12-20-2006 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borer Patrick J. Sweeney Robin D. Tourney Joseph J. Murphy Sweeney, Borer & Sweeney Professional Association Attorneys at Law Blacktern Professional Building 3250 Rice Street St. Paul, MN 55126 November 22, 2006 VIA E -MAIL & U.S. MAIL Mr. Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 Telephone (651) 222-2541 Facsimile (651) 223-5289 Re: Vacancy in Office Our File No. 10971 Dear Joel: Minn. Stat. §412.02, Subd. 2(a), entitled "Vacancy ", provides in part as follows: "..., a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the Mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term..... The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." Because of Council Member James LaValle's untimely death, a vacancy exists in the office of Council Member for the term of office commencing January 1, 2007, through December 31, 2010. Since more than two years remain in the unexpired term, a special election shall be held at or before the next regular City election, November 6, 2008. If the Council determines that a special election be held prior to that date, the Council must adopt an ordinance describing the circumstances for the holding of a special election to fill the vacancy other than at the time of the regular City election.