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<br />MEMORANDUM <br />TO: MAYOR & CITY COUNCIL <br />FROM: KURT GLASER, CITY ATTORNEY <br />SUBJECT: SUCCESSION OF MAYOR OR COUNCILMEMBER <br />DATE: MARCH 22, 2020 <br />CC: CITY ADMINISTRATOR <br />The mayor announced his intention to resign from office. That will create the need to fill his <br />office. If his office is filled by a current member of the council, that vacant council seat will <br />need to be filled. These are the rules and procedures to fill vacant offices. <br /> <br />1. When a mayor or councilmember leaves office, the council must determine how the <br />vacancy exists. <br />a. In our case, Mayor Paar announced his intention to resign. This will create a <br />vacancy in the office of mayor. <br />b. If the office of mayor is filled by a current member of the Council, that <br />appointment will create a vacancy in the office of that member of the <br />council. <br />2. The council shall pass a written Resolution declaring a vacancy of office. <br />a. There is no deadline or time period for filling a vacancy. <br />3. The council shall appoint a successor to fill a vacant office of the mayor or member <br />of the council. <br />a. The council may appoint any qualified candidate to fill a vacant office of <br />mayor or council member. The council is not limited to filling the vacancy <br />with another member of the council. <br />b. If the vacancy is the position of mayor, the acting mayor shall preside over <br />the council to appoint a successor. <br />c. Appointment of the successor is by a majority vote of the council. <br />i. Quorum rules apply. <br />ii. In the event of a tie vote, the acting mayor is empowered to make the <br />appointment to fill the vacancy. In this unique instance of a tie vote, <br />the law gives the acting mayor the unlimited right to appoint any <br />qualified candidate to the office - not just the candidate who was the <br /> <br />