Agenda - Charter Commission - 02/02/2023

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Richfield Population 36,661 (3) Section 2.05. Vacancies. Subdivision 1.Existence. (1) A vacancy shall exist as of the date of death or resignation of a Council Member. (2) As soon as it is determined that a Council Member is ineligible because of any of the following reasons: (i) the failure of any person elected to the Council to qualify on or before the date of the second regular meeting of the Council in the year following the year of election; (ii) the Council Member ceasing to be a resident of the City; (iii) a district Council Member ceasing to be a resident of the district which the member represents; (iv) continuous absence of the Council Member from the City for more than 90 days; (v) conviction of a Council member of a felony whether before or after qualification; (vi) any other reason specified by law except those reasons specified in paragraph (1) of this subdivision; or (vii) by reason of the failure of the Council Member without good cause to perform any of the duties of a Council Member for a period of 90 days, the Council shall, by resolution at a regular or special Council meeting, declare a vacancy on the Council to exist. Subd. 2.Procedure Following Vacancy. (1) If 90 days or less remain in the Council Member's term after the vacancy, the person elected to that office for the term commencing on January 1 of the next year shall be appointed by the Council to fill the remaining portion of the unexpired term at the next regular Council meeting following the declaration of the results of the election with the City Clerk. The appointment shall be the first order of business of such meeting. (2) If less than 180 days and more than 90 days remain in the Council Member's term of office after the vacancy, the Council shall appoint an eligible person to fill the vacancy for the unexpired term. If the Council fails to agree upon an appointee to fill the vacancy within 30 days after the vacancy, the Mayor shall appoint a person to fill the vacancy. If 180 days or more remain in the Council Member's term of office after the vacancy, the Council shall call a special election to fill the vacancy for the balance of the Council member's term. The special election shall be called at the same Council meeting at which the vacancy is declared to exist or at the next regular Council meeting following the death or resignation of a Council Member, as the case may be. The special election shall be held not less than 30 nor more than 60 days after the Council meeting at which the election is called. The election to fill the unexpired term shall be in accordance with the provisions of Section 4.03, except that there shall be no primary election and the candidate receiving the highest number of votes shall be elected to fill the unexpired term. The term of the person so elected shall start as soon as the declaration of the results has been filed with the City Clerk and the person has qualified for office. (Amended, Bill No. 199 2-10) *Special Election if more than 180 days left in term *If between 90 and 180 days left, Council makes an appointment (Supp. No. 34) Page 1 of 1 Created: 2022-10-21 13:41:30 [EST]