Memo - Council Vacancy
Department of Administration
Memorandum
To:
Hopkins City Council
Jim Genellie
From:
Date:
Subj ect:
November 3, 2005
Council Vacancy
With the resignation of Diane Johnson, the Hopkins City Council must appoint a replacement to fill
out the remainder of Diane's term. Diane's term was to expire on December 31,2007.
A resolution declaring that a vacancy exists will be on the November 15 City Council agenda.
The council may appoint any individual who is eligible for election to that office. Generally, to be
eligible a person must be a U.S. citizen, a resident of the city, and at least 21 years aId.
The City Council may make that appointment at any Council meeting. The Charter states that in the
case of a vacancy, " ... the Council shall by resolution declare such a vacancy to exist and shall
forthwith appoint an eligible person to fill the same."
Attached is information on the process that the City Council used the last time a vacancy occurred
as well as information about the legal requirements for appointments.
\Admin MEMO.doc
Council Appointment Process
History
The most recent vacancy occurred in November 1999 when Gene Maxwell was elected Mayor. His
Council seat became vacant on January 1, 2000 when he took office as Mayor.
Under the Charter language that was in place at the time the City Council was authorized to appoint
a replacement for the remainder of a term no matter how 10ng remained in the term.
Minnesota state law handled the situation differently. If a vacancy occurred with more than two
years remaining in a term, the Council would appoint someone to serve until a special election
could be held. At that election a Council Member is elected to fill out the remaining two years of
the term. If a vacancy occurred with less than two years remaining in a term, the Council would
appoint someone to serve the remainder of the term.
The City Charter was amended in July of 2000 to bring it into conformance with state law.
However, since there were less than two years remaining in Mr. Maxwell's term when the vacancy
occurred, the action taken by the Council was not only in conformance with the Charter and state
law as it existed in 1999/2000 but would have been in conformance with the revised Charter
language that was adopted in July of2000.
The following process was used by the City Council in 1999/2000. In this case, of course, the City
Council knew that there was going to be a vacancy two months prior to it actually occurring.
.:. The City Council discussed the process for filling the vacancy in November and December.
.:. During the month of December the City Council requested applications from the public. In
addition to a notification in the Sailor, the City sent cards to every resident inviting them to
apply to fill the vacancy.
.:. By December 31, the last day to apply, the City had received 22 applications. Neither ofthe
losing candidates in the November 1999 election applied to fill the vacancy.
.:. January 4,2000 - The City Council adopted a Resolution declaring a vacancy.
.:. January 11, 2000 - The City Council reviewed the applications at a Worksession.
.:. January 25,2000 - the Council interviewed six applicants.
.:. February 1, 2000 - the Council voted to appoint Rick Brausen to fill the vacancy.
August 8, 2005
Legal Requirements Regarding Conncil Vacancies
From the Citv Charter
Section 2.05. VACANCIES. Subdivision 1. A vacancy occurs if an elected official dies, is
convicted ofa 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 ofthe 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.
From the League of Minnesota Cities Handbook
Filling vacancies
While a council might identify and declare the facts giving rise to a vacancy, for all practical
purposes they occur automatically and are not based upon any removal action. Because the
council must fill vacancies in elective offices, it should determine whether a vacancy exists.
After investigating the facts, the council should pass a resolution declaring a vacancy and then
fill it as soon as possible.
The council may appoint any individual who is eligible for election to that office. Generally, to
be eligible a person must be a U.S. citizen, a resident ofthe city, and at least 21 years old. The
council is not obligated to appoint any candidate previously defeated in an election for the office.
A retiring councilmember may not vote on the appointment ofthe successor to that vacancy. A
councilmember who is elected mayor, however, may participate in the appointment vote to fill
the vacancy in his or her former council position.
State law provides that statutory city councils make the appointment to fill a vacancy, except in
the case of a tie vote when the mayor makes the appointment. That means all members of the
council, including the mayor, can vote on the appointment. And as 10ng as at least a quorum of
the council is present, a majority vote of those present is sufficient to make the appointment.
State law does not place any limitation on a mayor's ability to make an appointment in the case
of a tie vote. As a result, the mayor can appoint any qualified person willing to fill the vacancy
even ifthat person was not the subj ect of the original appointment vote.
August 8, 2005