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Chapter 4 Brian Amundson 07-09-2018
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Chapter 4 Brian Amundson 07-09-2018
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with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name placed 47 <br />on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed 48 <br />May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by 49 <br />Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) 50 <br /> 51 <br /> Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary, 52 <br />no person may file to be a candidate for election to a term that would cause the person to serve 53 <br />more than eight total years in the office of Mayor or in the office of City Councilmember 54 <br />combined. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 55 <br /> 56 <br /> A city charter provision limiting the term of an elected city official is unconstitutional 57 <br />and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 58 <br />(Minn.1995) (Resolution 5435, 4-24-2000) 59 <br /> 60 <br /> Subdivision 3. Length of Service. Service before January 1, 1995 shall not count toward 61 <br />determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 62 <br /> 63 <br /> Subdivision 4. Severability. If any part of this section shall be declared unconstitutional 64 <br />by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, 65 <br />Filed 2-21-95) 66 <br /> 67 <br />Section 4.03. Procedure at Elections 68 <br /> 69 <br /> Consistent with the provisions of this Charter and applicable state laws, the Council may 70 <br />by ordinance further regulate the conduct of municipal elections. Except as otherwise provided 71 <br />by this Charter and supplementary ordinances, general state laws on elections shall apply to 72 <br />municipal elections. 73 <br /> 74 <br />Section 4.04. Special and Advisory Elections except for Elected Office. 75 <br /> 76 <br /> The Council shall by resolution order a special or advisory election and provide all means 77 <br />for holding it per MN Statutes 205.10 Municipal Special Elections Subd 3a, 3b, 5 and 6. 78 <br /> 79 <br />Section 4.05. Vacancy of Municipal Elected Office 80 <br /> 81 <br /> Subdivision 1. Definitions 82 <br /> Vacancy – A vacancy in Elected Office occurs if either 83 <br /> a. A Council member submits a resignation of office. Such vacancy shall be 84 <br />considered effective on the date the resignation is delivered to the City Administrator or date 85 <br />specified in the resignation letter. Or. 86 <br /> b. A Council member is absent from Council Meetings for any reason for 90 87 <br />continuous calendar days. The Council shall by resolution, at the next meeting, after the 90 day 88 <br />absence, declare the vacancy and move to hold a municipal special election to fill the vacancy at 89 <br />the next available election date. 90 <br /> 91 <br /> Subdivision 2 Vacancy with 425 days or more remaining in the term 92
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