If the unexpired term of the Council vacancy is less than two
years, the Council by majority vote of all its remaining members may
appoint a qualified person to fill the vacancy. Notice of the vacancy,
with a description setting forth the minimum set of legal qualifications
to hold the subject public office shall be posted at City Hall and
sent to the official City newspaper on the next business day and shall
include the following description of the application and appointment
process, which shall be followed by the City Council:
A. Uniform applications in a form approved by the City Council must
be received by the City Clerk, not later than 21 days from the date
of the declared vacancy. Application forms submitted by the applicants
are public documents. Applications shall request, at a minimum, all
information required by Minnesota Statutes of candidates filing for
the office. Additional information forms may be adopted by the City
Council and shall be required of each applicant uniformly. The applicant
may submit a resume, in addition to the uniform application forms.
B. Tentative interview scheduling shall be completed and posted at City
Hall not later than 25 days from the declared vacancy. Applicants
shall be responsible for requesting schedule changes.
C. The interview process shall not start earlier than 28 days from the
declared vacancy.
(1) Applicants shall be interviewed by the Council, in accordance with
the State of Minnesota open meeting laws.
(2) A uniform list of initial questions to be asked of all applicants
shall be made available to the public and the applicants in advance
of interviews. To the extent reasonably practicable, questions asked
of all applicants at the interviews shall be uniform.
D. Selection process. Upon completion of the interview process, the
Council may call for a vote to appoint an applicant. Each Council
member may cast only one vote for a preferred applicant on each called-for
vote to appoint. No vote, which does not result in a majority vote
for one candidate, shall result in elimination from consideration
of any candidate. Written ballots listing the applicant(s) shall be
used. Each Council member's vote shall be recorded. A simple majority
of the Council votes shall appoint that applicant to the City Council.
In the event of a tie vote of the Council, the Mayor (or Mayor pro
tem if the vacancy is in the office of Mayor) shall make the appointment.
E. If the Council pursues the appointment process but then fails to fill a vacancy within 45 days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held as soon as reasonably practicable following such occurrence, and the procedure shall be otherwise governed by the provisions of §
18-8 above. If more than two candidates file for the unexpired term, a primary election shall be held.
If any provision of this article is found to be invalid for
any reason by a court of competent jurisdiction, the validity of the
remaining provisions shall not be affected.
This article shall be in full force and effect from and after
its passage and publication in the official newspaper.