Mankato City Charter Section 2. 07: Vacancies, Forfeiture of Office, Filling of Vacancies. Page 1 of 1 City Charter 2. FORD OF GOVERNMENT 2. 07 t Vacancies, Forfeiture of Office, Fining of Vacancies. A vacancy in the Council shall be deemed to exist in the case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal from the ward from which elected, continuous absence from the City for more than three ( 3) months, or by reason of the failure of any Council member without good cause to perform any of the duties of members in the Council for a period of three ( 3) months. In each such case, the Council shall by resolution declare such vacancy to exist. If the unexpired term is for a period of 365 days or less, the Council shall forthwith appoint an eligible person to serve for the remainder of such unexpired term. In the event the unexpired term for a vacant position on the Council is greater than 365 days, a special election shall be held to fill the unexpired tern. The Council shall set the filing dates for such special election which filing dates shall be for a period of not less than five regular business days. Upon the close of filing for a vacant position, the Council shall set a date for a special election. The special election to fill the unexpired term of the vacant position shall be held on a date set by the Council, which date shall not be less than two weeks and not more than six weeks after the date on which filings for the vacant position closed. In all other respects, the manner of filing as a candidate and the conduct of the special election shall be conducted as other city elections with due regard to the abbreviated time schedule occurring in a special election. The person receiving the highest number of votes cast at a special election shall be elected to the office for the remainder of the unexpired term, Any vacancy resulting from a recall election or from a resignation following the filing of a recall petition and any vacancy in the office of Mayor shall be filled by special election except that in the event the office of Mayor shall become vacant on or after July 1 st of a year in which a regular election for Mayor will be held, no special election to fill the office of Mayor shall be held. In the event of a vacancy in the office of Mayor occurring on or after July 1 st of a year in which a regular election for the office of Mayor will be held, the person elected at the regular general election to the position of Mayor shall also serve out the unexpired term of Mayor effective upon receipt of a certificate of election in such general election. Notwithstanding the requirements in Section 2. 12 that a quorum of the Council consists of four (4) members, if at any time the membership of the Council is reduced to less than four ( 4), the remaining members may, by majority action, appoint additional members to raise the membership to four (4). Back to: City Charter/ 2: FORM OF GOVERNMENT http:// www.ci. mankato. mn.us/ CityCharter/ charterhome. aspx?sectionnum= 2. 07 4/ 28/ 2008
City of Minnetonka Section 2. 06. Vacancies in the Council. Subd. 1. A vacancy in a council position automatically occurs on the date an incumbent dies. A vacancy also automatically occurs when an incumbent submits a written resignation to the mayor, city manager, or city clerk. The vacancy will be created on the date specified in the written resignation, or if one is not specified, on the date of submittal to the official. If the date of submittal is unknown, then the vacancy will occur on the date the official receives the written resignation. Subd. 2. A vacancy in a council position also exists in the following situations: a) failure of an elected person to qualify on or before the date of the council' s second regular meeting in the year after the election; b) termination of residency in the city; c) except as provided in section 2. 04, termination of a ward council member' s residency in the ward from which elected; d) continuous absence from the city for more than 90 days; e) conviction of a felony either before or after qualification for office; f) loss of qualifications for the elective office; or g) failure without good cause to perform any of the duties of office for a period of 90 consecutive days. Subd. 3. a. The council must on its own motion declare by resolution that a vacancy exists when a vacancy occurs for a reason other than death or resignation. If the council fails to act or is unaware of a vacancy, a resident who is an eligible voter in the city may submit a written request to the city clerk, asking the council to declare a vacancy and giving supporting facts. A request submitted within 90 days after another request for the same council position will not be considered under this section. The council must respond to the written request within 14 days after submission to the clerk, unless a vote approved by 75% authorizes an additional 14 days. of the council members present b. If the council fails to act within the required time, the mayor, or acting mayor if the vacancy is alleged to exist in the mayor' s position, has seven days to act on the request. If the council and mayor or acting mayor fail to act within the required time, a vacancy automatically occurs. 794M
a. Within 30 days after a vacancy automatically occurs or is declared to exist, the council must appoint an eligible person to fill the vacancy or schedule a special election to be held within 90 days. b. If the council does neither, the mayor, or acting mayor if the vacancy is in the mayor' s position, has seven days to appoint an eligible person to fill the vacancy. c. If after 37 days no appointment is made nor an election scheduled, the clerk must schedule a special election to be held within 60 days after expiration of this 37 -day period. Subd. 5. An election to fill a vacancy must be held at the next regular municipal election when: a) the vacancy is declared or automatically occurs before the first day to file affidavits of candidacy for the next regular municipal election; and b) more than two years remain in the unexpired term. In that case, the appointed council member will serve until a qualified successor is elected at the special election. The council member elected will fill the unexpired portion of the term. Subd. 6. No special election is required to fill a vacancy when: a) the vacancy is declared or automatically occurs on or after the first day to file affidavits of candidacy for the next regular municipal election; or b) less than two years remain in the unexpired term. In that case, the appointed council member will serve until expiration of the position' s term. Subd. 7. The term of a council member elected at a special election begins as soon as the election results have been certified and the person has qualified for office. The council member serves until the expiration of the position's term. Subd. 8. For a special election held at a time other than a regular municipal election, a) candidates must file for office no later than four weeks before the election, b) no primary will be held, c) the candidate receiving the highest number of votes is elected, and d) the election must be held on a Tuesday.
