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CONSIDER REVISIONS TO <br />CHARTER SECTION 4.5.5 <br /> <br />By: William I~ Goodrich, City Attorney <br /> <br />CASE # -...~ <br /> <br />Background: <br /> <br />The Commission briefly discussed the revising Section 4.4.4 of the Charter subject at your meeting <br />on September 30, 2004. The need for revision comes about as a result of a previous charter <br />amendment increasing the Council from five to seven members and establishing a primary election <br />system. The last two sentences of Section 4.5.5 create the difficulty. These two sentences provide <br />as follows: <br /> <br />However, if such vacancy occurs in the office of either of the other two <br />councilmemberS, the seat shall be filled by the candidate for councilmember with the <br />third highest vote total, or in the case of two vacancies, the third and forth highest <br />vote totals at the upcoming election. Where two vacancies exist, the candidate with <br />the third highest total shall fill the vacancy in the office having the longest unexpired <br />term. <br /> <br />Please note this section 4.5.5 deals with the very limited circmnstance which is when there is a <br />Council vacancy occurring within 120 daYs prior to a regular municipal election for a seat which is <br />not on the ballot. <br /> <br />The Commission needs to develop language to eliminate the obvious problem created by the above <br />two sentences. <br /> <br />I have reviewed the Bloomington, Richfield and Anoka City Charters, none of which address this <br />specific "120" day issue. The relevant sections of those charters are enclosed. <br /> <br />Enclosures: <br /> <br />Relevant sections fi-om the Ramsey, Anoka, Bloomington and Richfield City Charters. <br /> <br />Commission Action: <br /> <br />Based on discussion <br /> <br />Charter: 01/20/05 <br /> <br /> <br />