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<br /> <br />Proposed Charter Commission Amendment Language <br /> <br /> <br />Section 4.05. Vacancy of Municipal Elected Office. <br /> <br />Subdivision 1. When a vacancy in an elected office of the City occurs with 730 365 days or <br />more remaining in the term of the vacated office, there shall be a special election held within ninety <br />days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of <br />the office vacated. <br /> <br />Subdivision 2. The City Administrator shall give at least sixty days published prior notice of <br />such special election, except as set forth under Subdivision 5 of this section. <br /> <br />Subdivision 3. The procedure at such election and assumption of duties of elected officers <br />following such election shall conform as nearly as practicable to that prescribed for other municipal <br />elections under this Charter. <br /> <br />Subdivision 4. In the case of a vacancy where there remains less than 730 365 days in the <br />unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder of <br />said term. In the case of a tie vote of the Council, the Mayor shall make said appointment. <br /> <br />Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to <br />a regular municipal election date, the special election to fill the vacancy shall coincide with the <br />regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice <br />of such vacancy shall be published as soon as is practicable. If within the 120 day period before a <br />regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or <br />both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be <br />considered not to exist for purposes of the election. However, if such vacancy occurs in the office of <br />either of the other two Councilmembers, the seat shall be filled by the candidate for Councilmember <br />with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote <br />totals. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in <br />the office having the longest unexpired term. Candidates filing a vacancy shall take office at or <br />before the next regularly scheduled Council meeting following election certification. <br /> <br />Subdivision 6. If there are insufficient numbers of candidates in a regular or special election <br />to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment <br />until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall <br />make said appointment.