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MEMORANDUM <br />TO: MAYOR AND CITY COUNCIL <br />FROM: KURT GLASER, CITY ATTORNEY <br />SUBJECT: RULES AND PROCEDURES FOR FILLING A VACANT ELECTED <br />OFFICE <br />DATE: 5/23/25 <br />An office of Mayor or City Council Member may become vacant prior to the expiration of <br />the term under the following circumstances: <br />Voluntary Resignation — The officeholder submits a written resignation before the end of <br />their term. <br />Abandonment of Office — The office may be deemed "abandoned" under any of the <br />following conditions: <br />a. Termination of residency within the City limits <br />b. Absence from official duties for a continuous period of 90 days <br />c. Acceptance of an incompatible office <br />d. Habitual drunkenness <br />Example. In cases of dual residency, the Council may consider whether the official maintains intent <br />to reside in the City. <br />PROCEDURE FOR DECLARING AND FILLING A VACANT OFFICE <br />Determination of Vacancy <br />a. Upon an official's resignation, failure to quaii£y for office, or potential abandonment, the <br />Council shall formally review the matter. <br />b. The Council must adopt a written Resolution Declaring a Vacancy, which includes <br />factual findings supporting the conclusion that the office is vacant. <br />Filling the Vacancy <br />a. There is no statutory deadline for filling a vacancy. <br />b. The Council shall appoint a qualified individual to serve for the remainder of the <br />unexpired term or until the next general election, as permitted by law. <br />c. A qualified successor must be a United States citizen, a resident of the City, a qualified <br />v.: -ter, and at least 21 years of age. <br />