Charter_Ch._4_Clean_JJT_201901231111

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1/23/19 11:11:58 DRAFT Page 2 of 3 51 Subdivision 2. The Election Day Notice shall be posted or published by the City Administrator sixty 52 days prior to Election Day at City Hall, in the City's official newspaper, and all media outlets regularly used 53 by the City. The notice shall include the City elections date, places and times (including times for “early” 54 absentee voting). At least fifteen days prior notice shall be given by the City Administrator by posting a notice 55 thereof in at least one public place in each geographic election precinct where a City maintained “Welcome to 56 the City of Mounds View” signage is posted providing the time and place of holding such election. Failure to 57 give such notice shall not invalidate such election. . 58 59 Section 4.04. Filing for Office. 60 61 Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame 62 specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee portion 63 of the Statute shall be superseded by the following: Any resident of the City qualified under state law for 64 elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in 65 compliance with MN Statute 205.13, Subd. 4, as amended, to the City Administrator, have their name placed 66 on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; 67 Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 68 2013, Effective May 12, 2013.) 69 70 Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 71 may file to be a candidate for election to a term that would cause the person to serve more than eight total 72 years in the office of Mayor or in the office of City Council-member combined. (11-8-94 Election, Effective 73 12-8-94, Filed 2-21-95) 74 75 * A city charter provision limiting the term of an elected city official is unconstitutional and 76 unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 77 (Resolution 5435, 4-24-2000) 78 79 Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 80 service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 81 82 Section 4.05 Insufficient number of Candidates. If there are insufficient numbers of candidates in a 83 municipal general or special election to fill the expiring or vacated Council member’s offices of that election, 84 the City Council may fill said offices by appointment until the next available municipal special election. In 85 the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's position is 86 vacant the Council by resolution shall set a municipal special election for the next available special election 87 date. 88 89 Section 4.06. Vacancy of Elected Office. 90 91 Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 92 1) A Council member submits a resignation of office. Such vacancy shall be considered effective on 93 the date the resignation is delivered to the City Administrator or date specified in the resignation 94 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 95 vacancy according to Subdivision 2. Or. 96 2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 97 days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 98 vacancy and move to fill the vacancy according to Subdivision 2. Or 99