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Home My WebLink About1990 06-27 CHCABROOKLYN CENTER CHARTER COMMISSION JUNE 27, 1990 7:00 P.M. CITY HALL AGENDA 1. Call to Order 2. Roll Call 3. Approval of May 30, 1990, Minutes 4. Correspondence 51 Old Business A. Council Vacancies- Proposed Revisions (1) Discussion of Items Proposed by Charlie LeFevere, City Attorney at May 30 Meeting 6. New Business 7. Next Meeting Date 8. Adjournment c oy'", S5 i O e''r S 1 ►'1 S i rn� or�' a i W b� C�'SC(t SsedC o �Y r, P�- E� A U June 24, 1990 Carole Blowers Administrative Assistant Brooklyn Center Charter Commission 8624 Riverview Lane N Brooklyn Park, Mn 55 Dear Carole, I will be unable to attend the June 27th Charter Commission meeting due to a high priority job commitment on the 27th and 28th. According],.y, I offer my recommended language change for addressing the length of appointment issue. I feel the added language I am proposing will address the basic issue, without having to address all the issues /questions raised by the City Attorney. My apology for not being able to attend this important meeting; Please share this information with the Commission members. Thanks four co ration and support. Kuefl 5543 Abbot Ave N Brooklyn Center, Mn 5 29 cc Ron Chris0rM17.. SECTION 2.0.5 VACANCIES IN THE COUNCIL. Wording. Then alter the 3rd sentence and insect a 4th sentence, as follows:� A in the Council shall be filled temporarily by the Council. provided the unexpired termm of the vacant position does not exceed 365 days (1 vear) 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 occurence of the vacancy, this period being necessary to allow time for candidates to file. A special election shall be called. if the next regular election does not fall within this 365 day period. ...........continue with the present language of this S6Ctlon NOTE: underlined words are the recommended additions, all other language could remain the same. 0 r 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 manne authorized by law or forfeiture of the office. When, for any reason, a vacancy should occur in th tv C ouncil or office of Mayor tba Q C ouncil mu pubiically d._ ar s uch vacan within ten 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 felony crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council.,Qr (5) departur o f residence from th city. .05A. Procedur t o Fill Council Va cancies. A vacancy in the Council shall be filled temporarily by the Council Divided the unexpire term of th e vacant position does not exceed 36.5 days (l ve ar). 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. A special election shall be called, if the next regular election does not fall within this 365 day period. 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 City Clerk shall call a special election witho a pricer to fill the vacancy. The special election will 7 ta 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, sEpecial e$,lections. The quorum of the Council consists of three (3) members; ilf at any time the membership of the Council is reduced to less than three (3), the remaining members may shall by unanimous action appoint additional members to raise the membership to three (3). All a1ppointed members shall serve unti -1 a special election or a regular e7 ,PCt fon is Meld. In case of a vacancv where there rploins more than...three hundred sixty fivp. e sha be ca jjaH T Ile Cl er k electi a special election without a pr in&?-y to fill the vacancy. The special t o he i sooner t han t t t d 1 1 t 1 hundred t wen ty f o ll ow i n7 the occurrence vacanc and t o o g overned t he provisions S ec ti on 0 S !�'l ;alb Wher a vacancy in-an elected municipal office occu w ithin one hundred twenty (12 days prior to a regular municipal election date t he special election to fill t P vacancy shall coincide with the regular election. T f. within the one hundre twenty (120) d period before a T-Pgii�ar municipal eiectior toe vacancy occurs in the office of the Mayor or Council Members whose sea are to hP d ecided in th el ection sajd, vac ancy shall be considered no t o exi for purposes of the PlP-c tion. Last revision 6/27/90 M UNDERLINED ITEMS INDICATES ADDITIONS TO PRESENT CHARTER WORDING CIRCLED ITEMS INDICATES OMITTED LANGUAGE FROM PRESENT CHARTER WORDING C 1 0 r, I'J Section 2.05_ VACAN 'TF4 TN THE D JAICTT 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 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 Cowicil. A vacancy in the aepeIV%+rAfKA P r 0 YI4 -e4 Council shall be filled by Council a han 4y,_ -.44o i x- 4 h e r e &,k a- .1 n v% 4 d y S r, 4/4- c 1�.�,f 00 fAl Ll �i.+�Vi�1Z Qps 44! �e SMl Y The Council by a majority vote of all its remaining members Shall appoint a qualified person to fill the vacancy. T -tite i Bl eu ':i:.1 :Qefpa�t4e^r —mil ".1— 1 4 r T F 4 e fe Art41n, W*-,,s a� T�� VOL C1-7' 0 9 os if�.ns -fe -.r. ex d 345 dcz ys 00- 'j!jie�. _;i the Council fails to fill a vacancy with 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 following the occurrence of the vacancy and Abe otherwise governed by the provisions of Section 4.03, special elections. The quorum of the Council consists of three (3) members; if at any It 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). 2