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Chuck Whiting October 10, 1996 Page 2 Applying general state law on election matters in a manner consistent with the provisions of the Charter is permitted by Section 4.03 of the Charter. Therefore, the City Council could accept Councilmember Hankner's written resignation at the September 23 meeting and declare a vacancy to exist under the terms of the Charter and state law. To avoid any procedural questions such as those raised by the Charter Commission regarding the manner in which the Council accepted Councilmember Hankner's resignation, the Council should act by written resolution at its October 14 meeting to ratify the action taken by motion at the September 23 meeting accepting Councilmember Hanker's resignation. Issue No. 2: Procedure for Filling a Vacancy The procedure for filling a vacancy that occurs within 120 days prior to a regular municipal election date is set forth in Section 4.05, subd. 5 of the Charter. That section states in part as follows: When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, a special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within 60 days prior to an election date, the notice of such vacancy shall be published as soon as practicable. If within the 120-day period before a regular municipal election, the vacancy occurs in the office of the mayor or in the office of either or both of the councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two councilmembers, the seat shall be filled by the candidate for councilmember with a third highest vote total, or in the case of two vacancies, the third and fourth highest vote totals. (Emphasis added) Pursuant to Section 4.02 of the Charter, no one may file for a municipal election later than 56 days before the election. Therefore, in the case of Councilmember Hankner's resignation, which created a vacancy occurring less than 56 days prior to the regular municipal election, the City Clerk could publish notice of the vacancy as soon as practicable pursuant to Section 4.05, subd. 5 of the Charter and the vacancy would be filled by the third highest vote-getter among the candidates for the two City Council seats that had been listed on the ballot as set forth in the procedures under Section 4.05, subd. 5 of the Charter. Under Minnesota Statutes, Section 205.16, subd. 4, the City Clerk must provide written notice to the county auditor regarding the offices and questions to be voted on in the election. Therefore, the ballot would properly indicate that voters should vote for the two city council offices which had been certified to the Ramsey County Auditor and Election Bureau. However, pursuant to Section 4.05, subd. 5 of the Charter, the third highest vote getter for these two council offices would fill the vacancy. RCL111384 MU125-38