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Page 2 If there are less than 365 days remaining in an unexpired term,then the City Council may: - The City Council may appoint an individual using the new appointment process. - The appointee serves until the term expires. - The successor is elected at the regular election to serve at the beginning of the next term. Appointment Process and List—Section 4.05, subd.3 This new subdivision includes a detailed process the City must follow to make an appointment. Once the Council adopts a resolution declaring a vacancy,the City Administrator will contact the designated list of individuals, who are serving in leadership positions on city boards and commissions. If an individual from the list accepts and is qualified to serve,the Council will appoint that person to fill the vacancy. The only procedural difference between a vacancy with 365 days or more and a vacancy with less than 365 days is that if no person accepts or is qualified and less than 365 days remain, then the Council may appoint anyone to fill the vacancy. If more than 365 remain and no person from the list accepts, then the seat will remain vacant until the special election. DUTIES OF THE MAYOR—SECTION 4.05, SUBD.4 Based on feedback from the joint meeting between the Charter Commission and City Council, the amendment also designates that the City Council member serving as the Acting Mayor (with such designation occurring every January) will preside over meetings of the Council, study the operations of government and recommend changes to the Council,and deliver the state of the City address during the time an appointed person is serving as the mayor. The person appointed to fill a vacancy in the office of the mayor will perform the statutorily designated duties of the mayor such as signing contracts,ordinances,resolutions,being recognized for the purpose of serving civil processes, and may declare a state of emergency. AMENDMENT TO CHAPTER 2 The ordinance includes a simple amendment to Section 2.05 that consists of adding a reference to the new appointment process. STEPS TO AMEND THE CHARTER BY ORDINANCE The enclosed charter amendment is in the form of an ordinance and therefore must be considered by following the steps required for adopting any ordinance and additional steps required under law because the ordinance will amend the charter. In addition to requiring two readings per City Charter, the city must hold a public hearing, and the effective date of the ordinance is 90 days from the date of publication, subject to a petition process that would need to be completed within 60 days of publication. Should a petition be submitted and found sufficient, then the City Council could decide to ask voters to approve the amendment or could withdraw the amendment. MU210\4\1059035.v1