Subdivision 1. When a vacancy in an elected office of the City occurs with three hundred sixty five (365) days or more remaining in the term of the vacated office, there shall be a special election held within ninety (90) days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated.
Subdivision 2. The City Clerk shall give at least sixty (60) days published prior notice of such special election, except as set forth under Subdivision 5 of this section.
(Amended 8-9-1982; Amended 5-27-2003)
Subdivision 3. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter.
Subdivision 4. In case of a vacancy where there remains less than three hundred sixty five (365) days but more than one hundred twenty (120) days in the unexpired term, the Mayor or Acting Mayor shall appoint, with the approval of the Council, a successor to serve for the remainder of said term.
Subdivision 5. When a vacancy in an elected municipal office occurs within one hundred twenty (120) days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within (60) days prior to the regular election date, the notice of such vacancy shall be published as soon as is practical. If, within the one hundred twenty (120) days period before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Council Members whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election, however, if such vacancy occurs in the office of either of the other two (2) Council Members, the seat shall be filled by the candidate for Council Member with the third highest vote total, or, in the case of two (2) vacancies, the third and fourth highest vote totals. Where two (2) vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term.
Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment.