HomeMy WebLinkAboutResolutions 96-1 and 96-2 • CITY OF MOUNDS VIEW CHARTER COMMISSION
RESOLUTION 96-1
Whereas; Councilmember Susan Hankner submitted a letter of resignation effective December 31, 1996 to
the City Council on September 23, 1996 and,
Whereas; The City Council accepted Councilmember Hankner's resignation by a simple motion adopted at
the regular council meeting on September 23, 1996, and
Whereas; The City Attorney determined the City Charter to be silent in describing the conditions of
vacancies on the City Council and recommended the City Council follow procedures for filling council
vacancies under state law, and
Whereas; The City Council accepted the resignation by Councilmember Hankner to be effective December
31, 1996 and,
Whereas; The City Council determined that for the purposes of the upcoming general election the vacancy is
known to exist, and that it shall be filled in said general election,
Whereas; The foregoing actions by the City Council appear nonconforming to the City Charter, and
• Whereas; the conditions of vacancies in elected cityoffices are stipulated ulated in Section 2.05 of the City Charter
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which states: Sec. 2.05 Vacancies. A vacancy in the council, whether it be in the office of mayor or
councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by
reason of the death,resignation in writing filed with the clerk-administrator, removal from office, non-
residence in the city, conviction of a felony of any such person after his/her election, or by reason of the
failure of any councilmember without good cause to attend council meetings for a period of three
consecutive months. In each such case the council shall by resolution declare the vacancy to exist., and
Whereas; The City Charter requires in Sec. 4.05. Vacancy of Municipal Elected Office. Subdivision 1.
When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the
vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a
successor to serve for the remainder of the unexpired term of the office vacated., and
Whereas; The City Council requires in Section 4.05 Subd. 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 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.,
and
Whereas; The Charter does not provide for conditional resignations by elected officials of the city, and
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Whereas; Minnesota State Law sets forth in Chapter 410.21 Application of general election laws. The
provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as
to nominations,primary elections, and elections for municipal offices, notwithstanding that such charter
provisions may be inconsistent with any general law relating thereto, and such general laws shall apply only
in so far as consistent with such charter.
HIST: (1295) 1909 c 170 s 6, Which confirms the authority of the city charter over state laws, and
Whereas; The City Council action on September 23, 1996 in accepting councilmember Hankner's
resignation by simple motion appear nonconforming to Charter Section 2.05,Minnesota State Law 410.21
and Charter Section 4,05,
Now Therefore be it resolved, the Charter Commission of the City of Mounds View respectfully notifies the
City Council that council processes on September 23, 1996, regarding the resignation of Councilmember
Susan Hanker, appear nonconforming to requirements of both the Charter and state law, and
Be It Further Resolved, the Charter Commission commends Councilmember Susan Hankner for her efforts
to avoid the added expenses of a special election, and
• Be It Further Resolved,the Charter Commission of the City of Mounds View respectfully suggests
Councilmember Susan Hankner resubmit her resignation effective by November 4, 1996 to ensure
compliance with charter requirements should it remain her desire to avoid a special election.
Those voting in favor of the resolution: Bill Wilson, Ruth White, Bill Werner, Roger Stigney,, Jean
Miller, Duane McCarty, Dave Long, Virgil Beyer, Richard Oman.
Those voting against the resolution: Jerry Linke, Russ Warren
Signed: -/ek_ x01, ,—
Secretary
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Signed: `
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Chairman
October 3, 1996
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City of Mounds View Charter Commission
Resolution 96-2
The Charter Commission requests that the City Council not act on any charter changes currently
before them; and, that the Charter Commission meet beginning in January 1997 to determine what
changes the Charter Commission recommends and to whom we recommend the changes.
Signed: 4_,4,70, C- V
Secretary
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• Signed: ---- -
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