City of Austin 9. TERMS OF OFFICE. The official term of all elective officers under the provisions of the Charter shall commence on the first business day in January next succeeding their election and all officers to be appointed by the common council as hereinafter provided shall enter upon the duties of their respective offices on the first business day in January in the year of their appointment. Officers appointed by the mayor or council, except as herein otherwise provided, shall hold their respective offices for the term of two years, or such lesser time as the mayor or council may at the time of election or appointment designate; but no such officers shall hold office beyond the second business day in January following the next city election after his appointment, except as he holds office until his successor is elected and qualified. Am. Ord. 1179, dated 2-2- 70) 10. FILLING VACANCIES IN OFFICE. Whenever any vacancy shall occur in any elective or appointive office of said city, excepting that of mayor, which is hereinafter provided for, such vacancy shall be filled by appointment, by the common council, which incumbent so appointed shall hold his office until the next succeeding election, and until his successor is elected and qualified. Amended by Election, dated 4-28- 60)
A5 IMMAI 21tam ELECTIONS; ELECTED OFFICIALS; OFFICERS. Section 3. 00. ( Charter election). The 1995 charter election shall be held on the second Tuesday in November of that year. Beginning in 1996, there shall be a biennial election for elective officers hereinafter provided, which election shall be known as the " charter election" and shall also be held on the second Tuesday in November of each even number year at such place within each ward as the common council shall designate. Enacted by referendum May, 1994) SECTION 3. 001 Special elections for vacant offices. When a special election is required to fill a vacant office, the special election shall occur on a date established by the common council. The time allowed for the filing of candidates for such office shall be not less than seven days. The special election, or a special primary election if needed, shall be held within forty-nine days of the deadline for filing. A special primary election shall be held if more than two candidates file for such office, with the two candidates receiving the most votes proceeding to the special election, except that if one candidate receives greater than 50% of all votes cast at the special primary election, that candidate shall be declared the winner and no special election shall be held. When a special primary election is held and no candidate receives greater than 50% of all votes cast, the special election shall be held not more than forty-two days thereafter. Amended by ordinance on August 10, 1996; 3621, 2/ 2/ 04; 3657, 7/ 19/ 04) SECTION 3. 01. ( Elections; general provisions; ballots). All regular, primary and special elections shall be held as provided by the general laws of the State of Minnesota relating to elections except as herein otherwise provided. Subd. 2. Partisan ballots shall not be used in any election for any city elective office. Amended by Ordinance 3804, 2/ 21/ 07) SECTION 3. 011. ( Limitations of Consecutive Terms). Except as hereinafter provided, no person shall be eligible to hold the same elective office provided for in this Charter for consecutive terms which, when completed, would exceed twelve years. The word " term( s)" as used in this section shall refer only to those terms of office which commence on a date after the charter election of 1989. Additionally, no elective officer elected at the charter elections of 1994 or 1995 shall be limited for running for the same office until having served 12 consecutive years in that same office. Enacted by referendum May, 1994) SECTION 3. 02. ( Residency required). No person shall be eligible to hold any office provided for in this charter, who shall not be a qualified elector of the State of Minnesota, and who shall not have been a resident of the city, and of the particular ward within the city if the office sought is councilmember, for at least thirty days prior to filing for candidacy for the office. Amended by ordinance October, 1995)
SECTION 3. 025. ( Filing fees). A person filing an affidavit of candidacy for an elective office of the City shall pay a fee of $50.00 at the time the said affidavit is filed with the City Clerk. In lieu thereof, a person may file a petition as provided in Minnesota Statutes, Section 205. 13, subd. 4. Enacted by Ord. No 2475, effective February 7, 1986; Amended by Ord No. 2587, effective July 8, 1988) SECTION 3. 026 ( Officeholder Cannot be Employed by the City of Rochester). Any person who is elected to a city office cannot serve in that office and be simultaneously employed by the city. Any city employee who assumes an elected city office must simultaneously resign their employment by the city without any leave of absence from their employment and without any promise or guarantee of future employment by the city in any capacity. For the purpose of this section, city employee is defined to be any person who receives wages from any board or department or bureau or agency of the City of Rochester. After serving in office, such person shall be freely eligible to apply for employment by the city in any capacity and shall be equally considered with all other candidates for employment in accordance with the requirements applied to all candidates for employment. Enacted by referendum November 5, 1996) SECTION 3. 