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Posted on: February 28, 2019

AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 4 OF THE RED WING CITY CHARTER

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Ordinance No. 130, Fourth Series

AN ORDINANCE AMENDING Chapter 2 and Chapter 4 Of the Red Wing City Charter

 

SECTION 1.  The City Charter is hereby amended by inserting the underlined language and deleting the overstruck language as shown below:


Chapter 2 Form of Government

Section 2.06 Vacancies

A vacancy in the Council or office of Mayor shall be deemed to exist when any of the following events occur:

The failure of the candidate elected to qualify on or before the date of the second regular meeting after the new Council's organizational meeting;

By reason of the death, resignation, removal from office, change of residence from the ward or wards from which elected, or continuous absence from the ward or wards from which elected for more than three months;

By reason of the conviction of a felony which disqualifies an individual from holding office.


Procedure for resignations shall be as provided by State law. In the case of a vacancy, the Council shall, by resolution adopted within seven days of the vacancy, declare such vacancy to exist and shall fill the vacancy by special election held on a date authorized by Minnesota Statutes section 205.10, subdivision 3a, as amended. The special election will be held on the first possible date authorized by said statute where the City can also follow the affidavit of candidacy filing period and notice of filing period requirements in Minnesota Statutes section 205.13, as amended. The vacant seat shall remain vacant until the replacement elected at the special election qualifies and takes office. The replacement elected at the special election shall fill the unexpired part of the term of the person requiring replacement.  


If, however, a vacancy occurs in a general election year on or after April 1 and the term of the vacant seat is scheduled to expire the following year (in January), no special election shall be held. The vacant seat shall remain vacant until the replacement elected at the general election qualifies and takes office.

proceed expeditiously as described herein to fill the vacant seat. If a vacancy occurs in a year in which no regular City election is scheduled, or in an election year after the election has taken place, the vacancy shall be handled as follows:

A special election shall be held within 95 days of the resolution declaring the vacancy. The vacant seat shall remain vacant until the replacement elected at the special election qualifies and takes office. The elected replacement shall fill the unexpired part of the term of the person requiring replacement.

If a vacancy occurs in a year in which a regular City election is scheduled, the vacancy shall be handled as follows:

1) If the vacancy occurs January 1 through June 30, a special election shall be held within 95 days of the resolution declaring the vacancy. The vacant seat shall remain vacant until the replacement elected at the special election qualifies and takes office. The elected replacement shall fill the unexpired part of the term of the person requiring replacement.

2) If the vacancy occurs July 1 through August 1, a special election shall be held on the date of the City General Election, unless the term of the vacant seat is scheduled to expire that year, in which case no separate special election shall be held. The vacant seat shall remain vacant until the replacement elected at a special election qualifies and takes office. The replacement elected at the special election shall fill the unexpired part of the term of the person requiring replacement.

3) If the vacancy occurs after August 1, a special election shall be held within 95 days of the resolution declaring the vacancy, or 15 days after the City General Election, whichever is later. The vacant seat shall remain vacant until the replacement elected at the special election qualifies and takes office. The elected replacement shall fill the unexpired part of the term of the person requiring replacement. Provided, however, that no special election is required if the term of the vacant seat is scheduled to expire that year. 

Chapter 4 Elections

Section 4.05 Special Elections

The Council may by resolution order a special election and provide all means for holding it. A special election must be held on a date authorized by Minnesota Statutes Section 205.10, subdivision 3a, as amended. No primary shall be required in a special election held under this section. All other procedures at such election shall conform as nearly as possible to that prescribed for other municipal elections.

SECTION 2:  Effective Date.  This ordinance shall be in full force and effect 90 days after its adoption and publication in accordance with the City Charter and Minnesota Statutes Section 410.12, subdivision 7.

Introduced the 25th day of February, 2019.


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