HomeMy WebLinkAboutChapter 4.05 Dennis Erickson Suggestions
Section 4.05. Vacancy of Municipal Elected Office.
Subdivision 1. When a vacancy in an elected office of the City occurs during mid-term and before or after
a general or a special election within seven working days there shall be a special election held within sixty
days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office
vacated.
Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such special
election on all available media sources and City newsletter, 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 90 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 30 days prior to the regular election date, the notice of such vacancy shall be
published as soon as is practicable. If within the 90 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 Councilmember 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 second highest vote total, or, in the case of two
vacancies, the second and third highest vote total shall fill the vacancy in the office having the longest
unexpired term. Candidate filling a vacancy shall take office at or before the next regularly scheduled
Council member 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.