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RATWIK, ROSZAK & MALONEY, P.A. <br />Attorneys at Law <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*? <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 />Councilmember Greg Schroeder <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113-1899 <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Minneapolis, Minnesota55402 <br />(612)339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br />September 29,2003 <br />RE: Filling Council Tlacancies <br />Our File No. 4002(1)-0089 <br />Dear Councilmember Schroeder: <br />Isaac Kaufman <br />Mark J. Girouard <br />Eric J. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Sonya J. Guggemos <br />� Also admitted 'm Wisconsin <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 Association <br />This letter is in response to your question regarding the procedure for filling a vacant <br />seat on the City Council. We understand your question to be based on a scenario where <br />Councilmember Klausing's seat would become vacant in the event that he is elected Mayor. <br />The following is a general explanation of the process set out in state statutes and as it has been <br />interpreted by the Attorney General. <br />The Council must first pass a resolution declaring that a vacancy exists. Vacancies can <br />arise under a number of different circumstances: but commonly are due to death, resignation or <br />the acceptance of a second incompatible office. In Councilmember Klausing's case, the <br />vacancy would occur upon his assumption of the office of Mayor. The Council must fill a <br />vacancy and cannot choose to leave the seat vacant until the term expires. <br />A vacancy is filled by maj ority vote of a Council quorum. The appointment is until a <br />special election is held, if required. A special election is required if the vacancy occurs before <br />the first day to file affidavits of candidacy for the next regular city election and more than two <br />years remain in the unexpired term. When this happens, the special election is held at the next <br />regularly scheduled city election. If the vacancy occurs after the first day to file affidavits of <br />candidacy for the next regular election, �� special election is required, and the appointed <br />person essentially serves the remainder of the term. Some cities have an ordinance that <br />