HomeMy WebLinkAbout8B - Filing Method for Councilmember Vacancy
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT r
8B ~~/
FRANK BOYLES, CITY MANAGER. ,
CONSIDER APPROVAL OF METH R FILLING
COUNCILMEMBER VACANCY.
JUNE 16, 1997
At the June 2, 1997 meeting, Councilmember Greenfield
submitted his resignation from the City Council effective
June 3, 1997 (attached). This agenda item recommends a
means through which the vacancy can be filled in a
reasonably expeditious manner which allows the
opportunity for interested members of the public to be
considered.
When Councilmember Greenfield indicated his intent to
resign his position, I requested that the City Attorney
prepare a memorandum identifying the appropriate
format for resignation and method for filling the vacancy
(attached).
Minnesota Statutes do not define the method of
publicizing the vacancy or choosing candidates for the
vacated City Council position. However, many
municipalities follow a method similar to the application
process we use for filling positions on our advisory boards
or the Economic Development Authority. That method
includes publishing notice of the vacancy in the official
newspaper and other sources as the Council may desire,
accepting applications for a preset period of time, and
conducting an interview of candidates through a City
Council subcommittee. One or more finalists are then
recommended for appointment to the City Council.
~ believe the City Council should fill the vacancy. The new
zoning ordinance, and other zoning changes will require
the Council's attention before the end of this year.
Attached is a draft public notice soliciting applications for
the vacant Councilmember position. The public notice
would be contained in the June 21, 1997 Prior Lake
American. A copy would also be included on Cable
Television. The application deadline is proposed for July
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3, 1997. Interviews would be scheduled for the week of
July 7th and the recommendation to the City Council
could be made at the July 21 meeting. The appointee
could be sworn into office at the August 4 meeting. Prior
to swearing in, I would recommend that the City Attorney
review the City Council bylaws with the appointee, and if
the City Council desires, an orientation session could be
scheduled with the City Staff.
In order that interviewing can be conducted in accordance
with the open meeting law, it would be appropriate that
the City Council appoint from among itself two members
to participate on the interview subcommittee.
ISSUES:
The Council should determine whether they believe the
proposed methods of filling the position provide sufficient
announcement of the vacancy. While the proposed
methodology is consistent with your bylaws (attached),
Councilmembers should determine whether other steps
are desirable for filling this position. Finally, the staff
would seek Council input on the proposed timeline.
ALTERNATIVES:
The Council has the following alternatives:
1. Appoint by motion and second two Councilmembers to
administer the process as proposed in this report.
2. Appoint a two Councilmember subcommittee to
administer the process with revisions as the Council
desires.
3. Defer further consideration of this agenda item
pending receipt of additional information from City staff.
RECOMMENDATION: The Council should determine how it wishes to proceed to
fill this important vacancy.
ACTION REQUIRED: Appoint a subcommittee and approve the process and
timeline for filling this important Council vacancy.
Attachment
61697.DOC
CANDIDATES SOUGHT FOR CITY COUNCIL VACANCY
The City of Prior Lake is seeking applications from residents interested in filling
one vacancy on the City Council.
The term of the position is through December 31, 1997. To be eligible, applicants
must be a resident, 21 years of age and entitled to vote. The Coupcil meets on the
first and third Monday of each month at 7:30 p.m. requiring 10 to 40 hours of time
per month. Workshops are periodically included as well. Pay is $3,000 per year.
For an application and copies of the City Council Bylaws, contact Kirsten Oden,
City of Prior Lake, 16200 Eagle Creek Avenue SE, Prior Lake, MN 55372 (phone
447-4230). Applications must be received by Thursday, July 3, 1997.
I:\COUNCIL \GENERAL\ADV97. DOC
05/30/97 FRI 16:32 FAX 612 452 5550
C K S & F
~002
TO:
FROM:
DATE:
RE:
MEMORANDUM
Frank Boyles
Suesan Lea Pace and Matt Brokl
May 28, 1997
Resignation Issues
--------------------------------------------------------------------------------------------------------
You have asked us to provide direction on what action the City Council should
take in the event it receives a resignation from one of its members.
