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10-12-1993
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10-12-1993
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Sec. 4 . 05. Vacancy of Municipal Elected Office . <br /> • Subdivision 1 . When a vacancy in an elected office of the <br /> city occurs with 365 days or more remaining in the term of the <br /> vacated office, there must be a special election held within <br /> ninety days after the vacancy occurs to elect a successor to <br /> serve for the remainder of the unexpired term of the office <br /> vacated. <br /> Subd. 2 . The clerk-administrator must give at least sixty <br /> days published prior notice of the special election, except as <br /> set forth under subd. 5 of this section. <br /> Subd. 3. The procedure of the election must conform as <br /> nearly as practical to that prescribed for other municipal <br /> elections under this charter. Assumption of duties of elected <br /> officers following the election will occur as soon as practical <br /> after the canvassing board certifies the election. <br /> Subd. 4. In the case of a vacancy where there remains less <br /> than 365 days in the unexpired term, the council will by a <br /> majority vote appoint a successor to serve for the remainder of <br /> the term. In the case of a tie vote of the council, the mayor <br /> will make the appointment. <br /> Subd. 5. When a vacancy occurs within 120 days prior to a <br /> • regular municipal election date, the special election to fill the <br /> vacancy will coincide with the regular election. If the vacancy <br /> occurs within sixty days prior to the regular election date, the <br /> notice of the vacancy must be published as soon as is practical . <br /> If, within the 120 day period before a regular municipal <br /> election, the vacancy occurs in the office of mayor or in the <br /> office of either or both of the councilmembers whose seats are to <br /> be decided in the election, the vacancy shall be considered not <br /> to exist for purposes of the election. However, if the vacancy <br /> occurs in the office of either or both of the two councilmembers <br /> whose terms are not up for election, the seat will be filled by <br /> the candidate for councilmember with the third and fourth highest <br /> vote totals respectively. <br /> Subd. 6 . If there are insufficient numbers of candidates <br /> in a regular or special election to fill expiring or vacated <br /> municipal offices, the city council will fill said offices by <br /> appointment until the next regular municipal election. In the <br /> case of a tie vote of the council, the mayor will make the <br /> appointment. <br />
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