Agenda - Charter Commission - 03/29/2010

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a• Filling vacancies Minn. srat. g a i z-o2, $ond. Siace the clerk is an elected position, the same procedures used to address 2a. s« vacancies on a other' council vacancies apply. Should a vacancy occur in the clerk's scacucory City Counca, position, the city council first makes a temporary appointment to fill the ^'""'~S°r° ~%"~s ~~t- position. The city must then hold a special election to fill the remainder of =0°° 1• p• 19~ the clerk's term if the following two conditions are met: • There are more than two years remaining in the clerk's term. • The vacancy occurs before the first day to file affidavits of candidac y for the next general city election. s« tMC inforntation memo, City Specie/ The special election may be held on or before the city's next general E~«uons ~~~~""'"-~~ election. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than at th i "~1~`i`~°p°"°~`r`" ~lIJ• e same t me as the regular city election. The council's appointment will serve the remainder of the clerk's term and the city will not held a special election ii: • There are less than two Years remaining on the clerk's term; or • The vacancy occurs after the first day to file affidavits of candidacy for the next general city election. S« Mayor's Power w vote and Make M~xiau." If the council vote on an a ppointment results in a tie, the mayor has the Arinnexotcr Gies (I.n. power to appoint someone to fill the vacancy. The mayor may appoint Zoos, p- i9~. anyone, eligible, for the office, he or she chooses. The council may also hold a special election rather than fill the vacancy through council appointment. • b. Removal from office Minn. Ctat. $ 351A2 Since the clerk is an elected official, the council generally may not remove (hnpaJ/www.revisor.legsta u.~t,,.,,~.un,cesrr~d=3s~.o the clerk from office. A city clerk could only be removed under Limited ~1- circumstances, such as the commission of a crime that would result in the s« Handbook, chapca e. officer losing qualification for office, malfeasance in office, or residency. Voters, however, may always choose to elect a new clerk when the current ' term expires. Standard Plan councils seeking to remove their city clerk from office should consult with their city attorney before beginning this procedure. 2. .Appointed clerks Unlike Standard Plan clerks, Plan A and Plan B clerks are appointed and can be removed. The form of•government determines who holds the power to appoiirt and remove. . i2 LEAGUE OF MIIiN63o7'A Cams -46-