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. Deal Beets <br />November 7, 2003 <br />Page <br />regarding time frames in ways that the City of Roseville, as a statutory city, cannot. Another <br />difference is that they all operate under a ward system. <br />Our research also identified that the City of Bloomington recently amended its charter <br />to remove the requirement to hold a special election to fill a council vacancy outside a <br />regularly scheduled election. we contacted the Bloomington city attorney, who indicated that <br />the city council weighed the significant cost of the election with the benefit of the vacancy <br />being filled by election rather than by council appointment and determined that the significant <br />cost outweighed the benefit. The citizens of ` Bloomington did not rescind or amend the <br />council's charter amendment. <br />ouncilmember Schroeder also asked that several questions be specifically addressed in <br />this letter. Each of the questions seems to relate to the language of Minn. Stat. § 412.02, suhd. <br />a pertaining generally to Council vacancies and the procedure for filling vacancies. <br />ounci l member Schroeder first requested verification that the City has the parer to <br />adopt an ordinance that requires a special election to fill a vacancy that occurs after the first <br />day to file affidavits of candidacy, or when less than two years remain in the term of the vacant <br />position. In this regard, the last sentence of subdivision 2a of Section 412.02 provides: <br />. . .The Council must specify by ordinance under what circumstances it <br />will hold a special election to fill a vacancy other than a special election <br />held at the same time as the regular city election. <br />While the above language has never been specifically construed, we believe the language, <br />considered together with the remainder of Subdivision 2a, authorizes the Council to adopt an <br />ordinance providing for a special election even where a special election is not mandatory <br />under state law. Subdivision 2a provides that a special election "need not be" (but by <br />implication may be) geld "... when the vacancy occurs on or after the first day to file <br />affidavits of candidacy for the next regular city election or when less than two years remain in <br />the unexpired term." This language would apply to the vacancy created when Councilmember <br />Klausing becomes Mayorb <br />ouncilmember Schroeder also asked what is meant by the phrases "first day to file <br />affi <br />