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Lori Swanson <br />April 24, 2,008 <br />Page 2, <br />fr <br />4 <br />Based on the above,, the City of Roseville submits the following question, <br />V1 <br />May a, City, make a provisional appointment to, a vacant seat, when the provisional <br />appointee serves, only until the general election is held and canvassed, at which time the <br />Counci Imember- elect would be appointed to fill, the last, 1 - months of the expiring term? <br />ANALYSIS <br />Minn. Stat., § 412.02 deals with filling vacancies, in City Council seats. The statute does <br />not directly address the concept of provisional or caretaker appointees, who would effectively <br />hold the position, in an election year, only until the general election occurs and the will of the <br />voters is manifested. <br />Varied opinions, of your office seem to suggest that the term of a Councilmember-elect <br />cannot be accelerated, to begin earlier than January of the year following election. In fact, the <br />State Constitution, Article ', § 9, 'indicates that terms of office are to begin in January. <br />A Prompt response will be very useful to the Council as it moves forward. The current <br />sched,ule contemplates a provisional appointment in mi 0 <br />Please call 'if you have any questions, <br />Regards, <br />d.00-4 <br />Jay T. Squires <br />JTS/Imjl /slern <br />cc:, Bill Malinen, City Manager <br />RETINKNEEKH M., <br />