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Where as; The Charter does not provide for conditional resignations by elected officials of the city, and <br /> Where as: Minnesota State Law sets forth in Chapter 410.21 Application of general election laws. <br /> The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall <br /> control as to nominations, primary elections, and elections for municipal offices, notwithstanding that <br /> such charter provisions may be inconsistent with any general law relating thereto, and such general <br /> laws shall apply only in so far as consistent with such charter. <br /> HIST: (1295) 1909 c 170 s 6 , Which confirms the authority of the city charter over state laws, <br /> and <br /> Where as; The City Council action on September 23, 1996 in accepting Councilmember Hankner's <br /> resignation by simple motion was nonconforming to Charter Section 2.05, Minnesota State Law 410.21 <br /> and Charter Section 4.05, <br /> Now Therefore be it resolved, The Charter Commission of the City of Mounds View respectfully notifies <br /> the City Council that council processes on September 23, 1996, regarding the resignation of <br /> Councilmember Susan Hankner, appear nonconforming to requirements of both the Charter and state <br /> law, and <br /> Be It Further Resolved, the Charter Commission commends Councilmember Susan Hankner for her <br /> efforts to avoid the added expenses of a special election, and <br /> Be It Further Resolved, the Charter Commission of the City of Mounds View respectfully suggests <br /> Councilmember Susan Hankner resubmit her resignation effective by November 4, 1996 to ensure <br /> compliance with charter requirements should it remain her desire to avoid a special election. <br /> Those voting in favor of the resolution: <br /> Those voting against the resolution: <br /> Signed: <br /> Secretary <br /> Signed: <br /> Chairman <br /> October 3, 1996 <br />