CR 05-153 Resolution Declaring a Vacancy in the Hopkins City Council
November 9, 2005
Council Report 2005-153
A RESOLUTION DECLARING A VACANCY IN
THE HOPKINS CITY COUNCIL
Staff recommends approval of the following motion: Move to adopt resolution
2005-113, 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 Johnson.
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 2005-113
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Terry Obermaier, City Clerk
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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.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2005-113
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
WHEREAS, Council Member Diane Johnson was elected to a four-year term
as a Council Member of the City of Hopkins on November 4, 2003, and;
WHEREAS, Council Member Diane Johnson resigned from that position on
November 2, 2005, and;
WHEREAS, Said resignation occurred after the first day of filing for
candidacy in 2005, and;
WHEREAS, There are two years remaining on Council Member Johnson'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 declares a
vacancy on the Council.
Adopted by the City Council of the City of Hopkins this 15th'h day of November,
2005.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry obermaier, City Clerk