Subdivision 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify as required by law prior to the date of the first meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, continuous absence from the City for more than three (3) months, or conviction of a felony under the laws of any State or of the United States (unless restored to full civil rights) of any such persons whether the conviction is before or after the election, or by reason of the failure of any Councilperson without good cause to perform any of the duties of membership in the Council for a period of three (3) months. In each case, the Council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the vacancy until an election is held as provided in this section.
Subdivision 2. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular election and more than two (2) years remain in the unexpired term, a special election shall be held at the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there shall be no special election and the appointed person shall serve until the qualification of a successor elected at a regular city election.
(Ord. 04-09, passed 7-12-2004)