Agenda - Council - 04/12/2005 - Laserfiche WebLink

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t;uFther discussion: City Clerk Thieling reported that she had received two letters of interest for thc vacancy that would have been created by Mr. Vogt. The Commission suggested letters be sent to the those interested to let them know that there is no vacancy now because of the new legislation. Motion carried. Voting [,'rcdcrick, and Simenson. ~WallSOll. Yes: Commissioners Ebel, LaMere, Bertzyk, Deemer, Fischer, Voting No: None. Abstain: Chair Vogt. Absent: Commissioner Motion by Commissioner Simenson and seconded by Commissioner Deemer to table the nora inalion of thc Chair and Vice Chair. Motion carried. Voting Yes: Chair Vogt, Commissioners Simenson, Deemer, Bertzyk, Ebel, Fischcr, and Frederick. Voting No: None. Absent: Commissioner Swanson. Case #3: Staff Report on Follow-Up Items This case was tabled as the discussions for the items basically took place in other cases. Case #4: Consider Revisions to 4.5.5 (',ity Attorney Goodrich stated that this deals with vacancies. This comes about because we have a City primary election now. He talked about resignations within 120 days when an election is scheduled. Commissioner Dcemer suggested it could be confused with the primary. Mr. (;oodrich noted Section 2.05 Vacancies in the Council. It states in any of these cases (failure to qualify for thc office, death, resignation, removal from office, loss of residency, continuous absence I?o~n thc City for more than three months, conviction of a felony, failure without good cause to perform thc duties of the office for a period of three months) the council must declare by resolution that a vacancy exists. The council must adopt the resolution declaring the vacancy at lbo next regularly scheduled council meeting. Within forty-five days after the adoption of the resolution, thc council must appoint an eligible person to fill the vacant office until the next rc~Lgular state or municipal election when the office will be filled for the unexpired term. If the council l~ils to make the appointment within forty-five days, or if before the end of the forty-five days, w)tcs three times on the appointment and is unable to fill the vacancy, the mayor must, wilhin fifteen days, appoint an eligible person to fill the vacancy until the next scheduled state or municipal general election when the office will be filled for the unexpired terms. When the council or mayor makes the appointment after the opening date of filing for the next regularly scheduled state or municipal general election, or in November or December, the voters must elect an eligible person for the unexpired term of office at a special election to be held at the state or municipal general election scheduled for the following year. No special election will be held l'or an unexpired term of two months or less. Mr. Goodrich stated it is all clear basically up to thc underlined text. Because of the primary, we do not have more than two people running. He Charter Commission - January 20, 2005 Page 3 of 6