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Councilmember Greg Schroeder September 29,2003 Page 2 establishes under what circumstances it will hold a special election other than at the same time as the next regular election. Roseville does not have such an ordinance. Any person that is eligible for election to the vacant office may be appointed. A city council is not required to appoint a person that ran in the last election. A resigning councilmember may not vote on the appointment of his or her successor; however, a councilmember that is elected mayor may participate in the filling of his or her vacated council seat. In the event that there is a tie vote on filling a vacancy, the mayor has the authority to make the appointment without council approval. In doing this, the mayor may choose any person eligible for the office and is not limited to the persons considered by the council. The above summary is an overview of the procedure that is required by state statutes. Specific circumstances may give rise to questions that cannot be answered without knowing the specific facts. Following are some general procedural recommendations based on the law for the benefit of the City and the Council. We recommend that potential candidates for the vacancy not be limited to those that ran in the previous election, but should be open and advertised to the entire community. The best qualified individual may not have been interested at the time of the previous election, but may be interested when the vacancy occurs. We recommend that any vacancy be filled as soon as possible. Therefore, immediately after adoption of a resolution declaring a vacancy to exist, the Council should announce that it is accepting applications from residents interested in filling the vacancy. However, when a vacancy can be foreseen, such as when a councilmember will be moving out of the City or has been elected to an incompatible office, the announcement might precede the actual vacancy. In that way, interested residents can submit applications to be considered by the Council before the meeting so that an appointment can be made promptly after the vacancy is declared. We recommend that a vacancy be filled only by a resident that has sufficient interest in the vacancy to submit a timely application to the City. The Mayor has the sole authority to fill a vacancy when there is a tie vote on the appointment to fill a vacancy. We recommend that the Mayor be the first councilmember to vote on such an appointment. In the event of a tie, we recommend that the Mayor make the appointment immediately after the tie vote is announced and that the appointee be from among the residents that submitted an application to the City. With the above considerations in mind, the following is an outline of how the law and our recommendations would work to fill a vacancy created if Coundilmember Klausing is elected Mayor.