§ 8.2. Officers generally.  


Latest version.
  • Except as this charter otherwise provides:

    (a)

    Oath. Before taking office, each officer must sign and file with the City Clerk an oath in substantially the following form: "I swear [or 'affirm'] that I will faithfully discharge the office of [title], and will support the constitutions of the United States and of Minnesota."

    (b)

    Bond. The City Clerk, the finance officer, and any other officer that the City Council requires, must before taking office deliver an executed bond in whatever amount and form and on whatever conditions the Council requires.

    (c)

    Term. Except as this charter, an ordinance, or a general or special law otherwise provides, each officer's term is two years.

    (d)

    Tenure. Each officer takes office, after having qualified and taking the required oath—

    (1)

    in the case of an elected officer other than a Council member, elected in a regular election, on the first weekday in January that is not a holiday in the calendar year next following the election;

    (2)

    in the case of Council members, elected in a regular election, on the first Monday in January in the calendar year next following the election;

    (3)

    in the case of an elected officer elected at a special election, when the results are certified;

    (4)

    in the case of an officer appointed under section 8.4(b), other than the police chief, on the first weekday in January that is not a holiday in an even-numbered year;

    (5)

    in the case of the police chief, on the first weekday in January that is not a holiday in the year the appointment starts; and

    (6)

    in the case of any other office, as any applicable ordinance provides, otherwise upon election or appointment.

    (e)

    Holding over. Each officer serves until his or her successor has qualified and takes office.

    (f)

    Duties. Each officer must perform the duties that this charter or any other applicable general or special law, ordinance, or rule, or the electing or appointing body, prescribes.

    (g)

    Vacancy.

    (1)

    Determination.

    (A)

    Elected office. Each board to which the voters elect an elected officer determines when that office is vacant.

    (B)

    Other office. The electing or appointing body determines when any other office is vacant.

    (2)

    Resignation. Any officer may resign—

    (A)

    by tendering a written resignation that the electing or appointing authority accepts; or

    (B)

    in any other manner provided by law.

    (3)

    Removal. The electing or appointing body (or, in the case of an elected office, the City Council) may remove any officer after notice and hearing. The notice must specify—

    (A)

    the cause for removal, and

    (B)

    the hearing's time and place.

    The electing or appointing body may compel the testimony of any witness who may have relevant information, and may compel the production of any relevant book, document, or thing. This section is subject to section 8.4(b)(6), for whose purposes the appointing body is the City Council.

    (4)

    Vacancies. The electing or appointing body may fill any vacancy that this charter does not provide another method of filling. Where the voters are the electing body, the City Council may fill the vacancy. A successor filling a vacancy serves only until an elected successor takes office or for the unexpired term's remainder.

( Ord. No. 2016-086 , §§ 8, 9, 12-9-16, eff. 3-12-17)