03. ( Oath required). Every person elected or appointed or who succeeds to any office under this charter, shall, before he enters upon the duties of his office, take and subscribe an oath of office, before some officer authorized to administer oaths, and file the same with the city clerk. Each such person shall also, before entering upon the duties of his office, give to the city such bond, if any, as hereinafter required, or as may be required by common council, the same to be approved by the common council and filed with the city clerk. Section 3. 04. ( Mayor and Councilmember-at- large). The elective officers of said city shall be a mayor and councilmember- at-large. The mayor shall be elected at the charter election in 1995 and shall hold office for three years. In 1998 and each fourth year thereafter the mayor shall be elected at the charter election and shall hold office for a term of four years and until a successor shall be elected and qualified. The councilmember- at- large shall be elected at the charter election in 1996 and in each fourth year thereafter and shall hold office for a term of four years and until a successor shall be elected and qualified. Enacted by referendum May, 1994) SECTION 3. 05. ( Councilmember). The elective officer of each ward shall be one Councilmember. The Councilmember from each of the odd numbered wards shall be elected at the charter election in 1995 and shall hold office for three years. In 1998 and each fourth year thereafter the Councilmember from each of the odd number wards shall be elected at the charter election and shall hold office for a term of four years and until a successor shall be elected and qualified. The Councilmember from each of the even numbered wards shall be elected at the charter election in 1996 and in each fourth year thereafter and shall hold office for a term of four years and until a successor shall be elected and qualified. Enacted by referendum May, 1994)
SECTION 3. 06 Vacancy in elective offices. Subdivision 1 Mayor. The common council shall call a special election if the office of mayor becomes vacant. The elected successor shall serve until the next regularly scheduled election for that office and until the successor is elected and qualified. The council member -at -large shall exercise all of the powers and discharge the duties of the office of mayor until the special election is called and the successor is elected and qualified. The councilmember- at- large while discharging the duties of mayor shall be styled the acting mayor" and his acts in that capacity shall have the same force and validity as if performed by the mayor. Subdivision 2. Councilmember-at- large. The common council shall call a special election if the office of councilmember- at- large becomes vacant. The elected successor shall serve until the next regularly scheduled election for that office and until the successor is elected and qualified. The common council shall elect from among its members an " acting councilmemberat- large" to discharge the duties of that position until the special election is called and the successor is elected and qualified. Subdivision 3. shall be filled as follows: Ward Councilmember. A vacancy in any ward councilmember position A) If the vacancy occurs more than one year prior to the next regularly scheduled general election, the council shall call a special election to fill the unexpired term of the vacant position. The elected successor shall serve until the next regularly scheduled election for that position and until the successor is elected and qualified. Until the time the vacancy is filled by a special election and a successor is elected and qualified, the common council may make a temporary appointment to fill the vacancy. B) If the vacancy occurs less than one year prior to the next regularly scheduled general election, the council shall appoint a successor who shall serve until a successor is elected and qualified at that next general election. The elected successor shall serve for the unexpired term of the vacant position unless that position was scheduled to be filled at that election. Amended by Ordinance No. 3749 effective February 22, 2006) SECTION 3. 07. ( Removal of Elected officers). Whenever 50 or more registered voters of the City of Rochester shall file in the district court of Olmsted County a verified complaint charging that any elected officer of the city has been guilty of malfeasance or nonfeasance in the performance of the officer's duties, and setting forth the facts upon which such charges are based, the Judge of said district court, upon presentation of said complaint to him, may issue an order returnable before him, requiring the officer against whom the complaint is made to appear and answer said complaint and show cause why he should not be removed from office. Upon the return of such order, the court shall prescribe the course of pleading, the time of hearing, and
