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MEMORANDUM <br />TO: Centerville City Council <br />FROM: Kurt B. Glaser, City Attorney <br />DATE: 4/17/2025 <br />SUBJECT: Procedures for Councilmember Vacating Oice & <br />Filling Vacancy <br />This memorandum is provided to outline the rules and procedures applicable when a City <br />Councilmember vacates their oice. <br />I. Vacancy by Abandonment of Oice <br />A councilmember who terminates residency in the City of Centerville is considered to have <br />abandoned their oice prior to the end of their term. Under Minnesota law, termination of <br />city residency is one of the recognized grounds for declaring an oice vacant. Other grounds <br />include: <br /> A 90-day absence from oicial duties <br /> Acceptance of an incompatible oice (e.g., full-time employment with the City) <br /> Habitual drunkenness <br />In cases where residency is in question (e.g., dual residency), the City Council may be <br />required to determine the intent of the oicial as to continued residency in Centerville. <br />II. Process for Declaring a Vacancy <br />Once a councilmember vacates their position due to relocation outside of the City, the City <br />Council must pass a written Resolution formally declaring the oice vacant. This is a <br />required procedural step before a replacement may be appointed. <br />III. Filling the Vacancy <br />Following the declaration of vacancy, the City Council has the authority to appoint any <br />quali ǎ ed individual to serve the remainder of the term, subject to the following: <br /> A quali ǎ ed successor must be a U.S. citizen, a resident of Centerville, a quali ǎ ed <br />voter, and at least 21 years old. <br /> The appointment is made by majority vote of the Council, and standard quorum rules <br />apply, except in a tie vote. <br /> The councilmember vacating the oice may not vote in the appointment of their <br />successor. <br />1 <br /> <br />10 <br /> <br />