Determination of inability to perform official duties.
Minneapolis Code of Ordinances § 128.310
in effect128.310. - Determination of inability to perform official duties.
(a) Purpose. This section establishes the procedures to determine when an elected official is unable to perform the duties of their office for the purposes of activating the succession plan during a declared state of local emergency to ensure continuity of government functions.
(b) Self-declaration of temporary inability to perform official duties. Whenever practicable, elected officials shall self-declare any temporary situation or circumstance which would render them unable or unavailable to perform their official duties. The mayor or any council member may make a self-declaration of a temporary inability to perform their official duties by submitting written notice of the situation or circumstances to both the city coordinator and city clerk, whereupon the line of succession shall be activated as provided in section 128.170(b)(1). The mayor or any city council member that self-declared their temporary inability to serve under this section may rescind such self-declaration at any time by sending written notice of such rescission to the city coordinator and city clerk.
(c) Declaration by city council.
(1) If an elected official is for any reason unable or unavailable to perform the duties of office but fails to submit a self-declaration of that fact, then the city council may, by resolution, determine that the elected official is unable to discharge their official duties. The resolution of the city council shall be made only upon findings of fact provided jointly by the city coordinator, city attorney, and the director of the office of emergency management (or their successors), which shall detail the facts and circumstances that support the conclusion that an elected official is unable to perform their official duties. The findings submitted by the city coordinator, city attorney, and director of the office of emergency management (or their successors) must be made part of the public record when acted upon by the city council.
(2) An elected official determined by resolution of the city council to be unable to perform their official duties may appeal that decision by filing a notice of appeal with the city clerk. If an appeal is filed with the city clerk, the city council shall provide an opportunity for the elected official to present evidence that they are capable of resuming their official duties. After providing the elected official an opportunity to submit evidence that they are capable of performing official duties, and based on the evidence in the record, the city council may sustain its original determination that the elected official is unable to perform official duties by a two-thirds majority vote.
(3) The city council may, by resolution, determine that the cause for the temporary inability or incapacitation which had prevented the mayor or a council member from performing official duties has been resolved or terminated and reinstate that elected official to their respective office.
(4) Any elected official who is determined by resolution of the city council to be unable to perform the duties of office shall not participate in, shall not vote upon, and shall not take any other dispositive action with respect to either the original decision or any subsequent decision on appeal made by the city council. If the appeal is denied, the elected official who is determined to be unable to perform official duties may seek any and all remedies available through the courts, including by writ of mandamus.
(5) If the action of the city council results in a determination that the mayor or council president is unable to perform their official duties, the line of succession shall be automatically activated.
(d) Vacancy in office. If the mayor or any member of city council is determined by the city council to be unable to perform the duties of office because of death or permanent incapacitation during a declared state of local emergency, then the city council may, by resolution, declare a vacancy in that office and act to fill the vacancy by appointment as provided under City Charter, Section 8.2(g)(4). (Ord. No. 2020-023, § 1, 4-10-20)
Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT6EMPRMA_CH128EMMA_128.310DEINPEOFDUFetched: 11/2/2026