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HomeMy WebLinkAbout9.d. Council Member Appointment Process CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JULY 6, 1999 AGENDA ITEM: COUNCILMEMBER APPOINTMENT AGENDA SECTION: PROCESS NEW BUSINESS pREPARED BY: THOMAS D. BURT AGENDA��� � � � CITY ADMII�TISTRATOR ATTACHMENTS: M.S. 412.02, subd.2a APPROVED BY: It is necessary for us to begin the process of filling the vacancy created by Dennis Wippermann's resignation from the City Council. Mr. Wippermann's term expires at the end of the Year 2000. Minnesota Statutes, section 412.02., subd.2a addresses this issue, a copy of which is attached. Since the vacancy occurs with less than two years remaining in the term,the City Council should appoint the person to fill the remainder of Dennis' term. Council needs to consider a deadline for accepting applications for this appointment. Staff will then prepare and forward press releases to the local newspapers. RECOMMENDED ACTION: None j� ., � � ��� STATVIORY 412.02 ;� %� ,}i Three Four Two�everyfour Eve tutory � Council years and one in s d plan city members altemative 'th a council of �� election five ' ' r Four Four Two each Every statutory �;;' Council election optional plan city .• <<� members with a council of }f: five : '' Five Four ree every four Every statutory ;;; Council years and two in standard plan city ';c � members altemative with a council ��� � election of seven �;L � Six Four Three each Every statutory ! � Council election optional plan city ;i, ' membe with a council .;;; ' of seven �� � :�.� ; Su . 2.Terms of elective officers shall commence on the first business day of Jan- �€� ua ollowing the election at which the officer is chosen.All officers chosen and quali- s . d a s s u c h s h a ll h o l d o ff i c e u n t i l t h e i r s u c c e s s o r s q u a l i f y. `ff �f � Subd. 2a. A vacancy in an office shall be filled by council appointment until an ` election is held as provided in this subdivision.In case of a tie vote in the council,the ;� mayor shall make the appointment.If the vacancy occurs before the first day to file a�- :� davits of candidacy for the next regular city election and more than two years remain ;� in the unexpired term,a special election shall be held at the next regular city election ; and the appointed person shall serve until�the qualification of a successor elected at a ; special election to fill the unexpired portion of the term. If the vacancy occurs on or ' after the first day to file a�davits of candidacy for the regular city election or when less �? than two years remain in the unexpired term,there shall be no special election to fill `j the vacancy and the appointed person shall serve until the qualification of a successor ° elected at a regulaz city election. , ;� bd. 3. In cities operating under the standard plan of govemmeat the council ;i may b dinance adopted at least 60 days before the next regular city election combine :� the o�ce f clerk and treasurer in the o�ce of clerk-treasurer,but such an ordinance shall not be ctive until the expiration of the term of the incumbent treasurer or when � an earlier vaca occurs. After the effective date of the ordinance, the duties of the � treasurer and dep treasurer as prescribed by this chapter shall be performed by the ; cterk-treasurer or a ly appointed deputy.The offices of clerk and treasurer may be - reestablished by ordin ce. If the offices of clerk and treasurer are combined as pro- ; vided by this section,the uncil shall provide for an annual audit of the city's financial affairs by the state auditor a public accountant in accordance with minimum audit- ing procedures prescribed by e state auditor. ' Subd.4. [Repealed, 1973 c s 7] Subd. 5. [Repealed, 1983 c 35 151] � Subd. 6.The council may by ordi nce adopted at least 60 days before the next regular city election submit to the voter f the city the question of whether the city council should be increased or reduced to se n or five members.The ordinance shall . include a schedule of elections and terms to ac plish the change.The proposal shall be voted on at the next city general election and,i�proved by a majority of those vot- ing on the question, go into effect in accordance wif�schedule. History: 1959 c 675 art 6 s 30,• 1961 c 230 s 1;1963 c s S,•1963 c 811 s 1;1965 c 417 s 1-4; 1967 c 289 s 2; 1973 c 34 s 1;1973 c 123 art 2 s bd 2;art 2 s 2;1973 c 492 s 7; 1974 c 337 s 5; 1976 c 2 s 131;1976 c 44 s 21; 1981 c s 3,4; 1983 c 359 s 62;1986 c 444; 1989 c 30 s 1,2 NOTE:For appointment to fill vacancy in offiee of muaicipa!judge,see Minnrsou Constitution, 'ele VI,section 8. 1`OTE:See also section 4!2.022