Sec. 2.01. Elective officials.
There shall be a mayor elected by the voters of the city at large, and seven (7) councilmembers, each elected from a council district as provided herein, and such judges and other officials as are provided by statute and elected as provided therein.
Editor's note--Section 2.01 amended by Ord. No. 16363, C.F. 269922, adopted by the city council Nov. 8, 1977, pursuant to Minnesota Statutes, Sec. 410.12, abolishing office of constable for the sixth ward and at large. Section 2.01 further amended, election Nov. 4, 1980; see Resolution, C.F. 275919 and Note 1 following this chapter; further amended by Ord. No. 17412, see Note 4 following this chapter.
Sec. 2.01.1. Councilmembers.
The office of city councilmember shall be a part-time elective position effective the first business day of January 1994.
(C.F. 91-1645, 9-19-91)
Sec. 2.02. Terms.
The mayor shall hold office for a term of four (4) years and each councilmember shall hold office for a term of four (4) years commencing on the first business day of January of the year following their election and until a successor is elected and qualifies.
Note--Amended, see notes 2 and 4 following this chapter.
Sec. 2.02.1.
The term of office for the mayor and each councilmember elected at the 1982 spring election shall expire on the first business day of January, 1984.
Note--Amended, see notes 2 and 4 following this chapter.
Sec. 2.03. Time devoted to duties.
No employee or officer of the city shall, during the hours of employment, perform any service or do any work except for the city, and shall, during such hours, devote all efforts and time to said city.
(Ord. No. 17665, § 1, 6-29-89)
Sec. 2.04. Vacancy.
An elective office becomes vacant when the incumbent dies, resigns by a writing filed with the city clerk, is convicted of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction, or when a councilmember ceases to reside within the council district from which elected.
Editor's note--Section 2.04 amended, election Nov. 4, 1980; see Resolution, C.F. 275919 and Note 1 following this chapter; further amended, see Note 4 following this chapter.
Sec. 2.05. Filling vacancies.
(A) Interim appointee. The council may within thirty (30) days of a council vacancy elect a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the council vacancy occurs after the last day for the filing of affidavits of candidacy for United States Representative. If a tie vote occurs in the filling of a vacancy in the office of councilman, the mayor shall break the tie.
In the event that the council does not fill the council vacancy within thirty (30) days, the mayor shall within ten (10) days thereafter appoint a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the vacancy occurs after the last day for the filing of affidavits of candidacy for United States Representative.
If a vacancy occurs in the office of mayor, the council shall within thirty (30) days elect a qualified voter of the city to fill the vacancy as an interim appointee until such time as a successor is elected as set forth below or for the remainder of the unexpired term if the vacancy occurs on or after July 1 of the third year of the mayoral term.
(B) Elected successor. If a council vacancy occurs on or before the last day for the filing of affidavits of candidacy to be a United States Representative, the vacancy shall be filled at the next statewide general election, being the first Tuesday after the first Monday in November of even-numbered years.
Affidavits of candidacy for said vacancy shall be filed with the city clerk within fourteen (14) days of the last day for the filing of affidavits of candidacy for United States Representative. In the event that more than two (2) persons file for the vacancy, a primary election shall be held on the first Tuesday after the second Monday in September of said even-numbered year.
If a vacancy in the office of mayor occurs before July 1 of the third year of the mayoral term, the vacancy shall be filled at the next general election being the first Tuesday after the first Monday in November, unless the next general election occurs more than one hundred eighty (180) days after the vacancy is created, in which case, the council shall call a special election for the purpose of filling the vacancy. The successful candidate's term shall commence upon the council's canvass of the election results and upon expiration of the time to contest the election or, if notice of contest is filed, upon final disposition of the contest.
Affidavits of candidacy for said vacancy shall be filed with the city clerk in accordance with the provisions of Charter Section 7.04. In the event that more than two (2) persons file for the vacancy, a primary election shall be held on the first Tuesday after the second Monday in September, unless the vacancy is to be filled at a special election, in which case the primary election shall be at least sixty (60) days before the special election.
Note--Amended, see Note 2 following this chapter; further amended by Ord. No. 17340, C.F. 86-321, adopted by the city council April 10, 1986, pursuant to Minnesota Statutes, Section 410.12.
Sec. 2.06. Judge of qualifications.
The council shall judge the qualifications of the mayor and of its own members to take office, and shall be the judge of the election returns.
Sec. 2.07. Compensation.
The annual salaries of the mayor shall be fifteen thousand two hundred dollars ($15,200.00), and of each councilmember fourteen thousand dollars ($14,000.00), payable in installments as the council shall direct.
Note--See Notes 3 and 4 below.
| NOTE 1: | Charter adopted and approved by voters November 3, 1970, effective June 6, 1972, originally provided for election of councilmembers at large. An alley system for city council elections authorized--see Section 2 of Chapter 691, Laws of Minnesota for 1973 and C.F. 262641, adopted November 29, 1973. Charter amendment to provide for election of council from districts submitted to voters at election November 4, 1980, and approved. See C.F. 275919, adopted November 13, 1980. |
| NOTE 2: | Charter amendment to provide for changing the time of city elections submitted to voters at election November 4, 1980, and approved. See Resolution, C.F. 275920, adopted November 13, 1980. Effective dates as follows: Section 2.02.1 and Section 2.05 effective on passage. Section 2.02, Section 7.01 and Section 7.05 effective January 1, 1983. |
| Charter amendment to provide for changing the term of the office of the mayor from two (2) to four (4) years submitted to voters at election November 6, 1984, and approved. See Resolution, C.F. 84-1540, adopted November 13, 1984. | |
| Charter amendment to provide for changing the term of the councilmembers from two (2) to four (4) years submitted to voters at election November 3, 1998, and approved. See Resolution, C.F. 98-851, adopted September 16, 1998. | |
| NOTE 3: | Council authorized to fix own salaries. See Section 4 of Chapter 691, Laws of Minnesota for 1973, approved by Resolution, C.F. 261409, adopted June 6, 1973 and Chapter 32 of the St. Paul Administrative Code. |
| NOTE 4: | "Councilperson" or "councilpersons" changed to "councilmember" or "councilmembers." See Ord. No. 17412, adopted April 10, 1986. |
Sec. 2.07.1. Councilmember compensation.
Notwithstanding any previous state legislation or city ordinance to the contrary, the annual salary of each councilmember shall be $30,000.00 plus benefits. This section shall become effective the first business day of January, 1994.
(C.F. 91-1645, 9-19-91)