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Mr. Jay T. Squires June 13, 2008 Page 2 Thus, the Council is required to appoint a person to fill the vacancy in the current term until the, election and qualification of a successor. elected to fill the unexpired portion ~tie current Second 3 in cases, where a successor ' I s term, that person would be eligible to qualify and assume office irnined,lately upon receiving a if cert. icate ofellection.7 and the tenure of the appointee Would terminate at that time. See Op. Atty. Ge�ni, 4,7'1 -M, November 23 W 3� 1999 (copy enclosed). Third, When no special election is held to choose a, person to serve for the remainder of the unexpired term, the successor to the appointee will, be the person elected at the regular city CD election to the, term begirtruna. 'the fo-1lowin Tanuary.1 You indicate there was less than two 9- years remaining in the term of the deceased Council member. Therefore a special elect-ion is not required by statute and the appointee would be entitled to serve out the remainder of the term. Finally', whil e the language of section 412.02. subdivision2a does not preclude the City from holdinor a special eleiction, pursuant to ordin,ancle to choose someone to serve the remainder of a vacant term of less than two years, the statut e- contains no authority for the Council to shICI rten the initial appointee's tenure unilaterally in order to appoint a replacement.' For the forecroina reasons we answer your question, in the negative. Z� lz� (651) 297'-11,41 (Voice) 7197-12'3`5 (Fax) I � 4" (65'1) Enclosure.,- Op, Atty. Gen. 47 1-1', November'.) 3 5 19,919 " I See Nliron. Stat. 1§ 411 006) (terms of elected statutory city officers commence on the first Ntoniday in January folliowincr their election). 2 Prior to 1999, subdivision 2a provided that when less than two years remained in the unexpired term "there shall be no special election to fill the vacanicv." Weverj the Coune'l would acra'n have the Should the oricrinal appointee vacate the position Z) i 7 ho authority- and rcsponsibili�y to make a new appointment to fill the vacancy.