Adopt Resolution #20-134 Accepting Resignation of the Ward 1 Council Member, Declaring a Vacancy in the Office of Council Member Ward 1 and Calling for a Special Election to Fill the Vacancy.

Purpose:
To accept the resignation of Council Member Nadine Heinrich, declare a vacancy in her Ward 1 seat, call for and schedule a Special Election.

Background: 
Council Member Nadine Heinrich, who represents the City in Ward 1, has notified the City of her intent to resign her City Council seat effective July 14, 2020.  Pursuant to the City's Charter, Section 2.5, a vacancy on the Council exists upon receiving a resignation in writing.  The Charter provides that upon a vacancy, the Council shall publicly declare the vacancy to exist.  Adopting the attached resolution will affirm that action. 

Section 4.5 of the Charter directs how vacancies on the City Council are filled.  If there are 365 days, or more, remaining in the term of the vacated office, a special election is required to fill that vacancy.  The Charter speaks about having to hold the election within a certain time period, however, in 2018, new State legislation was adopted creating uniform election dates.  Therefore, a special election held in a City must be held on one of the following dates:

• The second Tuesday in February
• The second Tuesday in April
• The second Tuesday in May
• The second Tuesday in August
• The first Tuesday after the first Monday in November
• On another date if the special election is held in response to an emergency or disaster.

The legislation states that a home rule charter city must not designate additional dates in its charter.  Therefore, to fill the vacancy caused by Council Member Heinrich's resignation, while allowing time for the Primary Election to occur, if necessary, and allowing all statutory timelines without compressing any periods - such as the filing period, etc., the first authorized date for the special election would be February 9, 2021.  Staff has attached a calendar/timeline for Council information.

The Resolution attached for Council action takes care of the following mandatory actions:  Accepting the resignation, publicly declaring the vacancy, and calling for/scheduling a Special Election.

Following the adoption of Resolution #20-134 this evening, staff will publish notices of the special election as well as a candidate filing notice in the City's official newspaper, according to the Statutory timelines.  As you are aware, the City's official newspaper is the Anoka County Union/Herald. 

The candidate filing period has to be published, at a minimum of 14 days prior to the start of filing - publications are on Fridays.  Filing would begin Tuesday, July 28, 2020 and close on Tuesday, August 11, 2020.  Statutes allows for two days following the close of filing for candidate withdrawal.  That period ends on Thursday, August 13, 2020.  Staff will know by close of business August 13, 2020, whether or not a Primary Election will be necessary.  A Primary Election is held when three or more candidates file for one seat.  The City's Charter speaks about a Primary Election for regular municipal elections and states for Special Elections that 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.  With the timeline worked out for this Special Election, it is practicable to hold a Primary Election as well, which would be held concurrently with the November 3, General Election.   

As stated above, a calendar/timeline for this Special Election process is attached.
 

The City's Charter requires the City Council to declare by resolution a vacancy in the resigning Council Member's office and schedule a Special Election to select a successor.  There are no alternatives to adoption of the vacancy resolution as this is a mandatory Charter requirement.

Funding for Elections is taken from the City's General Fund Budget.

Staff recommends Council adopt Resolution #20-134 to proceed with the Special Election process.

Motion to adopt Resolution #20-134 Accepting Resignation of the  Ward 1 Council Member, Declaring a Vacancy in the Office of Ward 1 Council Member and Calling for a Special Election to Fill the Vacancy.