City Council Meeting Date: July 22, 2025
To: Mayor and City Council
From: Ben Martig, City Administrator
Title
Consider Resolution Receiving Charter Amendment to Section 3.5 of the City Charter and Calling for a Public Hearing on Charter Amendment Proposed to be Adopted by Ordinance.
Body
Action Requested:
The Northfield City Council is asked to consider the attached resolution receiving the Charter Commission’s proposed amendment as submitted and calling for a public hearing.
Summary Report:
The Northfield Charter Commission adopted the attached proposed changes to Northfield Charter Section 3.5 at their May 8, 2025 meeting and reaffirmed at their July 10, 2025 meeting. Charter Commission Chair Lance Heisler submitted the amendment to the City Administrator via email on July 14, 2025. Heisler requested that staff initiate the posting, publication requirements for consideration of this ordinance and put it on the City Council agenda.
The Charter Commission began reviewing section 3.5 at their November 10, 2022 meeting. The issue in review was how section 3.5 addressed the timing of a vacancy on the City Council. The current wording of section 3.5 may cause confusion regarding the process as it relates to filling vacancies on the City Council in a year in which a regular election for one or more city council seats is pending. This issue came to light after the 2022 resignation of a former Council Member when staff realized that only a few days difference in the resignation notification from that Council Member could have drastic differences in how the vacancy was handled.
A Charter Commission Committee was formed to gather data and history of this section and develop a recommendation for clearer language. The Charter Commission previously sent proposed changes to the City Council on November 24, 2023. However, after discussion with the Council during that meeting and in subsequent meetings with a committee comprised of members of the City Council, Charter Commission, and staff, the Charter Commission withdrew the request so they could further review and discuss their recommendations.
A recommended language change was brought forward from the Committee for consideration of the full Charter Commission on May 8, 2025 with the Charter Commission reaffirming the action at their July 10, 2025 meeting. This language change was approved and forwarded to the Council for their consideration.
The current statutory process to fill vacancies in elected office provides as follows:
Minnesota Statutes, Section 412.02, 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.
All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.
Subd. 2b. Inability or refusal to serve.
A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder.
As a Charter City, the Charter can differ from the above state statutory process. To the extent that the Charter is silent on a subject, the statute would apply. A copy of this full statute and a copy of Minnesota Statute 351.01 and 351.02 are also attached for reference regarding Resignations and Vacancies.
Charter amendments require a unanimous vote of all seven members of the City Council to pass.
Alternative Options:
The City Council must formally act on the recommendation per state statutes. Therefore, the resolution and timing of the hearing is ultimately required for this meeting. The timeline on action in the future could be amended if we have attendance issues for a unanimous vote consideration.
Financial Impacts:
The cost of a special election is estimated between $40,000 and $60,000 depending upon if a primary is needed. This amendment should help prevent the need for a special election should a vacancy occur.
Tentative Timelines:
Please see attachment #10 for proposed timelines. The timeline was developed based on the existing meeting schedule. The schedule would need to be amended if any members were absent from a meeting where action is proposed, since unanimous (7-0) approval of the City Council is required for both the first and second reading.