Laserfiche WebLink
Ordinance No. 1050 <br />Page 2 <br /> <br /> <br />Section 4.05 Vacancy in Municipal Elected Office: Subdivision 1. Vacancy and 365 days <br />or more remain in the term. The following process shall be followed when addressing a <br />vacancy, as defined in Chapter 2, Section 2.05 or other applicable law, in an elected office <br />of the City that occurs with 365 days or more remaining in the term of the vacated office: <br /> <br />A) A special election shall be called at the next uniform election date specified in <br />Minnesota Statutes, section 205.10, subd. 3a, as amended, for which all legal <br />requirements for special elections can be met by the City. <br /> <br />B) The City Council shall appoint an individual following the appointment process in <br />this Section 4.05 to fill the vacancy until a successor is elected and qualifies. <br /> <br />Subdivision 2. Vacancy and less than 365 days remain in the term. The following process <br />shall be followed when addressing a vacancy, as defined in Chapter 2, Section 2.05 or <br />other applicable law, in an elected office of the City that occurs with less than 365 days <br />remaining in the term of the vacated office: <br /> <br />A) The City Council shall appoint an individual following the appointment process in <br />this Section 4.05 to fill the vacancy for the remainder of the unexpired term and until the <br />election and qualification of a successor. <br /> <br />Subdivision 3. Appointment <br /> <br />If, pursuant to subdivisions 1 or 2, the City Council may appoint an individual to fill a <br />vacancy, the following process must be used: <br /> <br />A) A majority of the members of the council voting on the resolution declares a <br />vacancy via resolution. <br /> <br />B) Within thirty (30) days of the date the vacancy is declared, the city administrator <br />shall present an individual from the list in Subdivision 3.(D) to the City Council for <br />appointment using the process described in this Subdivision 3. <br /> <br />C) The City Administrator will provide written notice of the vacancy to the <br />individuals in the list provided in Subdivision 3. <br /> <br />D) The written notice shall request a written response to the question of whether the <br />individual is willing to be appointed to the vacancy. Individuals on the list will have a <br />maximum of twenty (20) days to provide such written response. The City Administrator <br />may present an individual for appointment prior to the expiration of the twenty-day <br />period if: i) the first person on the list confirms they are willing to serve and qualifies; or <br />ii) any person on the list provides an affirmative response and each person prioritized <br />higher on the list declines appointment or is not qualified. After the twenty-day response <br />period, the City Administrator will present the listed person with the highest priority who <br />has responded that they are willing to serve and qualifies for appointment, regardless of