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Mr. Neal Beets January 19,2004 Page 2 other. In our opinion, membership on these citizen advisory commissions is not legally incompatible with membership on the City Council. The Roseville Police Civil Service Commission is established pursuant to Minnesota Statutes Chapter 419. Minnesota Statute §419.02 specifically states that a member of a city police civil service commission cannot hold elective office or be an employee of the city. A City Council seat is an elective office whether the person holding it is elected or appointed. The issue of whether membership on this commission is compatible with a seat on the City Council is irrelevant because of this statute. A member of the Roseville Police Civil Service Commission would thus vacate his or her seat on the Commission if he or she accepted an appointment to fill the current Council vacancy. Minnesota Statute §412.111 gives a city council the authority to establish citizen advisory commissions as it deems necessary for the proper management and operation of the city. The statute leaves it to a city council to set the powers and duties of such commissions, as allowed under law. As part of creating a commission and setting its duties, a city council can determine the criteria for membership on the commission. A city council can specify in the ordinance establishing a commission that a member may not also serve on the city council. Section 412.111 also gives a city council the power to remove a commission member when it determines doing so will promote the public welfare. The Roseville City Code specifically states that one member of the Roseville Planning Commission may be a City Councilmember. This provision would suggest that as recently as 1995, when Code Section 201.02 was last revised, the Council did not believe the two positions conflicted. It does not appear that the Planning Commission membership currently includes a Councilmember. Therefore, a member of the Planning Commission would not be required to resign if appointed to fill the current Council vacancy. �� The Code does not address City Council members serving on other City advisory commissions. We believe that absent a legal incompatibility or a Code or statutory prohibition, a member of any of the other advisory commissions may also hold a seat on the City Council. � While a commission member may legally hold a seat on the City Council, doing so may create, in some minds, an appearance of impropriety. The Council has wide discretion in whom to appoint to fill the current Council vacancy. The Council may requi�an applicant on an advisory commission to resign, take a leave of absence, or any other action it believes appropriate as a condition of appointing that person to fill the Council vacancy.