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RECEIVEU JUN 6 .S %. V'... .�1{ Im AMP* MINNESOTA STATE OF VM1 ti` OFFICE OF THE ATTORN'E�Y GENERAL L,ORI SWANSON ATTORNEY GENERAL June 3 1-1 2008 ) Mr. Jay T Squires Rat-wik,, Roszak & Maloney, A. Suite 3 )00,, 730 Second Avenue S Minneapolis NIN 55402 Dear Mr. Squires- SUITE 1800 445 IMINNESOTA STREET ST. PAUL, IN 35101-2134 TELEPHONE: (651) 297-2040 4 Than]<,, you for your correspondence dated April 24,1,200S., concerning an appointment to fill a vacancy on the Roseville City Council. You state that a member of the Roseville City, Council ("Council") whose seat will be up for el,ectioln in November of this year recently passed away and the Council is considering actin to fill the vacancy by makin,cr a "provisional appointment of'an. ind ivi dual to serve only until the 1.1) November election has been. held. After the election,, the Council would appoint the person elected for the 2,009-2012 term to serve the remainder o the current term as well. You request the opinion of this Office as to whether the described procedure is authorized. First,, the fillip of vacancies in elective offices, of S , , statut ry cities is addressed i tat. 12.012iud 06 n Mi an. , b, 2 follows. 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. Ln case of a tie vote in the eon lm-0 the rrmnyor shall make the 4 ) - A, -W 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 elleiction and. the appointed person shall serve Until the qualification o f a successor elected at a special election to fill, the unexpired portion of the term. If the vaicancy occurs on or after the first day to file affidavits of candidacy for the rec..Iular city election or when less than two years remain in the un expired term, there need not be a special election to fill the vacancy and the appointed person shal,l sen:Te until thC-., 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. TTY: (651) 282 253_13 * 7011 F,-ee Lines: (800) 657-3-17S7 (Vot ic,e), (800) _366-4812 (TTY) I www.aor.state-mmus An Equal Oppor�7anih, Ernplover Who Values S 't&Wz %0711rinted on 500/'o recycled paper (15% post consumer content) lvrm� &