder and restore the original officeholder.