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RELEVANT LINKS: <br />"Compatibility of Offices," <br />House Information Brief <br />(July 2012). <br />5 U.S.C. §§ 7321-7326. <br />5 C.F.R. § 734.101. <br />Minn. Stat. § 43A.32. <br />Minnesota Management & <br />Budget, 400 Centennial <br />Building, 658 Cedar Street, <br />St. Paul, MN 55155; (651) <br />201-8000. <br />Minn. Stat. § 410.191. <br />Minn. Stat. § 412.02, subd. <br />la. <br />Kenney v. Goegen, 36 Minn. <br />190,31 N.W.210(1886). <br />State ex rel. Hilton v. Sward. <br />157 Minn. 263, 196 N.W. <br />467 (1923). <br />But, it can also include appointed offices such as city administrators, <br />managers, and police chiefs. Generally, an office has greater <br />responsibility, importance, and independence than mere city employment. <br />A. Public employment <br />1. Federal employees <br />Federal employees are generally prohibited from being candidates in local <br />partisan elections. An election is considered "partisan" if candidates are <br />elected as representing political parties. <br />2. State employees <br />State employees generally can run for and hold local elected office as long <br />as there is no conflict with their regular state employment. The <br />commissioner of the department of management and budget will determine <br />whether a conflict exists. <br />3. City employment <br />Neither the mayor nor any city councilmember may also be a "full-time, <br />permanent" city employee. Full-time, permanent employment is defined <br />by the city's employment policy. <br />For "part-time" positions, it must be determined if the elements or <br />responsibilities of the two positions are incompatible with one another. If <br />the two positions are incompatible, an individual may not serve in both <br />positions at the same time. <br />B. Incompatible offices—elements <br />Offices are generally incompatible when a specific statute or charter <br />provision: <br />• States that one person may not hold two or more specific positions. <br />• Requires that the officer may not take another position. <br />• Requires that the office devote to the position full-time. <br />In addition, positions may be determined to be incompatible with one <br />another. This typically occurs when the holder of one position (or the <br />group or board of which the person is a member): <br />• Hires or appoints the other. <br />• Sets the salary for the other. <br />• Performs functions that are inconsistent with the other, for example, a <br />person cannot supervise or evaluate himself or herself. <br />League of Minnesota Cities Information Memo: 10/17/2014 <br />Official Conflict of Interest Page 24 <br />