the manner of procedure therein. Following the hearing, the court shall issue findings of fact and its conclusion as to whether the officer has committed acts constituting malfeasance or nonfeasance in the performance of the officer's duties. If the court finds that the officer's acts constitute malfeasance or nonfeasance in the performance of the officer's duties, the court's written findings shall be published and the common council shall call for an election of the voters to determine if the acts constituting malfeasance or nonfeasance constitute sufficient cause for the officer's removal from office. This removal election shall be city-wide if the officer is the Mayor or Councilmember- at-large, and shall be limited to a particular ward if the officer is a ward councilmember, and shall be held within 45 days of the publication of the court's findings. The officer shall be considered removed and the office vacant if a majority of the votes cast on the question are that the acts of malfeasance or nonfeasance constitute sufficient cause for the officer's removal. Amended by Ordinance No. 3199 effective January, 1999) SECTION 3. 08. ( Change of residence). Except as otherwise provided within the charter, any elective or appointive officer changing his residence from the city or ward for which he was elected or appointed under the provisions of this charter, and any such officer who shall neglect or refuse to qualify within ten ( 10) days after notice of his election or appointment or to enter upon the discharge of the duties of his office within the designated time, shall be deemed to have vacated his office. ( Amended by Ordinance No. 3369 12/ 12/ 2000) SECTION 3. 09. ( Duty to successor). Any person having been an officer in said city shall, within ten ( 10) days after notification and request, deliver to his successor in office all property, books, papers and effects of every description in his possession, belonging to the city, or pertaining to the office he may have held. If he fails to do so, after such notification and request, he shall forfeit and pay to the use of the city one hundred dollars ($ 100), beside all damages caused by his neglect or refusal so to deliver, and such successor may recover the possession of such books, papers and effects in the manner prescribed by the law of the state in case of the unlawful detention of personal property. 10, 1996) SECTION 3. 10. ( Vacancy, elected officials). ( Repealed by ordinance, effective August SECTION 3. 11. ( Certain acts prohibited). Any officer or employee of the city who shall willfully or negligently violate any of the provisions of this charter, or convey any of the public property to his own use, or knowingly permit any other person to so convert it, shall be guilty of a misdemeanor, and shall, upon a conviction be punished, when a punishment is not otherwise provided by law, as misdemeanors are punishable by the criminal laws of the state; and, on conviction thereof, he shall forfeit his office and shall be liable to the city for any amount of loss or damage suffered by reason of such violation of law.
City of St Paul Charter Sec. 2. 04. Vacancy. An elective office becomes vacant when the incumbent dies, resigns by a writing filed with the city clerk, is convicted of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction, or when a councilmember ceases to reside within the council district from which elected. Editor' s note --Section 2. 04 amended, election Nov. 4, 1980; see Resolution, C. F. 275919 and Note 1 following this chapter; further amended, see Note 4 following this chapter. Sec. 2. 05. Filling vacancies. A) Interim appointee. The council may within thirty ( 30) days of a council vacancy elect a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the council vacancy occurs after the last day for the filing of affidavits of candidacy for United States Representative. If a tie vote occurs in the filling of a vacancy in the office of councilman, the mayor shall break the tie. In the event that the council does not fill the council vacancy within thirty ( 30) days, the mayor shall within ten ( 10) days thereafter appoint a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the vacancy occurs after the last day for the filing of affidavits of candidacy for United States Representative. If a vacancy occurs in the office of mayor, the council shall within thirty ( 30) days elect a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the vacancy occurs on or after July 1 of the third year of the mayoral term. B) Elected successor. If a council vacancy occurs on or before the last day for the filing of affidavits of candidacy to be a United States Representative, the vacancy shall be filled at the next statewide general election, being the first Tuesday after the first Monday in November of even -numbered years. Affidavits of candidacy for said vacancy shall be filed with the city clerk within fourteen ( 14) days of the last day for the filing of affidavits of candidacy for United States Representative. In the event that more than two ( 2) persons file for the vacancy, a primary election shall be held on the first Tuesday after the second Monday in September of said even -numbered year. If a vacancy in the office of mayor occurs before July 1 of the third year of the mayoral term, the vacancy shall be filled at the next general election being the first Tuesday after the first Monday in November, unless the next general election occurs more than one hundred eighty ( 180) days after the vacancy is created, in which case, the council shall call a special election for the purpose of filling the vacancy. The successful candidate' s term shall commence upon the council' s canvass of the election results and upon expiration of the time to contest the election or, if notice of contest is filed, upon final disposition of the contest. Affidavits of candidacy for said vacancy shall be filed with the city clerk in accordance with the provisions of Charter Section 7. 04. In the event that more than two ( 2) persons file for the vacancy, a primary election shall be held on the first Tuesday after the second Monday in September, unless the vacancy is to be filled at a special election, in which case the primary election shall be at least sixty ( 60) days before the special election.
