6.2. SR 11-13-2012 - Laserfiche WebLink

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,/ `" °` REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 6.2 AGENDA SECTION MEETING DATE PREPARED BY Work Session November 13, 2012 Cal Portner,City Administrator ITEM DESCRIPTION REVIEWED By Process for Filling Councilxnember Ward 1 Seat REVIEWED BY ACTION REQUESTED Discuss the process for filling Ward 1 Council vacancy. BACKGROUND/DISCUSSION With the election of Councilmember Zerwas to the Minnesota State House of Representatives,his Ward 1 Council seat will at the latest be vacant on January 8,2013. Attached is the LMC Handbook information regarding City Council vacancies. In order to begin the appointment process,the Council will need to approve a resolution declaring a vacancy. State statute allows for a Council appointment to fill the seat if there are two years or fewer remaining in the term. With more than two years remaining, statute requires a special election. If the Council so chose,a special election may be held with two or fewer years remaining if an ordinance is adopted specifying the circumstances in which an election shall be held. In any case, state statute does not allow a vacating Council Member to appoint the replacement. Representative-elect Zerwas may submit his resignation effective before the end of the year,requiring a special election. He may submit his resignation after January 1, 2013,which would allow for Council appointment. Or he may wait to be sworn in to his new seat,which vacates his current position. Upon vacating the seat, the Council must approve a resolution declaring a Council vacancy. At that point the council may begin the appointment process with final appointment completed consistent with the date of the vacancy. FINANCIAL IMPACT N/A ATTACHMENTS • League of Minnesota Cities Handbook Chapter 6 Excerpts Action Motion by Second by Vote r EREQ BY C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GWL3I79K\Council ATIVE Vacancy.docx