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KENNEDY & GRAVEN <br /> CHARTERED <br /> Attorneys at Law JAMES J.THOMSON <br /> 470 Pillsbury Center,Minneapolis,Minnesota 55402 LARRY M.WERTHEIM <br /> ROBERT A.ALSO? (612)337.9300 BONNIE L.WILKINS <br /> BRUCE M.BATTERSON JOE Y.YANG <br /> RONALD H.BATTY Facsimile(612)337-9310 — <br /> STEPHEN J.BUBUL <br /> JOHN B.DEAN DAVID L.GRAVEN(1929.1991) <br /> DANIEL J.GREENSWEIG <br /> DAVID J.KENNEDY OF COUNSEL <br /> CHARLES L.LEFEVERE ROBERT C.CARLSON <br /> JOHN M.LEFEVRE,JR. WRITER'S DIRECT DIAL <br /> ROBERT L.DAVIDSON <br /> ROBERT J.LINDALL WELLINGTON H.LAW <br /> ROBERT C.LONG FLOYD B.OLSON <br /> JAMES M.STROMMEN <br /> CORRINE H.THOMSON 337-9202 CURTIS A.PEARSON <br /> T.JAY SALMEN <br /> October 10, 1996 <br /> Chuck Whiting <br /> City Clerk-Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> RE: Legal Opinion on Charter and Statutory Procedures for Declaring and Filling City Council <br /> Vacancies <br /> Our File No. MU125-38 <br /> Dear Chuck: <br /> You have asked for a legal opinion on the procedure for declaring and filling a vacancy on the <br /> City Council under the Mounds View City Charter (Charter) and under state statutes in relation <br /> to the letter of resignation that Councilmember Hankner submitted at the September 23, 1996 <br /> City Council meeting. This legal opinion is a formal written opinion setting forth the procedures <br /> that I outlined to you and the City Council verbally before and during the September 23 City <br /> Council meeting. <br /> OPINION <br /> Issue No. 1: Procedure for Declaring a Vacancy <br /> Under Section 2.05 of the Charter, a vacancy in the Council shall be deemed to exist upon the <br /> occurrence of one of several events, including a "resignation in writing filed with the City Clerk- <br /> Administrator." Minnesota Statutes, Section 351.01, subd. 3(b) allows a resignation to be made <br /> expressly to take effect at a future date, as Councilmember Hankner did with her September 23 <br /> resignation making it effective December 31, 1996. <br /> Minnesota Statutes, Section 351.055 states that"if a future vacancy becomes certain to occur and <br /> the vacancy must be filled by a special election, the appropriate authorities may begin procedures <br /> leading the special election so that a successor may be elected at the earliest possible time." <br /> RCL111384 <br /> MU125-38 <br />