Chapter 4 Markup - Laserfiche WebLink

Home Browse Search

DRAFT 10/10/18 10:10:10 PM DRAFT Page 4 of 4 Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 147 when filling a vacant council office. 148 149 A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 150 elected office occurs with 545 days or more remaining in the term of the vacated office the Council shall 151 pass a resolution to conduct a municipal special election at the next available special election date, following 152 all necessary procedures, to elect a successor to serve the remainder of the term of the vacated office. 153 154 A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and 155 More than 126 days before a scheduled Municipal General Election. If a vacancy occurs with more than 545 156 days remaining in the term but with less than 182 days and more than 126 days before a municipal general 157 election in the office of either of the two Council members whose seats are not up for re-election, the seat 158 shall be filled by the candidate for Council member with the third highest vote total, or, in the case of two 159 vacancies, the third and fourth highest vote totals of the scheduled municipal election. Where two unexpired 160 term vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the 161 longest unexpired term. 162 163 A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 164 Municipal General Election. If a vacancy occurs with less than 126 days before the municipal general 165 election date, or if there are insufficient candidates to fill all vacancies, the Council will issues a resolution 166 setting a municipal special election for the next available special election date. 167 168 B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 169 less than 545 days remain in the term, with the exception of C) below, the Council shall by a majority vote 170 appoint a qualified voter to serve until the next available municipal election date. In the case of a tie vote of 171 the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, shall appoint a qualified voter to 172 the office before 90 days expire after the office became vacant. 173 174 C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 175 vacancy occurs with less than 126 days before a municipal general election to fill the expiring term the 176 vacancy shall be considered not to exist. 177 178 Section 4.06. Assumption of duties. 179 180 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 181 duties of office to which they were elected on the first Monday of January following such election, per MN 182 Statute 205.07, as amended. 183 Subdivision 2. Municipal Special Election 184 A) Candidates filingfilling a vacancy shall take office at or before the next regularly scheduled 185 Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 186 2004; Filed October 13, 2004). 187 188 B) Special Advisory or Referendum Elections shall take effect immediately upon the County 189 Auditor certification of the election results, unless otherwise stated in the ballot question. 190 191 Section 4.07. (was Section 4.02 Subd 4) Severability. 192 If any part of this sectionChapter shall be declared unconstitutional by the court(s) of Minnesota, all 193 others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 194