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Charter_Ch._4_Clean_JJT_201901231111
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Charter_Ch._4_Clean_JJT_201901231111
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1/23/19 11:11:58 DRAFT Page 3 of 3 <br />3) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 100 <br />the City Administrator. The Council shall at the next meeting after receiving the certificate affirm 101 <br />or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall 102 <br />by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2. 103 <br /> 104 <br />Subdivision 2. When a vacancy in an elected office of the City occurs with 426 days or more 105 <br />remaining in the term of the vacated office, there shall be a special election held in no more than 126 days, 106 <br />if such election can be held in November, and no more than ninety-nine days, if such election is held in 107 <br />February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy occurs to elect 108 <br />a successor to serve for the remainder of the unexpired term of the office vacated,. 109 <br /> 110 <br /> Subdivision 3. When a vacancy in an elected municipal office occurs, under Subdivision 2 above, 111 <br />with less than 182 Days and more than 126 days prior to a regular municipal election date, the special election 112 <br />to fill the vacancy shall coincide with the regular municipal election under the following procedures. 113 <br /> A ) When a vacancy occurs with less than 126 days prior to the regular municipal election date, the 114 <br />notice of such vacancy shall be published as soon as is practicable. If within the 126 day period before a 115 <br />regular municipal election, such vacancy occurs in the office of either of the two Council-members unexpired 116 <br />terms, the seat shall be filled by the candidate for Council-member with the third highest vote total, or, in the 117 <br />case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with 118 <br />the third highest total shall fill the vacancy in the office having the longest unexpired term. 119 <br /> B) When a vacancy occurs within the 126 day period before a regular municipal election, in the office 120 <br />of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, 121 <br />said vacancy shall be considered not to exist for the purposes of the election. 122 <br /> 123 <br /> Subdivision 6. In the case of a vacancy where there remains less than 426 days in the unexpired term, 124 <br />the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a 125 <br />tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the Mayor's office, then 126 <br />the Acting Mayor shall make said appointment. 127 <br /> 128 <br /> Section 4.07. Assumption of duties. 129 <br /> 130 <br /> Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 131 <br />duties of office to which they were elected on the first Monday of January following such election, per MN 132 <br />Statute 205.07, as amended. 133 <br /> 134 <br /> Subdivision 2. Municipal Special Election Candidates filling a vacancy shall take office at or before 135 <br />the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; 136 <br />Adopted September 27, 2004; Filed October 13, 2004). 137 <br /> 138 <br />A) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 139 <br />certification of the election results, unless otherwise stated in the ballot question. 140 <br /> 141 <br /> Section 4.08. Severability. 142 <br /> If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others 143 <br />shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 144 <br /> 145 146
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