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City Council Regular Meeting Minutes 13 September 14,2004 Page 13 1 Council Member after the Mayoral election, adding the vacancy in the Council position must be 2 filled using the same procedure for filing the Mayoral vacancy. He noted the Council votes to 3 make the appointment, and in the event of a tie vote by the Council, the Mayor makes the 4 appointment, adding the Council has the option after the appointment is made to hold a special' 5 election prior to the next regular City election to fill the unexpired term. He stated that if the 6 Council determines to hold a special election, then the person appointed to fill the vacancy 7 serves until the person elected to the Council position at the special election is qualified for 8 office. . 9 10 Mr. Gilligan noted as previously mentioned, Minnesota Statutes,_Section 412.02, subd. 2a, does 11 not specify the time in which the Council is required to make the appointment to fill a vacancy in 12 office, adding at one time the predecessor to this statute required that a vacancy was to be filled 13 within sixty days after the vacancy occurs. He stated that while no time period in which such 14 vacancy must be filled is specified, the Council should fill the vacancy within a reasonable 15- period of time. He reported the statute does not address a situation where a council does not fill 16 a vacancy by appointment but holds a special election to fill the unexpired term of office as 17 soon as possible. He indicated until amendments to this statute in 1999 a special election to fill 18 an unexpired term could only be held in conjunction with a regular city election, adding that the 19. 1999 amendments gave cities the option to hold a special election to fill a vacancy prior to the 20 next regular city election. He noted, however, the amendments did not modify the languageiri 21 requng that the council shall fill the vacancy by appointment even where the council calls for a 22 special election as soon as practicable after the vacancy occurs. 23 24 Mr. Gilligan stated the 1999 amendments to Minnesota Statutes, Section 412.02, subd. 2a, 25 provides that the City Council shall specify by ordinance under what circumstances it will hold 26 a special election to fill a vacancy other than a special election held at the same time as the 27 regular election. He noted no such ordinance has been adopted by the Council,.adding if the 28 Council wishes to call a special election to fill the unexpired Mayoral term prior to the City's 29. regular 2005 election, it should adopt such an ordinance. He stated that he has drafted a form of 30 such an ordinance and a resolution calling for a special election for consideration by the Council 31 should it wish to call for a special election prior to the City's regular 2005 election. 32 33 Discussion: 34 Councilmember Horst inquired as to if the City is in compliance with,the law since they 35 currently have a Mayor Pro-tem in place, or if they need to appoint someone to fill the 36 vacancy. Mr. Gilligan responded in clarifying the interpretation of the law. 37 38 Councilmember Horst continuedin noting comments from the public with regard to placing 39 the position on the November election ballot. Mr. Gilligan clarified for the public that Council 40 would not have had the time, and would have had to make a decision two days following the 41 plane crash to have the position included on the November ballot. 42 43 Councilmember Faust inquired as to whether a Mayor needs to be appointed no matter what 44 Council decides; to hold a special election this December or a year from this November. He 45 questioned as well if the appointment would be until the determined election date. Mr. 46 Gilligan responded in stating yes.