The Resignation
The resignation must be in writing and must be signed by the resigning officer.
The resignation must be addressed to the Mayor and the Council. The resignation
should state the date upon which it is to be effective or include a notation that the
resignation is effective immediately upon its delivery and acceptance by the Council.
(~351.01)
The Council should act to accept the resignation, indicating whether it is
effective inunediately or at a specified date. The Council should then publicly declare
a vacancy.
Filling the Vacancy
The vacancy is filled by Council appointment until an 'election is held. In the
case of a tie vote, the Mayor makes the appointment. (~412.02). The resigning
51641
05/30/97 FRI 16:32 FAX 612 452 5550
C K S & F
14100.1
member of the Council does DQ! participate in a vote to choose a person to replace the
resigning member. (1415.15).
Minnesota Statutes do not define the method of publicizing the vacancy or
choosing candidates for the position. However. many municipalities follow a method
similar to the Prior Lake EDA application process which involves publishing the
vacancy, accepting applications. and interviewing candidates by committee.
Term of Appointment
The term of the appointment depends upon the date of the resignation/vacancy.
If the vacancy occurs before the frrst day to file affidavits of candidacy for the next
regular city election, and more than two years remain in the unexpired term, the
statutes require a special election to be held at the next regular election. The person
elected at a special election serves the unexpired portion of the resigning member's
term. (1412.02).
In contrast, if the vacancy occurs after the first day to fue affidavits of
candidacy for the next regular city election or less than two years remain in the
unexpired term, no special election is held and the appointed person serves until the
next regular election. (~412.02).
51641
2
05/30/97 FRI 16:33 FAX 612 452 5550
C K S & F
[4]004
CHAl'1'RJl 351. RESIGNATIONS. VACANCIES. REMOVALS
351.01 Resignations
Subd. 1. To Whom Made. Resignations shall be made in writing signed by
the resigning officer.
(1) By incumbents of elective offices, to the officer authorized by law
to fill a vacancy in such office by appointment, or to order a
special election to fill the vacancy.
Subd. 2. When effective. Except as provided by subdivision 3 or other
express provision of law or charter to the contrary, a resignation is effective when it is
received by the officer. body or board authorized to receive it.
Subd.3. Contingent resignations prohibited; exception.
(a) Except as provided in paragraph (b). no resignation may be made
to take effect upon the occurrence of a future contingency.
(b) A resignation may be made expressly to take effect at a stated
future date. Unless it is withdrawn as provided under subdivision
4, a resignation is effective at 12:01 a,m. on the state date.
351.02 Vacancies
Every office shall become vacant on the happening of either of the following
events, before the expiration of the tenn of such office:
(2)
The incumbent's resignation.
51641
3
05/30/97 FRI 16:33 FAX 612 452 5550
C K S & F
14J005
CHAPTER 412. STATUTORY CITIES
FORMATION. CHANGE IN TERRITORY. DISSOLUTION
412.02. City electioDS; officers, terms vacancies
Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a
vacancy in an office shall be filled by council appointment until an election is held as
provided in this subdivision. In case of a tie vote in the council, the mayor shall
make the appoinnnent. If the vacancy occurs before the first day to fue 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
frrst day to flie affidavits of candidacy for the regular city election or when less than
two years remain in the unexpired term, there shall be no special election to fill the
vacancy and the appointed person shall serve until the qualification of a successor
elected at a regular city election.
CHAPTER 205. MUNICIPAL ELECTIONS
205.02 Statutes applicable
Subd. 2. City elections. In all statutory and home rule charter cities, the
primary, general and special elections held for choosing city officials and deciding
public questions relating to the city shall be held as provided in this chapter, except
that sections 205.065, subdivision 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and
205.17, subdivisions 2 and 3, do not apply to a city whose charter provides the
manner of holding its primary, general or special elections.
CHAPTER 415. GOVERNING BODIES
415.15. City council resignations, voting on successor
No resigning member of a city council shall participate in a vote of the council
to choose a person to replace the resigning member.
51641
4