Loading...
HomeMy WebLinkAbout1992-205 CCR1 1 1 Member Dave Rosene resolution and moved its adoption: RESOLUTION NO. 92 -205 introduced the following RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS. NOVEMBER 3. 1992 WHEREAS, the Brooklyn Center Charter Commission, appointed by the District Court of Hennepin County for the City of Brooklyn Center, has on July 27, 1992, delivered to the Mayor of the City proposed amendments to Section 2.05 of the Home Rule Charter duly adopted by the Charter Commission; and WHEREAS, the said proposal is to amend said Section 2.05 to read in its entirety as follows: (brackets indicate material to be deleted, underline indicates new material) Section 2.05 VACANCIES IN THE COUNCIL. The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office.] When. for anv reason. a vacancy should occur in the City Council or office of the Mayor. the City Council must publicly declare such vacancy within ten (10) days of its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] or (5) departure of residence from the City. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the election authorities shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, special elections. The quorum of the Council consists of three (3) members, if at any time the membership of the council is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3).] 1 1 RESOLUTION NO. 92 -205 Section 2.05A. PROCEDURES TO FILL COUNCIL VACANCIES. If the unexpired term of the council vacancy is less than one year, the Council by a ma-iority vote of all its remaining members shall appoint a aualified person to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days. the City Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days followina the occurrence of the vacancy and to be otherwise aoverned by the provisions of Section 4.03. Special Elections. If the unexpired term of the council vacancy is one year or lonaer. a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days. and not later than one hundred twenty (120) days followina the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03. Special Elections. If more than two candidates file for the unexpired term. a primary election shall be held. The auorum of the Council consists of three (3) members: if at any time the membership of the Council is reduced to less than three (3). the remainina members may by unanimous action appoint additional members to raise the membership to three (3). THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center: 1. That the question of the adoption of said proposed amendments to the Home Rule Charter of the City shall be submitted to vote of the electors of the City at a special election which is hereby called to be held at the regular polling places in the City on the 3rd day of November, 1992, concurrently with the general City election to be held on said date. 2. The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for two (2) successive weeks prior to said election. 3. The Clerk is authorized and directed to cause suitable ballots to be prepared for said election which shall be in substantially the following form: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE ADOPTED? YES NO 1 1 RESOLUTION NO. 92-205 ATTEST: 4. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. August 24, 1992 Date Deputy Clerk Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.