HomeMy WebLinkAbout1994-13 12-19 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of November,
1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment
to Chapter 2 of the Brooklyn Center City Charter.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO. 94 -13
AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN
CENTER CITY CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby
amended as follows:
Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a
vacancy should occur in the City Council or office of the Mayor, the City Council must
publicly declare such vacancy and specify the date of occurrence of the vacancy within ten
(10) days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to
the official city newspaper on the next business day. 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, (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. If the unexpired term of the Council vacancy is less
than one year from the date of the occurrence of the vacancy. the Council by a majority vote
of all its remaining members may either appoint a qualified person to fill the vacancy or call
for a special election. If the unexpired term of the Council vacancy is one year or longer.
a special election shall be called by the Council or by the City Clerk if the Council fails to
act within thirty (30) days of the occurrence of the vacancy. Notice of the vacancy. with a
description setting forth the minimum set of legal qualifications to hold public office shall
be posted at City Hall and sent to the official city newspaper on the next business day. A
quorum of the Council consists of three (3) members: if at any time the membership of the
Council is reduced to fewer than three (3) members. the remaining members may by
unanimous action appoint additional members to raise the membership to three (3) without
following the procedures set forth in Section 2.05b.
(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 majority vote
of all its remaining members shall appoint a qualified person to fill the vacancy. If the
Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special
ORDINANCE NO. 94 -13
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. If the
unexpired term of the council vacancy is one year or longer, 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 following 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 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).]
Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY
SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer,
or if the unexpired term of the Council vacancy is less than one year and the Council
chooses not to fill the vacancy through the appointment process, a special election shall be
called by the Council or by the City Clerk if the Council fails to act within thirty (30) days
of the occurrence of the vacancy. The election will be held not sooner than ninety (90) days
and not later than one hundred twenty (1201 days following 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.
Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY
COUNCIL APPOINTMENT. If the unexpired term of the council vacancy is less than one
year, the Council by a 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 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:
1. Uniform applications in a form approved by the City Council must be
received by the City Clerk, no later than twenty -one (21) days from the date
of the declared vacancy. Application forms submitted by the applicants are
nubile documents. Applications shall request. at a minimum, all information
required b Minnesota Statutes of candidates filin• 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.
ORDINANCE NO. 94 -13
2. Tentative interview scheduling shall be completed and posted at City Hall
no later than twenty -five (25) days from the declared vacancy. Applicants
shall be responsible for requesting schedule changes.
3. Interview process shall not start earlier than twenty -eight (28) days from
the declared vacancy.
a. Applicants shall be interviewed by the Council. in accordance with
the State of Minnesota open meeting laws.
b. 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.
4. 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.
5. If the Council pursues the appointment process but then fails to fill a
vacancy within forty -five (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 not sooner than one hundred fivejl05) days and not later
than one hundred thirty -five (135) days following 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.
6. The City shall comply with the Minnesota Data Practices Act in all
respects in the collection, management, and dissemination of data on
applicants for City Council vacancies.
ORDINANCE NO. 94 -13
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this 19th day of December, 1994.
ATTEST:
51114,s-k*m.f..c,t,
Deputy Clerk
Date of Publication November 2, 1994
Effective Date December 19, 1994
(Brackets indicate matter to be deleted, underline indicates new matter.)
Todd Paulson, Mayor