HomeMy WebLinkAbout6.n. Election Ordinance Amendment
EXECUTIVE SUMMARY
City Council Meeting: July 19, 2022
AGENDA ITEM: Election Ordinance Amendment AGENDA SECTION:
Consent
PREPARED BY: Erin Fasbender, City Clerk AGENDA NO. 6.n.
ATTACHMENTS: Ordinance Redlines, State Statute APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the attached Ordinance Amending Title 1,
Chapter 5 regarding Elections
BACKGROUND
Under current City Code Title 1, Chapter 5 Section 3 regarding the filling of vacancies on the City Council,
if there are more than 365 days left in the remaining term a special election is required. Our City Code is
outdated and different than state law (Minn. Stat. 412.02, subd. 2a) and staff recommends updating the
code to follow state law. Under state law, a special election is only required if more than two years remain
in the unexpired term. The following is the State law being referenced.
Minn. Stat. 412.02, subd. 2a:
“Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council
appointment un til 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 affidavits 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 or before 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 affidavits of candidacy for the regular city election or
when less than two years remain in the unexpired term, there need not be a special election to fill the
vacancy and the appointed person shall serve until the qualification of a successor. The council must
specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a
special election held at the same time as the regular city election.”
At the request of City Staff, Mary Tietjen of Kennedy & Graven, reviewed the Cit y Code and proposed
the attached changes to align the City Code with State Statute. In addition, updates were made to outdated
language referring to past years that is no longer needed. Staff estimates that a special election would cost
between $10,000 to $20,000 in election judge wages, ballots, notices, mailings and other supplies.
RECOMMENDATION
Staff recommends the Council appro ve the amendment to Title 1, Chapter 5 ordinance.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2022 - XX
ORDINANCE RELATING TO ELECTIONS; AMENDING TITLE 1, CHAPTER 5 OF THE ROSEMOUNT
CITY CODE
Section 1. Section 1-5-1 of the Rosemount City Code is amended as follows;
1-5-1: DATE OF ELECTIONS:
A. The municipal primary election for the purpose of nominating elective officers in the city shall
be held on the same day as the state primary election of any year in which a municipal general
election is to be held, commencing with the even year elections in 2010.
B. The municipal general election in the city shall be held on the first Tuesday after the first
Monday in November of every even numbered year, commencing with the even year elections in
1998. There will be no municipal general election in 1997. (Ord. 2010-03, 2-16-2010)
1-5-2: TERMS OF OFFICE:
A. The mayor shall be elected for a four (4) year term commencing with the city election in 1998.
B. Two (2) cCouncil members shall be elected for four (4) year terms at each biennial municipal
general election commencing in 1998.
C. To provide an orderly transition to the even year election plan, the two (2) year term of office
of the mayor and four (4) year terms of city council members are hereby amended as follows:
1. The terms of the mayor and two (2) council members whose current terms are scheduled to
expire on the first business day in January 1998, shall expire on the first business day in January
1999, and those offices shall be filled at the election to be held in 1998.
2. The terms of the two (2) city council members whose terms are scheduled to expire on the
first business day in January 2000, shall expire on the first business day in January 2001, and those
offices shall be filled at the election to be held in 2000. (Ord. IV.2, 6-4-1996)
1-5-3: VACANCIES:
Pursuant to M.S. § 412.02, Subd. 2a, Iif a vacancy in the office of mayor or city council member
occurs before the first day to file affidavits of candidacy for the next regular municipal election and
with more than three hundred sixty five (365) days two years remaining in the unexpired term, the
position will be filled for the unexpired term by a person elected at a special election to be held at or
before the regular municipal election. The vacancy shall be filled by council appointment until an
election is held. not sooner than sixty (60) days or later than ninety (90) days after the occurrence of
the vacancy; provided, however, that if: a) the next general municipal election occurs within three
hundred sixty five (365) days of the occurrence of the vacancy, and b) the vacancy occurs before the
first day to file affidavits of candidacy for that election, then the position will be filled by a person
elected at a special election held concurrently with that general municipal election. (Ord. IV.3, 11-19-
2003) If the next general municipal election will occur within 365 days of the occurrence of the
vacancy, then the special election will be held concurrently with the general municipal election. If the
next general municipal election will occur more than 365 days after the occurrence of the vacancy,
then the special election will be held before the next general municipal election on a date authorized
by state law.
