CITY CHARTER - 2023 March - Laserfiche WebLink

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elections can be met by the City. (The determination of vacancy is found in Chapter 2, Section 2.05 Vacancies.) Subdivision 2. The City Administrator shall give at least sixty days published prior notice of the date of the special election and such notice shall comply with all notice requirements under Minnesota Statues, section 205.16, except as set forth under Subdivision 5 of this section. Subdivision 3. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie vote of the Council, the Mayor shall make said appointment. Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the 120 day period before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Candidates filing a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 2004). Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment. 8