Agenda - Charter Commission - 05/19/2009

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SECTION 2.05 INCOMPATIBLE OFFICES (Amend effective 8/31/05 #2005-1037) No member of the Council shall be appointed City Manager, nor shall any member hold any non-elective paid municipal office or employment under the city except as otherwise permitted by state law; and until one year afler the expiration of his/her term as Mayor or Council Member, no tonner member shall be appointed to any non-elective paid appointive office or employment under the city. SECTION 2.06 COUNCIL VACANCIES (Amend. Effect., 12/20/72) (Amend. Effect 9/3/98) (Amend. Effect. 7/3/03 #2003-995) A vacancy in the City Council or office of Mayor shall be declared when any ofthe following occur: 1. The failure of any person elected to qualify on or before the date of the second regular meeting of the new Council. 2. Death. 3. Resignation. 4. Failui'e to perform any of the duties of Council Member for a continuous period of ninety (90) days. 5. Conviction of a felony. 6. A judgment of incompetence by a court of competent jurisdiction. 7. Member removed by recall. 8. Council Member is electedMayor or Mayor is elected to a Council seat. 9. Member no longer resides in the City of Brooklyn Park or, in the case of a Council Member, the district the member represents. If the process of redistricting changes a Council Member's district, that Council Member shall continue to represent the district until the member's term expires. 10. Council Member forfeits office in accordance with Section 14.04 (B) or any reason specified by law. If any ofthe foregoing is determined to have happened, the Council shall, by resolution at the next regular or special Council meeting declare a vacancy on the Council to exist. Declaration date of vacancy shall be the date ofthe Council meeting at which the resolution is adopted, Vacancies must be publicly declared by resolution, posted at City Hall, and with notification to be given by any other practical means. Within 30 days after the declaration date, the Council must do one of the following: (a) Appoint an eligible person to till the office for the balance of the unexpired term if less than 365 days remain in the term. The candidate receiving a majority of votes of all members of the Council must be appointed to fill the vacancy. Ifno candidate receives a majority of votes, additional votes may be taken. If the Council fails to make an appointment within 30 days, or if the Council votes three times on the appointment and fails to fill the vacancy, the Mayor must, within fifteen days after such event, appoint an eligible person to fill the vacancy; or, (b) Orqer a special municipal election to fill the vacancy for the balance ofthe unexpired .term if 365 days or more remain in the term. The Council shall set times for candidates to file for such office, however, filings may close no sooner than 7 days P18