If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular
municipal election or when If less than two years remain in the unexpired term, there need not be a
special election and athe appointed person shall serve until the qualification of a successor be
appointed to fill the remaining term of the vacancy.
Section 2. This Ordinance shall be effective the day following its publication.
Adopted by the City Council of the City of Rosemount, Minnesota, the 19th day of July, 2022.
____________________________________
Mayor William Droste
ATTEST:
_____________________________
Erin Fasbender, City Clerk
412.02 MS 1945 [Repealed, 1949 c 119 s 110]
412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES.
Subdivision 1.Officers elected.The following officers shall be elected for the terms and in the years
shown and in the cities described in the table.
City ElectedYear ElectedNumber of
Years in
Term
Officer
Every statutory cityEvery two years except where four
years is otherwise provided pursuant
to statute
Two or fourMayor
Every statutory standard plan
city in which there is no
clerk-treasurer
Every four years in year when
treasurer is not elected
FourClerk
Every statutory standard plan
city in which there is no
clerk-treasurer
Every four years in year in which
clerk is not elected
FourTreasurer
Every statutory standard plan
city where such office exists
pursuant to subdivision 3
Every four years in year in which one
council member is elected
FourClerk-
Treasurer
Every statutory standard plan
city with a council of five
Two every four years and one in
alternative election
FourThree Council
members
Every statutory optional plan
city with a council of five
Two each electionFourFour Council
members
Every statutory standard plan
city with a council of seven
Three every four years and two in
alternative election
FourFive Council
members
Every statutory optional plan
city with a council of seven
Three each electionFourSix Council
members
Subd. 1a.City council; city employees.Neither the mayor nor any city council member may be employed
by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as
defined by the city's employment policy.
Subd. 2.Term.Terms of elective officers shall commence on the first Monday in January following
the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until
their successors qualify.
Subd. 2a.Vacancy.Except as otherwise provided in subdivision 2b, 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
affidavits 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 or before the next regular city election and the appointed person shall
Official Publication of the State of Minnesota
Revisor of Statutes
412.02MINNESOTA STATUTES 20211
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 affidavits of candidacy for the regular city election
or when less than two years remain in the unexpired term, there need not be a special election to fill the
vacancy and the appointed person shall serve until the qualification of a successor. The council must specify
by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special
election held at the same time as the regular city election.
All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.
Subd. 2b.Inability or refusal to serve.A vacancy in the office of mayor or council member may be
declared by the council when the officeholder is unable to serve in the office or attend council meetings for
a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a
90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared
a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired
term, or until the person is again able to resume duties and attend council meetings, whichever is earlier.
When the person is again able to resume duties and attend council meetings, the council shall by resolution
remove the temporary officeholder and restore the original officeholder.
Subd. 3.Clerk, treasurer combined; audit standards.(a) In cities operating under the standard plan
of government the council may by ordinance adopted at least 60 days before the next regular city election
combine the offices of clerk and treasurer in the office of clerk-treasurer, but such an ordinance shall not be
effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After
the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this
chapter shall be performed by the clerk-treasurer or a duly appointed deputy. The offices of clerk and treasurer
may be reestablished by ordinance.
(b) If the offices of clerk and treasurer are combined as provided by this section and the city's annual
revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the
council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant
in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and
treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is
the amount in paragraph (c), or less, the council shall provide for an audit of the city's financial affairs by
the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the
state auditor at least once every five years, which audit shall be for a one-year period to be determined at
random by the person conducting the audit.
(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000
adjusted for inflation using the annual implicit price deflator for state and local expenditures as published
by the United States Department of Commerce.
Subd. 4.[Repealed, 1973 c 34 s 7]
Subd. 5.[Repealed, 1983 c 359 s 151]
Subd. 6.Council increased or reduced.The council may by ordinance adopted at least 60 days before
the next regular city election submit to the voters of the city the question of whether the city council should
be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and
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Revisor of Statutes
2MINNESOTA STATUTES 2021412.02
terms to accomplish the change. The proposal shall be voted on at the next city general election and, if
approved by a majority of those voting on the question, go into effect in accordance with the schedule.
History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 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 1 subd 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 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996
c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2; 2010 c 206 s 2; 2021 c 31 art 3 s 27
Official Publication of the State of Minnesota
Revisor of Statutes
412.02MINNESOTA STATUTES 20213