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HomeMy WebLinkAbout2019-01-14 City Council Workshop Packet PLEASENOTESTARTTIME PLEASENOTESTARTTIME Swearing in of Council Members Abrams and Juenemann will take place prior to thismeeting. AGENDA MAPLEWOOD CITY COUNCILWORKSHOP 6:00P.M. Monday,January 14,2019 City Hall, Council Chambers A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Discussion on Filling Council Vacancies F.ADJOURNMENT RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens -unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. THIS PAGE IS INTENTIONALLY LEFT BLANK E1 CITY COUNCIL WORKSHOPSTAFF REPORT Meeting Date January 14, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Ron Batty, City Attorney PRESENTER: Ron Batty AGENDA ITEM: Discussion on Filling Council Vacancies Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: During the regular council meeting, the city council will be in the unique position of considering the resignation and vacancies of two seats and subsequent appointments for these vacancies. This workshop will outline information, guidelines and state statute to aid council in determining a method to make these appointments. Recommended Action: Discussion only. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Per Minn. Stat. 412.02, subd.2a, vacancies shall be filled by council appointment until the qualification of a successor. Background n/a Attachments 1. Memo from Ron Batty dated 12.21.18 2. Minn. Stat. 412.02, subd. 2a Workshop Packet Page Number 1 of 5 E1, Attachment 1 Ronald H. Batty 470 US Bank Plaza 200 South Sixth Street Kennedy Minneapolis MN 55402 & (612)337-9262 telephone (612)337-9310 fax rbatty@kennedy-graven.com Graven http://www.kennedy-graven.com C H AR T E R E D MEMORANDUM To: Maplewood City Council From: Ronald H. Batty, city attorney Date: December 21, 2018 Re: Filling City Council Vacancies City Manager Melinda Coleman asked me to comment on some of the legal aspects of filling the two upcoming vacancies on the Maplewood city council. We discussed some of these recently when the council voted to repeal city code section 2-43 concerning special elections to fill vacancies prior to the next general election. The issue has become slightly more complicated now that the council will experience two vacancies simultaneously. Council member Xiong was elected to the state legislature on November 6, 2018. He will be sworn in as a member of the legislature on January 7, 2019. Because serving in the legislature and on the city council are incompatible offices, he cannot hold both. Mr. Xiong has submitteda letter of resignation, effective January 7. By law, resignations are effective at 12:01 am on the date specified. Mayor Slawik was re-elected on November 6, 2018 for a term of office beginning on January 7, 2019. She has submitted a letter of resignation, also effective January 7. She has indicated as well that she does not intend to take the oath of office for another term as mayor.Instead, she intends to accept appointment as Chair of the Metropolitan Council. That, too, is an incompatible office and cannot be held at the same time as she serves as mayor. The city council is scheduled to hold its first meeting of the year on January 14, 2019.Because of the two resignations, the council at that time will consist of only the remaining three members. At that meeting the council should adopt a resolution declaring the two vacancies. The council should also decide how it wishes to fill those vacancies. 1 549875v1 RHB MA745-1 Workshop Packet Page Number 2 of 5 E1, Attachment 1 Minn. Stat. 412.02, subd. 2a provides that a vacancy in office “shall be filled by council appointment until an election is held as provided in this section.” The need for a special election will differ in filling these two vacancies because of differences in the length of the unexpired terms. In the case of Mr. Xiong’s seat, no special election is required because as of the time of the vacancy less than two years will remain in his term. An appointment may be made for the remainder of his term. The seat will thereafter be filled by whomever is elected in the general election of November, 2020, as would be the case in any event. Filling Mayor Slawik’s seat is different because more than two years will remain in the unexpired term. An appointment must be made but that person will serve only until a special election is held. The special election must be held no later than at the time of the next general election, which will be in November, 2020. Whomever is elected in the special election will serve the last two years of the mayor’s term. Until recently, the city had an ordinance which required a special election if an appointment was going to exceed six months. On November 26, 2018 the council voted to repeal that ordinance. The city now relies on state law, which provides that a special election must be held no later than at the time of the next general election. If the city wanted to have a special election at a different time, it would again need to adopt an ordinance specifying the circumstances under which it will hold a special election at another time. The statute specifies a limited number of alternate dates for such elections. In filling these vacancies, the council has complete discretion as to how it wishes to proceed and what process, if any, to employ. For example, the council could fill one or both of the vacancies on the night of January 14 without any formal process. Alternately, it could initiate a process that might involve soliciting applications or expressions of interest and whatever interview or screening process it desired. There is no legal obligation to appoint persons who ran in the recent or any other election. The office does not go to the runner up. The only legal criteria is to appoint someone eligible to hold the office. Filling a council seat will almost certainly involve the appointment of someone not currently on the council. Appointment of the vacancy in the office of mayor may or may not involve a person currently on the city council. Minn. Stat. 471.46 allows a council member to be appointed mayor “but in that case the member shall not vote in the appointment”. In other words, a council member cannot vote for himself or herself for mayor. A second reason a member cannot vote for himself or herself for mayor is that in Maplewood, like most cities, the mayor earns a higher salary than do the council members. Such a vote would involve a direct financial benefit and constitute a conflict of interest. Nomination of a current council member for mayor would leave the selection to the two remaining members and raises the possibility of a tie vote. Normally, the mayor (in this case, acting mayor) would be able to exercise one of the few unique powers of a mayor in a statutory city: the right to break a tie in the case of an appointment to fill a vacancy. In breaking a tie, the mayor may appoint anyone and is not restricted to selecting between the tied candidates. Anyone, that is, except himself or herself because of the statutory and conflict of interest reasons mentioned above. Because of the above possibility, some consideration should be given to the sequence of filling the vacancies. If the council seat is filled first, there would be another person involved in the 2 549875v1 RHB MA745-1 Workshop Packet Page Number 3 of 5 E1, Attachment 1 selection of the mayor and that would eliminate the possibility of a tie vote in the case of the selection of someone currently on the council. If there is a tie vote among the four members involving someone not on the council, the acting mayor could break that tie because he or she would not be the candidate and, again, could appoint anyone except himself or herself. If someone currently on the council is appointed mayor, he or she would give up the council seat and thus create yet another vacancy. That vacancy would be filled as specified above depending on the length of the member’s unexpired term. I realize there’s a lot here to absorb and these will be important decisions for the future of Maplewood. I will be happy to respond to any questions that you may have about anything I’ve mentioned or anything I’ve overlooked. I will also attend the work session on January 14 and be available when the council discusses how it wishes to proceed. 3 549875v1 RHB MA745-1 Workshop Packet Page Number 4 of 5 E1, Attachment 2 412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES Subd. 2a.Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before 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 need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Workshop Packet Page Number 5 of 5