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Minn. Stat_ 412.02, subd. 2b. See LMC Information Memo, Official Conflict ofInterest for more information. Minn. Stat. 412.02, subd. 2. Minn. Stat. 351.07. Minn. Stat. 412.02, subd. 2a. A.G. Op. 59a -30 (July 24, 1996). See "Vacancies on a Statutory City Council," Minnesota Cities, Oct. 2000. Minn. Stat. 412.02, subd. 2a. A.G. Op. 471 -M (Oct. 30, 1986). HANDBOOK FOR MINNESOTA CITIES CHAPTER 6 7. 90 -day absence rule A vacancy in the office of mayor or councilmember may be declared by the council when the office holder is unable to serve in the office or to 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, by resolution, declare a vacancy and then fill it at a regular or special council meeting. The appointed councilmember will serve for the remainder of the unexpired term, or until the absent councilmember is again able to resume duties and attend council meetings, whichever is earlier. When the absent councilmember is able to resume duties and attend council meetings, the council shall, by resolution, remove the temporary office holder and restore the original office holder. 8. Qualifying for a second or incompatible office If an officer accepts a second office that is incompatible with the first, the first office is automatically vacated. (Section H of this chapter discusses incompatible offices in more detail.) 9. Expiration of elected term Generally, the vacancy occurring at the conclusion of an incumbent's term of office is filled immediately by the successor. If no one has been elected, the incumbent fills the office until the council appoints a successor and that person qualifies for the office. 10. Habitual drunkenness State law provides that the habitual drunkenness of any person holding office is good cause for removal from office. F. Filling vacancies While a council might identify and declare the facts giving rise to a vacancy, for all practical purposes they occur automatically and are not based upon any removal action. Because the council must fill vacancies in elective offices, it should determine whether a vacancy exists. After investigating the facts, the council should pass a resolution declaring a vacancy and then fill it as soon as possible. State law provides that statutory city councils make the appointment to fill a vacancy, except in the case of a tie vote when the mayor makes the appointment. That means all members of the council, including the mayor, can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment. This chapter last revised 9/2010 6:7