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�)) OORSiEY 46 <br /> unexpired term. If the Council determines to hold a special election, then the person appointed <br /> to fill the vacancy serves until the person elected to the Council position at the special election is <br /> qualified for office. <br /> As previously mentioned, Minnesota Statutes, Section 412.02, subd. 2a, does not <br /> specify the time in which the Council is required to make the appointment to fill a vacancy in <br /> office. At one time the predecessor to this statute required that a vacancy was to be filled within <br /> 60 days after the vacancy occurs. While no time period in which such vacancy must be filled is <br /> specified, the Council should fill the vacancy within a reasonable period of time. The statute <br /> does not address a situation where a council does not fill a vacancy by appointment but holds a <br /> special election to fill the unexpired term of office as soon as possible. Until amendments to this <br /> statute in 1999 a special election to fill an unexpired term could only be held in conjunction with <br /> a regular city election. The 1999 amendments gave cities the option to hold a special election <br /> to fill a vacancy prior to the next regular city election. However,the amendments did not modify <br /> the language requiring that the council shall fill the vacancy by appointment even where the <br /> council calls for a special election as soon as practicable after the vacancy occurs. <br /> The 1999 amendments to Minnesota Statutes, Section 412.02, subd. 2a, provides that <br /> the City Council shall specify by ordinance under what circumstances it will hold a special <br /> election to fill a vacancy other than a special election held at the same time as the regular <br /> election. No such ordinance has been adopted by the Council. If the Council wishes to call a <br /> special election to fill the unexpired Mayoral term prior to the City's regular 2005 election, it <br /> should adopt such an ordinance. I have drafted a form of such an ordinance and a resolution <br /> calling for a special election for consideration by the Council should it wish to call for a special <br /> election prior to the City's regular 2005 election. <br /> 2 <br /> oer<s_r S.W-+irNEY LLr <br />