Agenda - Charter Commission - 01/17/2008

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Pl0 4.5.5. When a vacancy in an elected office of the city occurs when there is less than eight weeks prior to the primary election 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, tThe notice of such vacancy shall be pUQlished as soon as is practicable. If a vacancy occurs less than eight weeks prior to the primary election, 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 voted on in the November election, said vacancy shall be considered not to exist for the purpose of the election. However, if such vacancy occurs in the office of any of the other three Councilmembers not standing for election in the November election, a special primary election and if necessary, a special election shall be held in January of the subsequent year following the vacancy to fill said vacancy. The election procedures for the special election shall be those election procedures for municipal office candidates as prescribed in Minnesota Statutes and this Charter.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 forth highest vote totals at the upcoming election. Where two vacancies exists, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Pg.4-3/7