8.11. SR 03-21-1994 - Laserfiche WebLink

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---- -~ -.r- ~ D 2 'S3~ .eague of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 (612) 490-5600 February 8, 1994 Pat Klaers, City Administrator Box 490 Elk River, MN 55330 Dear Mr. Klaers: ~ '" (J First, you had asked about the procedure for changing the mayor's term from that of a two year term to a four year term. Generally speaking, this is done by ordinance in a statutory city (see Minn. stat. 412.022--a copy is enclosed). However, since Elk River was originally incorporated under a special law (Special Laws of Minnesota 1881, Chapter 12), the city may not be able to use the statutory procedure outlined in Minn. Stat. 412.022. I checked the 1881 law and also the special laws that amended the original incorporation (Special Law 1885, Chapter 68; Special Law 1887, Chapter 33; and Special Law 1889, Chapter 74) and found no provision that would empower the council to change the mayor's term from two years to four. 4Ikhi1e one might try to argue that Minn. stat. Chapter 412 was passed to give some uniformity to the way in which statutory cities are run, it would seem that Minn. Stat. 412.018 specifically lists cities that were incorporated under special laws that are now governed by Minn. Stat. Chapter 412. In short, you may want to get the opinion of your city attorney as to whether this chapter of the statutes would supersede the special law that Elk River incorporated under. If Chapter 412 does supersede the special law, the council could change the mayor's term to a four year one simply by passing an ordinance. In order for it to take affect beginning with the January 1, 1995 term, the ordinance must be ~ass7d at least, four weeks before the closing date for filing affldavlts of candldacy for the November 1994 election. However, if Chapter 412 does not supersede the special law that Elk River incorporated under, it is likely that you will need to seek special legislation in order to make a change in the mayor's term. to ".., '* 412.022 COUNCIL MAY PROVIDE FOUR-YEAR TERM. Subdivision 1. Procedure. The council may, by ordinance, establish a four-year term or reestablish a two-year term for the office of mayor commencing with the ensu- ing term, except that in a standard plan city which establishes a four-year term for mayor, the first mayor to serve a four-year term shall be elected at the first election when the clerk is not to be elected. In any case the ordinance shall not affect the term of the mayor elected in the year in which it is adopted unless it is adopted at least four weeks before the closing date for the filing of affidavits of candidacy for such election. Subd. 2. [Repealed, 1976 c 44 s 70] Subd. 3. [Repealed, 1976 c 44 s 70] History: 1967 c 289 s J6; 1969 c 238 s 1; 1973 c 34 s 3; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 22; 1984 c 655 art 1 s 64 I f