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HomeMy WebLinkAboutOrdinance 1331ORDINANCE NO. 1331 BEING ~ ORDINANCE AMENDING CHAPTER 2, SECTION 9, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE VACANCIES IN THE COUNCIL The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 9, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2 FOR~ OF GOVERNMENT Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in 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, continuous absence from the city for more than three months, or conviction of a felony of any such person whether before or after qualification, or by reason of the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. IS HEREBY AMENDED TO RE~D AS FOLLOWS: CHAPTER 2 FORM OF GOVERNMENT Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in 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 ig ti ffi death, res na on, removal from o ce, removal f cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Section 2. This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: September 9, 1996 September 23, 1996 September 23, 1996 Offered by: Seconded by: Roll Call: Councilmember Ruettimann Councilmember Peterson Ayes: Ruettimann, Peterson, Sturdevant, Jolly, Jones Nayes: None Carole Blowers, Secretary Pro Tern a~or J~seph Sturdeva~t - '