HomeMy WebLinkAboutRESOLUTION 2013-04 Appointment to Fill Council Vacancy Memo
MAYOR & COUNCIL COMMUNICATION
DATE: 1/15/2013
REGULAR
ITEM #: 14
MOTION
AGENDA ITEM: Appointment to Fill Council Vacancy
SUBMITTED BY: Adam Bell, City Clerk
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Dean Zuleger, City Administrator
SUMMARY AND ACTION REQUESTED:
Due to the vacancy created on the Council as a result of Council Member Mike Pearson’s
resignation in order to serve as Mayor, a vacancy exists on the Council, and Minnesota State
Law requires the position be filled in a timely manner. The Council is respectfully asked to
appoint an individual who is eligible for election to this position for the remainder of the
unexpired term.
BACKGROUND & STAFF REPORT:
Mike Pearson was elected to the office of Council Member for the period of January 3, 2011 to
January 5, 2015. On November 6, 2012, Council Member Mike Pearson was elected to the office
of Mayor, for the period of January 7, 2013 to January 2, 2017. This elevation required Council
Member Pearson to resign from the Council, which resulted in a vacancy on the Council.
Pursuant to Minn. State Statute § 412.02, Subd. 2a, vacancies shall be filled by council
appointment. Because the vacancy occurred with less than two years of the unexpired term, a
Special Election is not required. Applications for the vacancy were collected by the City Clerk.
Four applicants applied to fill the vacancy. Interviews of those applicants were held on January
15th 2013, immediately preceding this meeting.
As mentioned, 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.
State law generally provides that the terms of elected city officials begin on the first Monday in
January following the election. However, the attorney general has advised that a person elected
to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate.
RECOMMENDATION:
It is recommended that the City Council appoint an individual who is eligible for election to this
position for the remainder of the unexpired term, pursuant to state statute, by making the
following recommended motion:
“Move to appoint _________________________________ to the Council for
the remainder of the term previously held by Council Member Mike Pearson,
and her/his appointment shall expire on January 5, 2015.”
ATTACHMENTS:
1) Resolution 2013-04: A Resolution Appointing Council Member to Fill Vacancy
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item…………………………………….....City Administrator
- Report/Presentation………………………………………...City Administrator
- Questions from Council to Staff……………………………..Mayor Facilitates
- Public Input, if Appropriate………………………………….Mayor Facilitates
- Call for Motion…………………………………………Mayor & City Council
- Discussion………………………………………………Mayor & City Council
- Action on Motion…………………………………………….Mayor Facilitates
AUTHORITY:
2012 Minnesota Statutes: § 412.02 CITY ELECTIONS; OFFICERS, TERMS,
VACANCIES, CITY EMPLOYEES.
Subd. 2a.Vacancy.
Except as otherwise provided in subdivision 2b, 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. If the vacancy occurs on or after the first day to file
affidavits of candidacy for the regular city election or when less than two years remain in the
unexpired term, there need not be a special election to fill the vacancy and the appointed person
shall serve until the qualification of a successor. 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