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III.1. CR 2015-002 A Resolution Declaring A Vacancy in the Hopkins City CouncilJanuary 6, 2015 Council Report 2015-002 A RESOLUTION DECLARING A VACANCY IN THE HOPKINS CITY COUNCIL Proposed Action Staff recommends approval of the following motion: Move to adopt resolution 2015-001, a resolution declaring a vacancy in the Hopkins City Council. This action will allow the Council to move ahead with the appointment of a Council Member to replace the seat left vacant by Council Member Youakim. Overview The City Charter requires that "the Council shall by resolution declare _a vacancy to exist and shall forthwith appoint an eligible person to fill the same." Primary Issues to Consider This resolution only declares the vacancy. It does not appoint. Declaration of the vacancy must be done before an appointment can be made. Supporting Documents • Copy of Section 2.05 of the City Charter • Resolution 2015-001 w ,4� J es Genellie Assistant City Manager Taken from the Hopkins City Charter Section 2.05. VACANCIES. Subdivision 1. A vacancy occurs if an elected official dies, is convicted of a felony, is in violation of the official oath, resigns, ceases to maintain a legal residence in the City, fails to qualify for office, or fails, without good cause, to perform any of the duties of her or his office for a period of three months. In each such case the Council shall by resolution declare such a vacancy to exist and shall forthwith appoint an eligible person to fill the same. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. A person appointed to fill a vacant position can file an affidavit of candidacy to seek election to the position. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-001 RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, Council Member Cheryl Youakim was elected to a four-year term as a Council Member of the City of Hopkins on November 5, 2013, and; WHEREAS, Council Member Cheryl Youakim resigned from that position on December 31, 2014, and; WHEREAS, There are more than two years remaining on Council Member Youakim's term, and; WHEREAS, Section 2.05 of the Charter of the City of Hopkins provides that the City Council shall by resolution declare the Council seat vacant, NOW, THEREFORE BE IT RESOLVED, the Council of the City of Hopkins hereby declares a vacancy on the City Council. Adopted by the City Council of the City of Hopkins this 6th day of January, 2015. an ATTEST: Amy Domeier, City Clerk Eugene J. Maxwell, Mayor