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making an appointment if less than 18 months remain, simplification of Section 4.05 could be accomplished <br />with the following language: <br />Any vacancy in an office shall be filled by Council appointment until an election is held <br />as provided in this section. In each case, the City Council shall by resolution declare such <br />vacancy to exist and shall appoint an eligible person to fill the vacant office until the next regular <br />City election is held. In the case of a tie vote in the City Council for a vacancy in the position of <br />a City Council member, the Mayor shall make the appointment. In the case of a tie vote in the <br />City Council for a vacancy in the position of Mayor, the Acting Mayor shall make the <br />appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next <br />regular City election and more than eighteen (18) months remain in the unexpired term, a special <br />election shall be held at or before the next regular City election and the appointed person shall <br />serve until the qualification of a successor elected at a special election to fill the unexpired <br />portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy <br />for the regular City election or when less than eighteen (18) months remain in the unexpired <br />term, there need not be a special election to fill the vacancy and the appointed person shall serve <br />until the qualification of a successor. <br />All of the provisions of the Minnesota Election Law are applicable to special elections as <br />far as practicable. <br />The above language could also be applied in the situation of a vacancy in the position of the Mayor, even <br />though this a position with a two-year term, rather than the four-year term for the position of a City Council <br />member. <br />The above suggested, succinct language for Section 4.05 of the Charter is consistent with the simplified and <br />succinct language utilized to determine/declare a council vacancy that is presently contained in Section 2.05 of <br />the City Charter (which incorporates extensive Minnesota statutory language without reciting it in the Charter). <br />Please let me know if there are any question, clarifications or comments regarding the above suggested <br />language and comments. <br />MU210\4\761289.v3