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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.