11-10-2004 Council Agenda - Laserfiche WebLink

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515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ci.little- canada.mn.as MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: November 5, 2004 RE: Council Vacancy Process MAYOR Michael 1. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener AD MIN ISCRATOR Joel R. Hanson Given the results of the past municipal election, a vacancy on the City Council will occur when Council Member Blesener assumes the position of Mayor. In discussing this situation with the City Attorney, the steps we need to take are as follows: 1. Council Member Blesener will need to submit a letter of resignation for his Council seat effective January l 1, 2005. (Ideally, this would occur at our next meeting.)' 2. The Council adopts a resolution declaring a vacancy in the office effective on January 11th. 3. The Council will need to 011 the vacancy. In filling the vacancy, there are two options in this case. The first is to hold a special election to fill the seat. With less than two years remaining in this term (due to resignation taking effect on 1/11/05 and expiring 12/31/05), a special election is not required. Staff estimates the cost of this election in a range of $3,000 to $3,500, not including staff time. If the council chooses to holcl a special election to fill a vacancy at a time other than at the regular city election, it must first adopt an ordinance specifying the circumstances under which such an election will be held. The other option is to appoint a person to fill this position. According the League of Minnesota Cities' Handbook for Statutory Cities, state law provides that statutory city councils make the appointment to fill a vacancy, except in the case of a tie vote when the mayor makes the appointment. That means all members of the council, including the mayor, can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment. State law does not place any limitation on a mayor's ability to make an appointment in the case of a tie vote. As a result, the mayor can appoint any qualified person willing to fill the vacancy even if that person was not the subject of the original appointment vote. If the vacancy is for the mayor's office and the council casts a tie vote, the acting mayor should make the appointment. The acting mayor may not, however, appoint himself or herself. The council :nay appoint any individi,ni who is eligible for election to that office. Generally, to be eligible a person must be a U.S. citizen, a resident oh the city, and at least 21 years old. The council is not obligated to appoint any candidate previously defeated in an election for the office.