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HOU -20 -2003 14 . 0 <br />Paul C. Ratwik <br />Join M. Rnszak <br />Patricia A. Maloney* <br />Terrence J. Foy' <br />Stephen G, Andersen ** <br />Scutt T. Anderson <br />Kevin t. Rupp <br />Jay T. squires *t <br />Ann R. Goering <br />Nancy E. E iurnstein * <br />Joseph J. Langel <br />Michael J. aldspurger* <br />Margaret A. Skelton <br />Amy E. Mace <br />Erin K. Munson <br />Mr. Neal Beets <br />RA7W 1 K Rl7SZAK MALONEY 6�afe3g 1/03 P.02 <br />Item: XIII. A. <br />RATWIKP ROSZAK & MALONEY, P.A. Other Business <br />Attorneys at Law Filling Council Vacancies <br />City Manager <br />City of Roseville <br />60 Civic Center Drive <br />Roseville, NW 55113-1899 <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Minneapolis, Ili imesnta 55402 <br />(6 t) 339 -0060 <br />Fax (6 l 2) 339-0039 <br />'%vw%v.ratwiklaw.com <br />November 20, 2003 <br />RE: Filling Council Vacancies <br />Our File No. 4002(l)-0089 <br />Dear lr. Beets: <br />Isaac Kaufman <br />Mark J. Girouard <br />Eric I. Quiring <br />Stacey L. Wilson <br />Eric L. Herltke <br />Sonya J. Guggemos <br />Jennifer L. Wulf <br />* <br />Also admitted in Wisconsin <br />* * <br />Civil Trial specialist <br />Certified by the Minnesota <br />State Bar Association <br />Real Property Law specialist <br />Certified by the Minnesota <br />State Bar Msoclation <br />Enclosed are two revisions of the ordinance regarding filling a Council vacancy. One <br />addresses legal issues that exist in the version passed by the Council at the last meeting, and <br />the other was drafted in response to a request by Councilmember Klausing, <br />One issue that exists in the version of the ordinance introduced by the Council at the <br />last meeting concerns when a vacancy occurs. The language of the Ordinance states that a <br />vacancy is created when a member is elected to an incompatible office. State law is rather <br />clear as to when a vacancy occurs, and the Minnesota Attorney General has issued an Opinion <br />that an election to an incompatible office does not result in automatic resignation from the <br />current office, and a vacancy is created when that office was accented. Therefore, we have <br />reinserted "and assumes' � to Subdivision 1 of the ordinance. . <br />Another issue concerns the requirement in the version of the Ordinance introduced by <br />the Council that for vacancies created other than by the assumption of are incompatible office a <br />special election shall be held at the next regular state or city election. Under this language, the <br />special election to fill a vacancy created on October 31 of an election year would be required to <br />be held the next week. That cannot happen under the State election laws. e have added <br />language that we believe meets the Council's intent and complies with State election law. We <br />