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CHAPTER 6 D. Term limits Minn.Const.art.VII,§6. The Minnesota Constitution establishes the eligibility requirements for public Minn.coast.art.xlt,§§3,4. Minneapolis Term Limits office without authorizing the adoption of additional requirements.Therefore, Coalition v.Keefe,535 a charter city may not enact term limits as an eligibility requirement. N.W.2d 306(Minn.1995). E. Vacancies Minn.Stat.§351.02. Vacancies in an elective office in a statutory or home rule charter city may occur for the following reasons: 1. Death Minn.Stat.§351.02(1),(8). The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office,the vacancy exists from the date the term would have started. 2. Resignation Minn.Stat.§351.02(2).Minn. A resigning elected public official must submit a written resignation to the Stat.§351.01,subs. 1. council.After receiving a resignation,the council should pass a resolution stating it has received and accepted the resignation,and declaring that a vacancy exists. Minn.Stat.§351.01,subds.2, Unless the resignation expressly states it is to take effect at a future date,the 3,in 4.See informal A.C.letter resignation will be effective when received by the council.If the resignation opinion dated March 3,2003 � �' � (advising that Minnesota law states it takes effect on a specified date,the vacancy occurs on that date if it does not require that a written has been received by the council or other official authorized by the council to resignation be"received"by the council during a formal receive documents on its behalf even if the council has not formally accepted meeting in order to be it at a council meeting.To withdraw a prospective resignation,the resigning effective). officer must submit a written statement of withdrawal in the same manner as the resignation. In order to be effective,the withdrawal must be received before the council accepts the resignation by resolution or before an officer authorized to receive it has issued a written acceptance. 3. Removal by operation of law In most situations, it is not possible to remove statutory elected officials before the end of their terms, for cause or otherwise. Cities should consult with their city attorneys before attempting removal of any elected official. Statutory city voters have no recall authority. Some home rule charters, however, give voters this option,but there remains some question as to whether this type of charter provision is constitutional. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 08/30/2012 6:5