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<br />Page 3 of 29 <br /> <br />Subd. 2. A council member may not be the city manager or hold any other paid city position, even if the council <br />member has taken a leave of absence from the paid city position. A former council member may not hold a paid, <br />appointed city position for one year after tem1ination of the council member's service. This does not prohibit a council <br />member from being appointed mayor if that position is vacant. <br /> <br />S~lbd. 3. A council member may serve on both the city council and the charter commission, as long as no more than one <br />council member serves on the charter commission at one time. <br /> <br />Section 2.06. Vacancies in the Council. <br /> <br />Subd. 1. A vacancy in a cotmcil position automatically occurs on the date an incumbent dies. A vacancy also <br />automatically occurs when an incumbent submits a written resignation to the mayor, city manager, or city clerk. The <br />vacancy will be created on the date specified in the written resignation, or if one is not specified, on the date of <br />submittal to the official. If the date of submittal is unknown, then the vacancy will occur on the date the official <br />receives the written resignation. <br /> <br />Subd. 2. A vacancy in a council position also exists in the following situations: <br /> <br />(a) failure of an elected person to qualify on or before the date of the cOl-mcil's second regular meeting in the year <br />after the election; <br /> <br />(b) termination of residency in the city; <br /> <br />(0) except as provided in section 2.04, termination of a ward council member's residency in the ward from which <br />elected; <br /> <br />(d) continuous absence from the city for more than 90 days; <br /> <br />(e) conviction of a felony either before or after qualification for office; <br /> <br />(f) loss of qualifications for the elective office; or <br /> <br />. (g) failure without good cause to perform any of the duties of office for a period of 90 consecutive days. <br /> <br />Subd. 3. <br /> <br />a. The council must on its own motion declare by resolution that a vacancy exists when a vacancy occurs for a reason <br />other than death or resignation. If the council fails to act or is unaware of a vacancy, a resident who is an eligible voter <br />in the city may submit a written request to the city clerk, asking the council to declare a vacancy and giving supporting <br />facts. A request submitted within 90 days after another request for the same council position will not be considered <br />under this section. The council must respond to the written request within 14 days after submission to the clerk, unless <br />a vote approved by 75% of the council members present authorizes an additional 14 days. <br /> <br />b. If the council fails to act within the required time, the mayor, or acting mayor if the vacancy is alleged to exist in <br />the mayor's position, has seven days to act on the request. If the council and mayor or acting mayor fail to act within <br />the required time, a vacancy automatically occurs. <br /> <br />Subd. 4. <br /> <br />a. Within 30 days after a vacancy automatically occurs or is declared to exist, the council must appoint an eligible <br />person to fill the vacancy or schedule a special election to be held within 90 days. <br /> <br />b. Pi2' the council does neither, the mayor, or acting mayor lfthe vacancy is in the mayor's position, has seven days to <br /> <br />__ I._____L j~~....___~__. ..Jl1/1\. 5..:........... __ .-..._ 1..-.-':_..___4.__1....:.., v_,t.~~__ ....-4.......,_-1"'.... 1......._.. .....-.""1 ~....h......~et.......f).c_+o1-__'1 ..:::: J1 ,1 i <br />