K&G_DOCSOPEN-#761289-v3-Memo_to_Charter_Commission_regarding_Charter_language

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Section 4.03. Filing for Office. Any voter of the City qualified under the Constitution of the State of Minnesota for elective office may, by filing an affidavit and paying a proper filing fee, have their name placed on the municipal primary election ballot or, if there is no primary election, on the municipal election ballot, with all such actions being consistent with all procedural requirements as required by Minnesota law. Section 4.04. Procedure at Elections. Subject to this Charter and applicable Minnesota law, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances adopted consistent with Minnesota law, general Minnesota law on elections shall apply to municipal elections. B.Section 4.02, subdivisions 2, 3, and 4 of the City Charter limits the number of terms an elected official may serve and similar provisions have been deemed invalid and unconstitutional pursuant to a Minnesota court decision.1 As such, these subdivisions should be repealed. C.Section 4.05 of Chapter 4 of the City Charter provides the appointment process for vacancies on the City Council. It should be noted that the majority of cities in the state of Minnesota follow the process in Minnesota Statutes, section 412.02, subdivision 2a. for appointments to City Council positions (there are 746 statutory cities that follow this statute; there are 107 charter cities that may follow this statute). Minnesota Statutes, section 412.02, subdivision 2a. provides as follows: Subdivision 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable. Using this statutory language as a guide and incorporating the apparent City Council consensus of establishing that an election shall be used to fill a council vacancy when 18 months or more (rather than the two years provided in Minnesota Statutes, section 412.02, subdivision 2a.) remains in the term of the vacant office, and 1 A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995). MU210\4\761289.v3