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Minnesota Statutes 2005, 412.02 <br /> Subd. 2 . Term. Terms of elective officers shall <br /> commence on the first Monday in January following the election <br /> at which the officer is chosen. All officers chosen and <br /> qualified as such shall hold office until their successors <br /> qualify. <br /> Subd. 2a. Vacancy. Except as otherwise provided in <br /> subdivision 2b, a vacancy in an office shall be filled by <br /> council appointment until an election is held as provided in <br /> this subdivision. In case of a tie vote in the council, the <br /> mayor shall make the appointment. If the vacancy occurs before <br /> the first day to file affidavits of candidacy for the next <br /> regular city election and more than two years remain in the <br /> unexpired term, a special election shall be held at or before <br /> the next regular city election and the appointed person shall <br /> serve until the qualification of a successor elected at a <br /> special election to fill the unexpired portion of the term. If <br /> the vacancy occurs on or after the first day to file affidavits <br /> of candidacy for the regular city election or when less than two <br /> years remain in the unexpired term, there need not be a special <br /> election to fill the vacancy and the appointed person shall <br /> serve until the qualification of a successor. The council must <br /> specify by ordinance under what circumstances it will hold a <br /> special election to fill a vacancy other than a special election <br /> held at the same time as the regular city election. <br /> Subd. 2b. Inability or refusal to serve. A vacancy <br /> in the office of mayor or council member may be declared by the <br /> council when the officeholder is unable to serve in the office <br /> or attend council meetings for a 90-day period because of <br /> illness, or because of absence from or refusal to attend council <br /> meetings for a 90-day period. If any of the preceding <br /> conditions occurs, the council may, after it has by resolution <br /> declared a vacancy to exist, fill the vacancy at a regular or <br /> special council meeting for the remainder of the unexpired term, <br /> or until the person is again able to resume duties and attend <br /> council meetings, whichever is earlier. When the person is <br /> again able to resume duties and attend council meetings, the <br /> council shall by resolution remove the temporary officeholder <br /> and restore the original officeholder. <br /> Subd. 3 . Clerk, treasurer combined; audit standards. (a) In <br /> cities <br /> operating under the standard plan of government the council may <br /> by ordinance adopted at least 60 days before the next regular <br /> city election combine the offices of clerk and treasurer in the <br /> office of clerk-treasurer, but such an ordinance shall not be <br /> effective until the expiration of the term of the incumbent <br /> treasurer or when an earlier vacancy occurs. After the <br /> effective date of the ordinance, the duties of the treasurer and <br /> deputy treasurer as prescribed by this chapter shall be <br /> performed by the clerk-treasurer or a duly appointed deputy. <br /> The offices of clerk and treasurer may be reestablished by <br /> ordinance. <br /> (b) If the offices of clerk and treasurer are combined as <br /> provided by this section and the city's annual revenue for all <br /> governmental and enterprise funds combined is more than the <br /> amount in paragraph (c) , the council shall provide for an annual <br /> http://www.revisor.leg.state.mn.usibin/getpub.phn?pubtype=STAT CHAP SEC&year--cu... 7/26/2006 <br />