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<br />RATWIK, ROSZAK & MALONEY, P.A. <br />Attorneys at Law <br /> <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A. Maloney* <br />Terrence J. Foy* <br />Stephen G. Andersen** <br />Scott T. Anderson <br />Kevin J. Rupp <br />Jay T. Squires*t <br />Ann R. Goering <br />Nancy E. Blumstein* <br />Joseph J. Langel <br />Michael J. Waldspurger* <br />Margaret A. Skelton <br />Amy E. Mace <br />Erin K. Munson <br /> <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Minneapolis, Minnesota 55402 <br /> <br />(612) 339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br /> <br />Isaac Kaufman <br />Mark J. Girouard <br />Eric J. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Sonya J. Guggemos <br />Jennifer L. Wolf <br /> <br />* Also admitted in Wisconsin <br />** Civil Trial Specialist <br />Certified by the Minnesota <br />State Bar Association <br />t Real Property Law Specialist <br />Celiified by the Minnesota <br />State Bar Association <br /> <br />November 20, 2003 <br /> <br />Mr. Neal Beets <br />City Manager <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, Mt~ 55113-1899 <br /> <br />RE: Filling Council Vacancies <br />Our File No. 4002(1)-0089 <br /> <br />Dear Mr. Beets: <br /> <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 /> <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 accepted. Therefore, we have <br />reinserted "and assumes" to Subdivision 1 of the Ordinance. <br /> <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 an 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. We have added <br />language that we believe meets the Council's intent and complies with State election law. We <br />