Elected Office Qualifications

Q: Our city has a hard time finding people to fill vacant council seats. Can we open seats up to local business owners or those living outside city limits?

LMC: While finding creative local solutions is usually encouraged, the Minnesota Constitution and state statutes set the qualifications for elective office. These require that the individual must be:

• A qualified city voter.
• At least 21 years of age on the date of taking office.
• A U.S. citizen.
• A resident of the city for at least 30 days prior to the election.

A city does not have the authority to add to or change these qualifications, such as allowing someone residing outside of city limits to be appointed to office.

Certain boards and commissions also have statutorily mandated residency requirements. Examples of these are civil service commissions and housing and redevelopment authorities. Membership on other boards and commissions, such as planning and zoning or parks committees, is not defined by state statute so a city is free to appoint local business owners or other interested persons to serve in those positions without regard to residency.

You can read more about eligibility for elective office in the League’s Handbook for Minnesota Cities, Chapter 6, beginning on page 3 at lmc.org/handbook6.

Answered by Research Analyst Angie Storlie: astorlie@lmc.org.

Workplace Training

Q: I hold an administrative role at my city. Do I need to attend the annual A Workplace Accident and Injury Reduction training?

LMC: Most likely, yes. Employers who fall under specific industrial classification codes must develop and implement a written A Workplace Accident and Injury Reduction (AWAIR) safety program. A list of the current North American Industry Classification System (NAICS) codes can be found on the Minnesota Department of Labor and Industry website (bit.ly/AWAIRlist). Most cities fall into one or more of those codes.

AWAIR is designed to help employers and employees work together to identify and address workplace hazards to prevent accidents and injuries. It’s based on clearly stated goals and measurable objectives for meeting those goals. Failure to comply with the AWAIR program is consistently the most frequently cited violation in Minnesota.

The Minnesota Occupational Safety and Health Administration (OSHA) emphasizes that management’s participation is crucial to the program’s success. Management’s commitment is demonstrated through establishing the program, setting safety and health issues as a company priority, communicating about the program, providing the resources to achieve program objectives, setting an example, and enforcing rules.

If you want assistance with your city’s AWAIR program, please contact your League of Minnesota Cities Insurance Trust loss control field consultant.

Answered by Senior Loss Control Field Consultant Julie Jelen: jjelen@lmc.org.

Employment Forms

Q: I heard about a new Form I-9 for employment verification. When do I have to begin using it?

LMC: On Aug. 1, 2023, the U.S. Citizenship and Immigration Services released a new shortened version of Form I-9, Employment Verification. Cities could use the older Form I-9 (edition date Oct. 21, 2019) through Oct. 31, 2023. Beginning Nov. 1, 2023, cities will be subject to penalties for using the older form.

Cities must complete a Form I-9 each time they hire any person to perform labor or services in return for wages or renumeration, which is anything of value given in exchange for labor or services, including food and lodging.

Section 1 of the new form is to be completed no later than the employee’s first day of employment. This entails collecting identifying information about the employee and requires the employee to attest to their citizenship or immigration status.

Section 2 of the new form is to be completed within three business days of the employee’s first day of employment. This section requires collecting information about the employee’s identify and employment authorization. The employee must present original documentation proving their identity and employment authorization, which the city must review.

Cities will fill out Supplement B when a rehire occurs or reverification is required. Supplement B also may be used to record an employee’s name change.

Answered by Assistant Human Resources Director Joyce Hottinger: jhottinger@lmc.org.