Agenda - Charter Commission - 11/17/2021

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4.5.5.3 Vacancy in an office not to be voted on in the regular Municipal Election. If a vacancy occurs in the office of the mayor or a councilmember not standing for election in the regular Municipal Election, a special primary election and a special election shall be held in January of the subsequent year following the vacancy to fill said vacancy. The election procedures for the special primary election and the special election shall be those election procedures for municipal office candidates as prescribed in Minnesota Statutes and this Charter. Notwithstanding section 2.3.1 of this Charter, which provides for a four year term for the mayor and council members, the term of the mayor and/or a councilmember elected pursuant to this subsection will be for the remainder of the vacant term. Commentary: This provision overlaps and conflicts with section 4.5.5.1. If the office is not on the ballot at the next regular election and the vacancy occurs less than eight weeks before the primary election for that regular election, the vacancy can only have occurred in the second year of the term. In that case, 4.5.5.1 dictates the result. The last sentence of this section is duplicative of the term language in 4.5.1. 4.5.6 If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the city council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the council, the mayor shall make said appointment from the candidates under consideration. Commentary: This provision is inconsistent with state law. The City does not have authority to cancel an election because of insufficient candidates. Even if the City did not receive any affidavits of candidacy for an office, a resident could be elected as a write-in candidate. 408352 12