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CHAPTER 6 Minn.Stat.§351.02(5). In certain situations,removal by operation of law can occur.A vacancy A.G.Op.490D(Nov. 18, occurs if an elected official is convicted of any"infamous"crime.An 1952). Minn.Stat.§609.02, infamous crime is a felony;that is,a crime for which a sentence of subd.2.Minn.Stat.§609.42. imprisonment for more than one year may be imposed. For example,bribery is a felony. Thus,a bribery conviction would result in the elected official's immediate removal from office.In addition,any public officer convicted of bribery is forever disqualified from holding public office. Minn.Stat.§609.43. Minn. Misconduct of a public officer or employee,as defined by law,is a gross Stat.§609.02,subd.a. misdemeanor. Therefore,a misconduct conviction is not an infamous crime, and does not automatically result in an elected official's removal from office. Minn.Stat.§351.02(5).Minn. A vacancy does occur,however,when an elected official is convicted of an V,3 68.05.Minn.coast. cart. offense involving a violation of the individual's official oath.Many offenses See,Minn.Stat.§§609.415- that are not felonies or"infamous"crimes may involve a violation of an .475. individual's oath and may result in a vacancy upon conviction. Minn.Stat.§13D.06,subd.3. A vacancy also occurs if a councilmember is found to have intentionally Brown v.Cannon Falls Twp., violated the open meeting law on at least three separate occasions.If a court 723 N.W.2d 31(Minn.App. 2006). finds a third, separate intentional violation, it must declare the position vacant and notify the appointing authority or clerk. 4. Termination of city residency Minn.Stat.§351.02(4). A vacancy occurs when a city councilmember ceases to be a resident of the city. Residence is a factual question the council must determine in each case. Voting in the city is only one indication of residence.The office holder's intent and availability to perform official duties are additional criteria that should be considered.A councilmember becomes a non-resident when the property where the councilmember lives is detached from the city. 5. Failure to qualify for office Minn.Stat.*351.02(6). An elected official may fail to qualify for office by refusing or neglecting to take the oath of office,to give or renew an official bond,or to deposit such oath or bond within the time prescribed by law. This type of vacancy is not automatic.A newly elected official may qualify at any time prior to the council declaring the office vacant. 6. Abandonment A.G.Op.99(Aug.26,1920). Whether an abandonment of office actually occurs is difficult to determine. The intent of the office holder is the controlling factor.The attorney general, while cautioning that this is a question of fact,has indicated that failure to participate in council activities for three months is sufficient grounds for declaring an abandonment of office. 6:6 This chapter last revised 08/30/2012 LEAGUE OF MINNESOTA CITIES