Adopt Resolution #18-249 Declaring a Vacancy in the Office of Councilmember At-Large, Due to Special Election of November 6, 2018.  

Purpose:  To declare a vacancy in the Councilmember At-Large seat, due to the election of John LeTourneau as Mayor in the Special Election of November 6.   

Background:  As Council is aware, Councilmember At-Large John LeTourneau, who filed an affidavit of candidacy for the Mayoral seat vacated by Sarah Strommen, was elected to said seat in a special election held on November 6, 2018.  Therefore, the Councilmember At-Large seat is now vacant.  The City's Charter, Section 2.5, 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.  Due to newly adopted uniform special election dates, a special election 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.

Due to the uniform timeline for elections, it appears that adhering to the statutory timeline, this Special Election, may end up being held as late as August 13, 2019.  The first available date for a Primary (our Charter states that we shall have a Primary) would be February 12; however, with declaring a vacancy so late in the year, we would be unable to meet the length of the publishing and filing dates for a February 12 election.  The next available date for a Primary, would be April 9.  With all the days needed to abide by Statutes for absentee voting, the May date to hold the Special General Election would be off the table.  Therefore, August 13 may be the only alternative.  Staff is in conversation with the City Attorney as well as Anoka County Elections, to determine if any timelines are able to be compressed.  Staff will work with the dates and the timelines and bring forward a schedule for the Special Election as prescribed by State Statute and the City's Charter.  Staff will ask for Council approval of the dates at the December 11 City Council meeting.  

The Resolution attached for Council action takes care of the following mandatory action:  Publicly declaring the At-Large Council seat a vacancy.  

The City's Charter requires the City Council to declare by resolution a vacancy in the Mayor and/or Council 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.  As stated above, staff will bring back Election dates for Council approval.

Staff recommends Council adopt Resolution #18-249 to decare a vacancy on the City Council and to determine a date for a Special Election and to bring to the City Council for approval at a future meeting.

Motion to adopt Resolution #18-249 Declaring a Vacancy in the Office of Councilmember At-Large.