Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 241-H.F.No. 2637 
                  An act relating to towns; providing for temporary 
                  officeholders; amending Minnesota Statutes 2000, 
                  section 367.03, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 367.03, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
        the events specified in section 351.02, a vacancy in a town 
        office may be declared by the town board when an officer is 
        unable to serve in the office or attend board meetings for a 
        90-day period because of illness, or because of absence from or 
        refusal to attend board meetings for a 90-day period.  If any of 
        the preceding conditions occurs, the town board may, after the 
        board by resolution has declared a vacancy to exist, make an 
        appointment to fill the vacancy at a regular or special meeting 
        for the remainder of the unexpired term or until the ill or 
        absent member is again able to resume duties and attend board 
        meetings, whichever is earlier.  If the vacancy is in the office 
        of supervisor, the vacancy must be filled by an appointment 
        committee made up of the remaining supervisors and the town 
        clerk.  If the original member is again able to resume duties 
        and attend board meetings, the board shall by resolution so 
        determine and remove the appointed officeholder and restore the 
        original member to office. 
           Presented to the governor March 13, 2002 
           Signed by the governor March 14, 2002, 3:06 p.m.