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