Note --Amended, see Note 2 following this chapter; further amended by Ord. No. 17340, C. F. 86-321, adopted by the city council April 10, 1986, pursuant to Minnesota Statutes, Section 410. 12.
City ofbrooklyn Park CITY CHARTER Adopted by Referendum September 9, 1969
SECTION 2.05 INCOMPATIBLE OFFICES ( Amend effective 8/ 31/ 05 # 2005-1037) No member of the Council shall be appointed City Manager, nor shall any member hold any non -elective paid municipal office or employment under the city except as otherwise permitted by state law; and until one year after the expiration of his/her term as Mayor or Council Member, no former member shall be appointed to any non -elective paid appointive office or employment under the city. SECTION 2.06 COUNCIL VACANCIES ( Amend. Effect. 12/ 20/ 72) ( Amend. Effect 9/ 3/ 98) Amend. Effect. 7/ 3/ 03 # 2003-995) A vacancy in the City Council or office of Mayor shall be declared when any ofthe following occur: 1. The failure of any person elected to qualify on or before the date of the second regular meeting of the new Council. 2. Death. 3. Resignation. 4. Failure to perform any of the duties of Council Member for a continuous period of ninety (90) days. 5. Conviction of a felony. 6. A judgment of incompetence by a court of competent jurisdiction. 7. Member removed by recall. 8. Council Member is elected Mayor or Mayor is elected to a Council seat. 9. Member no longer resides in the City of Brooklyn Park or, in the case of a Council Member, the district the member represents. If the process of redistricting changes a Council Member' s district, that Council Member shall continue to represent the district until the member's term expires. 10. Council Member forfeits office in accordance with Section 14. 04 ( B) or any reason specified by law. If any of the foregoing is determined to have happened, the Council shall, by resolution at the next regular or special Council meeting declare a vacancy on the Council to exist. Declaration date of vacancy shall be the date ofthe Council meeting at which the resolution is adopted. Vacancies must be publicly declared by resolution, posted at City Hall, and with notification to be given by any other practical means. following: Within 30 days after the declaration date, the Council must do one of the a) Appoint an eligible person to fill the office for the balance of the unexpired term if less than 365 days remain in the term. The candidate receiving a majority of votes of all members of the Council must be appointed to fill the vacancy. If no candidate receives a majority of votes, additional votes may be taken. If the Council fails to make an appointment within 30 days, or if the Council votes three times on the appointment and fails to fill the vacancy, the Mayor must, within fifteen days after such event, appoint an eligible person to fill the vacancy; or, b) Order a special municipal election to fill the vacancy for the balance ofthe unexpired term if 365 days or more remain in the term. The Council shall set times for candidates to file for such office, however, filings may close no sooner than 7 days
after the election is ordered. The election must be held no less than 49 days and no more than 60 days after the election is ordered. There shall be no primary regardless ofthe number of candidates. Except as provided in Section 2. 06 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. SECTION 2. 07 THE MAYOR (Amend. Effect. 12/ 20/ 72) The Mayor shall be the presiding officer of the Council. The Council shall choose from its members a Mayor Pro -Tem who shall hold office at the pleasure of the Council and shall serve as Mayor in case of the Mayor' s disability or absence from the city, or in case of a vacancy in the office of Mayor until a qualified successor has been elected or appointed. The Mayor shall have a vote as a member of the Council. He/ she shall exercise all powers and perform all duties conferred and imposed upon him/ her by this Charter, the ordinances of the city, and the laws of the State. He/ She shall be recognized as the official head of the city for all ceremonial purposes, by the courts for purpose of serving civil process and by the Governor for purposes of martial law. SECTION 2. 08 SALARIES The Mayor and members ofthe Council shall receive such compensation for their services as may be prescribed by ordinance enacted by a simple majority of all the members of this Council. The City Manager and all subordinate officers and employees of the city shall receive such salaries or wages as may be fixed by the Council. SECTION 2. 09 INVESTIGATIONS AND AUDITS (Amend. # 1999-907 Effect 01-20- 2000) The Council shall have power to make investigations into the city' s affairs, subpoena witnesses, administer oaths and compel the production of books, papers and other documentary evidence. The Council shall provide for an audit of the city' s accounts at least once a year by the Minnesota State Auditor or by a certified public accountant. The Council may at any time provide for an examination or audit of the accounts of any office or department of the city government and it may cause to be made any survey or research study of any subject of municipal concern. SECTION 2. 10 INTERFERENCE WITH ADMINISTRATION Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any ofthe subordinates ofthe City Manager, either publicly or privately.