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<br />Minnesota Statutes 2002, 412.02 <br /> <br />Page 2 of3 <br /> <br />council appointment until an election is held as provided in <br />this subdivision. !n c~s_e oL a tie vot~ in the council, th~_ <br />mayor shall make the appointment. If the vacancy occurs before <br />-the first day SO-file affidavits ~f candidacy for the next <br />regular city election and more than two years remain in the <br />unexpired term, a special election shall be held at or before <br />the next regular city election and the appointed person shall <br />serve until the qualification of a successor elected at a <br />special election to fill the unexpired portion of the term. If <br />the vacancy occurs on or after the first day to file affidavits <br />of candidacy for the regular city election or when less than two <br />years remain in the unexpired term, there need not be a special <br />election to fill the vacancy and the appointed person shall <br />serve until the qualification of a successor. The council must <br />specify by ordinance under what circumstances it will hold a <br />special election to fill a vacancy other than a special election <br />held at the same time as the regular city election. <br /> <br />Subd. 2b. Inability or refusal to serve. A vacancy <br />in the office of mayor or council member may be declared by the <br />council when the officeholder is unable to serve in the office <br />or attend council meetings for a 90-day period because of <br />illness, or because of absence from or refusal to attend council <br />meetings for a 90-day period. If any of the preceding <br />conditions occurs, the council may, after it has by resolution <br />declared a vacancy to exist, fill the vacancy at a regular or <br />special council meeting for the remainder of the unexpired term, <br />or until the person is again able to resume duties and attend <br />council meetings, whichever is earlier. When the person is <br />again able to resume duties and attend council meetings, the <br />council shall by resolution remove the temporary officeholder <br />and restore the original officeholder. <br /> <br />Subd. 3. Clerk, treasurer combined. In cities <br />operating under the standard plan of government the council may <br />by ordinance adopted at least 60 days before the next regular <br />city election combine the offices of clerk and treasurer in the <br />office of clerk-treasurer, but such an ordinance shall not be <br />effective until the expiration of the term of the incumbent <br />treasurer or when an earlier vacancy occurs. After the <br />effective date of the ordinance, the duties of the treasurer and <br />deputy treasurer as prescribed by this chapter shall be <br />performed by the clerk-treasurer or a duly appointed deputy. <br />The offices of clerk and treasurer may be reestablished by <br />ordinance. If the offices of clerk and treasurer are combined <br />as provided by this section and the city's annual revenue for <br />all governmental and enterprise funds combined is more than <br />$100,000, the council shall provide for an annual audit of the <br />city's financial affairs by the state auditor or a public <br />accountant in accordance with minimum auditing procedures <br />prescribed by the state auditor. If the offices of clerk and <br />treasurer are combined and the city's annual revenue for all <br />governmental and enterprise funds combined is $100,000 or less, <br />the council shall provide for an audit of the city's financial <br />affairs by the state auditor or a public accountant in <br />accordance with minimum audit procedures prescribed by the state <br />auditor at least once every five years, which audit shall be for <br />a one-year period to be determined at random by the person <br />conducting the audit. <br /> <br />http://www.revisor.leg.state.mn.uslstats/ 412/02.html <br /> <br />9/19/2003 <br />