HomeMy WebLinkAboutSpecial Election discussion - July 17, 2017
Item No: 01
Meeting Date: July 17, 2017
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Joint Meeting between the Charter Commission and the City
Council
Introduction:
Subsequent to the election of Council member Mueller to the position of mayor at last
year’s general election, the Council has discussed the process by which special elections
are held and under what set of conditions. City Attorney Riggs indicates that the Mounds
View City Charter (Section 4.05, attached) is different from most cities (both statutory and
charter) in that our Charter requires a special election be held for any vacancy where 365
days or more is remaining in a term. When less than 365 days remain in the term, the City
Council may appoint someone to fill the remainder of the term. The more common
language in other communities would allow for Council appointment for periods less than
two years.
Discussion:
The Council had expressed some concern about the requirement for a special election with
one year remaining in a term given the cost, and also because of the amount of time
required to schedule the special election. If a vacancy occurred with 365 days left in the
term, the elected candidate could end up serving only 4 months before needing to file for
office once again for the next election. Given the cost to the City to hold a special election,
along with the monetary and time cost to the elected candidate, the Council posed the
question to the Charter Commission that perhaps 365 days is too short of a time frame.
Staff asked Joe Mansky, the Ramsey County Elections Manager, from a practical
standpoint, what the minimum amount of time they would need to hold a special election.
His response is as follows:
“Since Minn. Stat. 205.16, subd 4 requires the city to provide us with notice of
what is going to be on the ballot at least 74 days before the election, I'm thinking
that this would effectively be the minimum time needed for us to conduct the
election. However, to allow us to have a reasonable filing period (which would
be from 98 to 84 days before the election), provide notice to the public (two
weeks before the first day to file for office), and to provide the council with time
to authorize the special election, 120 days would be my recommendation for the
minimum time period needed to conduct a special election.”
Accordingly, if a seat were vacated on December 31, 2017, the earliest we could hold a
special election would be April 1, 2018. Filing for office for the next general election would
begin early August 2018, thus the newly elected council member would need to file for
office after serving for only four months, presuming he or she intended to run for re-
election.
Council Report
July 17, 2017
Page 2
The Charter Commission has drafted a number of questions they’d like to cover during
the joint meeting.
1. Current Charter vacancy language, where is it found, what is it and what it isn't?
2. What is the appointment process as defined in City Code today?
3. What is the specific language the Council wishing to change?
4. Council's change reason clarification, so we're all on the same page.
5. W hat are the ramifications of language change, other than vacant Council seat
timing?
6. Should there be any restrictions to appointment process or a person after an
appointment, for example if they desired to be elected?
7. Does Charter language today over benefit the Mayor when voting on an
appointment, why is the tie vote defined?
8. Is possible Charter language change accomplished by unanimous ordinance or by
ballot?
9. How to conduct a citizen education program for any suggested change to Charter
language about vacancy language replacement?
Recommendation:
Please review the information included herein as well as the questions posed by the
Charter Commission. If the Council should desire any additional information prior to the
meeting, please do not hesitate to contact me.
Respectfully submitted,
________________________
James Ericson
City Administrator
Attachments:
1. Mounds View City Charter Section 4.05
Mounds View City Charter
Section 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.
Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such
special election, 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.