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<br />Minn. Slat. ~ 43.4..17. <br />subd.IO <br /> <br />Minn. Stilt. ~ 412,191. <br />subd. 2 <br /> <br />'linn. LaW3 1996.0. <br />422, nr. 3 1\tJich <br />amends Minn. SUI. 0 <br />412,02. sliM. 2b <br /> <br />A.G, Op, 450...\.11. <br />Mar. 6, 19~i <br /> <br />30 <br /> <br />tinf1-1"cAtr\.tBh'T'TD <br />ApW B) (C1C;Cj' <br />\'VH.N L[lb~ <br /> <br />c. Council pa)' <br /> <br />Cities canllot diminish a councilmember's pay for absences because of <br />illness or vacation. As a result, if the council" s salary is set at a monthly <br />or annual salary, the co unci I members are entitled to recclve that pay <br />whether or not they attend the meeting. <br /> <br />On the other hand, it might be possible to set council compensation on a <br />per-meeting basis. However, it should be noted that the above statute <br />has not yet been interpreted by the courts or the Attorney General. <br /> <br />d. Fines <br /> <br />A system of fines may be an option that a statutory city council could <br />use to punish a councilmember for non-attendance. If a city vv'ants to <br />use this approach, it should adopt an ordinance or rule establishing a <br />system of fines for missing meetings. However, as discussed above. a <br />city cannot diminish a councilmember's salary for absences that are the <br />result of illness or vacation. <br /> <br />e. Temporary replacement of councilmembcrs <br /> <br />A vacancy in the office of mayor or councilmember may be declared by <br />the council when the following occurs: <br /> <br />'- <br /> <br />. If an officeholder is unable to serve in the office or attend council <br />meetings for a 90-day period because of illness, or; <br /> <br />. If an officeholder refuses to attend council meetings for a 90-day <br />period, <br /> <br />I fan)! of these conditions occur, the council may declare a vacancy to <br />exist and fill the vacancy at a regular or special council meeting. The <br />vacancy may be filled for the remainder of the unexpired term, or until <br />the person is again able to resume duties and attend council meetings, <br />whichever is earlier. When the person is again able to resume duties <br />and attend council meetings, the council shall by resolution remove the <br />temporary officeholder and restore the original officeholder. <br /> <br />f. Abandonment of office <br /> <br />Continued failure to attend council meetings may be grounds for a city <br />council to find that an office has been abandoned and declare that the <br />office is vacant. The Attorney General has described abandonment as a <br />form of resignation, and indicated that the officer's intent is a key issue <br />in determining \,,'hether there has been an abandonment of the office. <br /> <br />'- <br /> <br />Lca2~C of ~!"innesoia-C~t)es <br />