2007 Minnesota Statutes

412.02 MS 1945 [Repealed, 1949 c 119 s 110]
412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES.
    Subdivision 1. Officers elected. The following officers shall be elected for the terms and in
the years shown and in the cities described in the table.

Officer

Number of Years in Term

Year Elected

City Elected

Mayor	Two or four	Every two years except where four years is otherwise provided pursuant to statute	Every statutory city
Clerk	Four	Every four years in year when treasurer is not elected	Every statutory standard plan city in which there is no clerk-treasurer
Treasurer	Four	Every four years in year in which clerk is not elected	Every statutory standard plan city in which there is no clerk-treasurer
Clerk- Treasurer	Four	Every four years in year in which one council member is elected	Every statutory standard plan city where such office exists pursuant to subdivision 3
Three Council members	Four	Two every four years and one in alternative election	Every statutory standard plan city with a council of five
Four Council members	Four	Two each election	Every statutory optional plan city with a council of five
Five Council members	Four	Three every four years and two in alternative election	Every statutory standard plan city with a council of seven
Six Council members	Four	Three each election	Every statutory optional plan city with a council of seven

    Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January
following the election at which the officer is chosen. All officers chosen and qualified as such
shall hold office until their successors qualify.
    Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office
shall be filled by council appointment until an election is held as provided in this subdivision. In
case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs
before the first day to file affidavits of candidacy for the next regular city election and more than
two years remain in the unexpired term, a special election shall be held at or before the next
regular city election and the appointed person shall serve until the qualification of a successor
elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or
after the first day to file affidavits of candidacy for the regular city election or when less than two
years remain in the unexpired term, there need not be a special election to fill the vacancy and the
appointed person shall serve until the qualification of a successor. The council must specify by
ordinance under what circumstances it will hold a special election to fill a vacancy other than a
special election held at the same time as the regular city election.
    Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member
may be declared by the council when the officeholder is unable to serve in the office or attend
council meetings for a 90-day period because of illness, or because of absence from or refusal
to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the
council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular
or special council meeting for the remainder of the unexpired term, or until the person is again
able to resume duties and attend council meetings, whichever is earlier. When the person is again
able to resume duties and attend council meetings, the council shall by resolution remove the
temporary officeholder and restore the original officeholder.
    Subd. 3. Clerk, treasurer combined; audit standards. (a) In cities operating under the
standard plan of government the council may by ordinance adopted at least 60 days before the
next regular city election combine the offices of clerk and treasurer in the office of clerk-treasurer,
but such an ordinance shall not be effective until the expiration of the term of the incumbent
treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties
of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the
clerk-treasurer or a duly appointed deputy. The offices of clerk and treasurer may be reestablished
by ordinance.
(b) If the offices of clerk and treasurer are combined as provided by this section and the city's
annual revenue for all governmental and enterprise funds combined is more than the amount in
paragraph (c), the council shall provide for an annual audit of the city's financial affairs by the
state auditor or a public accountant in accordance with minimum auditing procedures prescribed
by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue
for all governmental and enterprise funds combined is the amount in paragraph (c), or less, the
council shall provide for an audit of the city's financial affairs by the state auditor or a public
accountant in accordance with minimum audit procedures prescribed by the state auditor at least
once every five years, which audit shall be for a one-year period to be determined at random
by the person conducting the audit.
(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and
after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local
expenditures as published by the United States Department of Commerce.
    Subd. 4.[Repealed, 1973 c 34 s 7]
    Subd. 5.[Repealed, 1983 c 359 s 151]
    Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60
days before the next regular city election submit to the voters of the city the question of whether
the city council should be increased or reduced to seven or five members. The ordinance shall
include a schedule of elections and terms to accomplish the change. The proposal shall be voted
on at the next city general election and, if approved by a majority of those voting on the question,
go into effect in accordance with the schedule.
History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s
1-4; 1967 c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s 1 subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c
337 s 5; 1976 c 2 s 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30
s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2