The offices of mayor of a statutory city and the fire chief of an independent nonprofit firefighting corporation serving the city are not incompatible offices and a person may concurrently hold both offices if all of the following conditions exist:

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Terms Used In Minnesota Statutes 412.152

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44

(1) the mayor does not appoint the fire chief;

(2) the mayor does not set the salary or benefits of the fire chief;

(3) neither officer performs functions that are inconsistent with the other’s;

(4) neither officer in the officer’s official capacity contracts with the other; and

(5) the mayor does not approve the fidelity bond of the fire chief.