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Home My WebLink About2020-03-25 Handouts @ Meeting MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: KURT GLASER, CITY ATTORNEY SUBJECT: SUCCESSION OF MAYOR OR COUNCILMEMBER DATE: MARCH 22, 2020 CC: CITY ADMINISTRATOR The mayor announced his intention to resign from office. That will create the need to fill his office. If his office is filled by a current member of the council, that vacant council seat will need to be filled. These are the rules and procedures to fill vacant offices. 1. When a mayor or councilmember leaves office, the council must determine how the vacancy exists. a. In our case, Mayor Paar announced his intention to resign. This will create a vacancy in the office of mayor. b. If the office of mayor is filled by a current member of the Council, that appointment will create a vacancy in the office of that member of the council. 2. The council shall pass a written Resolution declaring a vacancy of office. a. There is no deadline or time period for filling a vacancy. 3. The council shall appoint a successor to fill a vacant office of the mayor or member of the council. a. The council may appoint any qualified candidate to fill a vacant office of mayor or council member. The council is not limited to filling the vacancy with another member of the council. b. If the vacancy is the position of mayor, the acting mayor shall preside over the council to appoint a successor. c. Appointment of the successor is by a majority vote of the council. i. Quorum rules apply. ii. In the event of a tie vote, the acting mayor is empowered to make the appointment to fill the vacancy. In this unique instance of a tie vote, the law gives the acting mayor the unlimited right to appoint any qualified candidate to the office - not just the candidate who was the subject of the tie vote. Except, the acting mayor cannot appoint himself or herself to the office. d. A qualified successor is any person who is eligible for Office: any U.S. Citizen, who is a resident of the City, a qualified voter, and is at least 21 years old. e. The mayor or councilmember resigning from office may not vote on the appointment of a successor to their vacant office. f. A councilmember elected mayor, however, may participate in the appointment vote to fill the vacancy in his or her former council position. 4. Timing a. No Special Election Required: 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. i. This rule would apply if Councilmembers Koski or Montain were appointed Mayor. b. Special Election Required: 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. i. This rule would apply if Councilmembers Love or Lakso were appointed Mayor. 2 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 20-____ A RESOLUTION ACCEPTING THE RESIGNATION OF MAYOR JEFF PAAR AND DECLARING A VACANCY IN THE OFFICE OF MAYOR WHEREAS, Jeff Paar honorably served the residents of the City of Centerville as its Mayor. WHEREAS, on March 11, 2020, at the regular Centerville City Council meeting, Mayor Paar announced his decision to resign from office effective March 25, 2020. WHEREAS, on March 23, 2020, a formal letter of resignation, signed by Mayor Paar was received by the City of Centerville, noting that his resignation would be effective upon the Council’s acceptance of said resignation at their regular meeting on March 25, 2020. WHEREAS, less than two years remain in the unexpired term of Mayor Paar’s office. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, STATE OF MINNESOTA: The Council accepts the resignation of Mayor Jeff Paar; and, The Council declares that a vacancy exists in the Office of Mayor effective on March 25, 2020; and, The Council shall fill the vacant Office of Mayor without a special election and by action of the Council as set forth in Minnesota Statutes Sections 412.02 and 471.46. PASSED and adopted by the Centerville City Council this the 25th day of March, 2020. ______________________________ D. Love, Vice Mayor ATTEST: __________________________________ Mark Statz, City Administrator CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 20-XX A RESOLUTION FILLING VACANCY IN THE OFFICE OF CITY COUNCIL MEMBER _____________ WHEREAS, Councilmember ______________________ honorably served in office until appointed to Office of Mayor of the City of Centerville on March 25, 2020. WHEREAS, by Resolution Number 20-XX, the City Council declared a vacancy in the Office of Councilmember _________________’s seat on March 25, 2020. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, STATE OF MINNESOTA: By majority vote of the Council, _____________________ is appointed as a member of the Centerville City Council to fill the seat vacated by Councilmember _______________________________. Councilmember ____________ shall serve until December 31, \[2020 / 2022\]. PASSED and adopted by the Centerville City Council this the ____th day of _________, 2020. ______________________________ ________________, Mayor ATTEST: __________________________________ Mark Statz, City Administrator CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 20-XX A RESOLUTION FILLING VACANCY IN THE OFFICE OF MAYOR WHEREAS, Mayor Jeff Paar honorably resigned from the Office of Mayor of the City of Centerville effective March 25, 2020. WHEREAS, by Resolution Number 20-XX, the City Council accepted Mayor Paar’s resignation and declared a vacancy in the Office of Mayor on March 25, 2020. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, STATE OF MINNESOTA: By majority vote of the Council, Councilmember _____________________ is appointed the Mayor of the City of Centerville. Mayor ____________ shall serve as Mayor until December 31, 2020. PASSED and adopted by the Centerville City Council this the 25th day of March, 2020. ______________________________ ________________, Vice Mayor ATTEST: __________________________________ Mark Statz, City Administrator CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 20-____ A RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL OF THE CITY OF CENTERVILLE WHEREAS, City Councilmember _______________________ was appointed Mayor by the City Council at their regular meeting on March 25, 2020. WHEREAS, by accepting the position of Mayor, Councilmember ______________, therefore, vacated their seat on the City Council. WHEREAS, more than two years remain in the unexpired term of Councilmember ______________ office. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, STATE OF MINNESOTA: The Council declares that a vacancy exists o the City Council March 25, 2020; and, The Council shall fill the vacant seat without a special election and by action of the Council as set forth in Minnesota Statutes Sections 412.02 and 471.46 until such time as the next general election. At the time of the next general election, a special election shall be held, concurrently, to fill the remaining two years of the City Council seat, through 2022, and the previously appointed Councilmember’s term shall end. PASSED and adopted by the Centerville City Council this the 25th day of March, 2020. ______________________________ ___________________, Mayor ATTEST: __________________________________ Mark Statz, City Administrator