CHAPTER 2
FORM OF GOVERNMENT
   Section 2.01.   Form Of Government.The form of government established by this charter is the council manager plan. Except as otherwise provided by law or this charter, all powers of the city are vested in the city council. The city manager is responsible to the council for the proper administration of city affairs. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.02.   Boards And Commissions.Except as otherwise provided by law or this charter, there are no separate administrative boards or commissions except boards and commissions established for the administration of a municipal function jointly with another political subdivision. The council performs the duties and exercises the powers of administrative boards or commissions. The council may establish boards or commissions to advise the council with respect to a municipal function or activity, to investigate a subject of interest to the city, or to perform quasi-judicial functions. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.03.   Council Composition.The council is composed of the mayor exercising the powers specified in section 2.07 and two council members from each of the four wards of the city. The terms of the office of mayor and council members are four years and until their respective successors are elected and qualify for office. One council member must be elected from each ward every two years. The mayor must be an eligible voter of the city, and a council member must be an eligible voter of the ward from which elected. The terms of office of the mayor and council members in office on July 16, 1995, continue in accordance with the schedule of elections in effect on July 16, 1995. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.04.   Ward Boundaries.
   Subd. 1. General. The four wards must be as equal in population as practicable. The population of a ward may not exceed the population of any other ward by more than ten percent. A ward must be composed of compact, contiguous territory.
   Subd. 2. Wards Continue.The wards of the city are those fixed by ordinance as of July 16, 1995.
   Subd. 3. Reapportionment.The council may by ordinance redefine ward boundaries after any municipal election. Within three months after the official certification of a federal decennial census, the council must by ordinance either confirm the existing boundaries or redefine those boundaries to comply with this section. If the council fails to take either action, further compensation may not be paid to the mayor or council members until the wards are redefined. An ordinance establishing new ward boundaries applies to the first regular election held at least six months after the adoption of the ordinance. An ordinance redefining or confirming ward boundaries may not be adopted until after a public hearing before the council on the proposed ordinance after seven days' published notice.
   Subd. 4. Effect On Terms.A change in ward boundaries does not disqualify a council member from serving for the remainder of that member's term. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.05.   Incompatible Offices.The mayor or a member of the council may not be appointed to a paid municipal office in the city nor be employed by the city. The mayor and council members may hold another compatible public office. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.06.   Vacancies.
   Subd. 1. A vacancy in the office of mayor or council member exists for the following reasons:
   (a)   Failure of a person elected to the office to qualify for that office;
   (b)   The death of the mayor or council member;
   (c)   The resignation of the mayor or a council member;
   (d)   The mayor ceasing to be a resident of the city or a council member ceasing to be a resident of the ward from which elected;
   (e)   Conviction of the mayor or a council member of a felony either before or after qualification for office;
   (f)   Removal of the mayor or a council member from office;
   (g)   The mayor or a council member is found to be an incapacitated person pursuant to law;
   (h)   The appointment of a council member as mayor pursuant to subdivision 3 of this section;
   (i)   Any reason specified by law.
   Subd. 2. When a vacancy occurs in a city council member's office, the council must by resolution declare the vacancy to exist. The council shall give public notice of the vacancy, and anyone who is qualified may apply for the position. The council shall fill the vacancy by council appointment from the qualified applicants until a special election is held as provided in subdivision 4.
   Subd. 3. When a vacancy occurs in the office of mayor, the council must by resolution declare the vacancy to exist. The council shall then by majority vote of its members appoint one of its members to serve as mayor. The member so appointed shall possess all the rights and powers of the mayor until a special election is held as provided in subdivision 4. Appointment of a council member as mayor shall result in said council member's office being deemed vacant.
   Subd. 4. If the vacancy occurs and exists before the first day to file affidavits of candidacy for the next regular city election, a special election must be held at the next regular city election or on the date of the next ensuing state general election as the case may be, and the appointed person serves until the qualification of a successor elected at the special election to fill the unexpired portion of the term. If a vacancy occurs and exists on or after the last day for filing affidavits of candidacy for the regular city election or for a special election to be held on the date of the next ensuing state general election, the appointed person serves until the qualification of a successor elected at the next regular city election. (Ord. 2011-07, 6-13-2011)
   Section 2.07.   The Mayor.The mayor is a member of the council for purposes of presiding at its meetings. The mayor may not vote on matters before the council unless there is a tie vote of the council members, in which case the mayor may vote. The mayor may appoint council committees. The mayor may not serve on a council committee unless such service is approved by a unanimous vote of all council members. The mayor is the head of the city government for ceremonial purposes, for the purpose of service of civil process, and for purposes of martial law. The mayor has no administrative duties. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.08.   Mayor Pro Tem.A mayor pro tem must be appointed by the mayor at the annual meeting of the council. The mayor pro tem may vote on all matters before the council but may not cast an additional vote in case of a tie vote of the council. The mayor pro tem serves at the pleasure of the mayor. The mayor pro tem serves as mayor in the mayor's disability or absence from the city or when a vacancy in the office of mayor exists. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.09.   Salaries.The salaries of the mayor and council members are fixed by ordinance in the manner provided by law. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.10.   Investigation Of City Affairs.The council may investigate the affairs of the city and the conduct of city departments, officers and agencies and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The council may audit the accounts of any city officer or department. The council may conduct a survey or research study of subjects of municipal concern. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)
   Section 2.11.   Interferences With Administration.The mayor, the council or a council member may not dictate the appointment or removal of an administrative officer or employee except the city manager. The mayor, the council or a council member may express views and discuss with the manager matters pertaining to the appointment and removal of officers and employees. Except for the purpose of investigation, the mayor, the council or a council member must deal with and control city administrative officers and employees under the jurisdiction of the city manager solely through the manager. The mayor, the council or a council member may not give orders to a subordinate of the manager either publicly or privately. (Ord. 95-1, 4-17-1995, eff. 7-17-1995)