HomeMy WebLinkAbout2012-059 Declare Council Vacancy, Appt KindsethState of Minnesota County of Rice CITY OF FAMBAULT RESOLUTION # 2012 -059 DECLARING A COUNCIL VACANCY, AUTHORIZING AN ELECTION AND APPOINTING GARY KINDSETH AS A COUNCIL MEMBER OF THE CITY OF FARIBAULT TO FILL THE UNEXPIRED TERM OF ROGER JOHNSON WHEREAS, Roger Johnson was elected to the office of City Council for the City of Faribault, Minnesota, on November 2, 2010; and WHEREAS, said office has a four -year term that began January 1, 2011 and runs through December 31, 2014; and WHEREAS, Roger Johnson submitted a letter of resignation effective March 27, 2012, attached hereto as Exhibit A, thereby vacating his City Council seat; and WHEREAS, Faribault City Charter Section 2.05 states that when a vacancy in an elected office of the City 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 of the office, a special election shall be held at 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; and WHEREAS, in the City Council office to be declared vacant, more than two years remain in the unexpired term of the vacated office; and WHEREAS, the City Council desires to fill the vacated office by council appointment until the next regular city election; and WHEREAS, the Joint Committee of the City Council at its meeting of April 3, 2012 reviewed the vacancy, the City Charter requirements for a special election and options for appointing an individual to fill the vacant City Council seat. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Faribault, Minnesota (the "City Council ") that the above - referenced recitals are incorporated herein to this Resolution. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that effective March 27, 2012, the City Council declares a vacancy to exist in the office of the City Council by virtue of Roger Johnson's resignation submitted in writing to the City. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City Council appoints Gary Kindseth to serve the remainder of the unexpired term of Roger Johnson for the term of April 10, 2012 through December 31, 2012, until the qualification 4013320 SJR FA105 -5 1 of a successor elected at a special election to fill the remaining unexpired two years for the term. NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council announces to the public that a special election will be held on November 6, 2012 to fill the remaining two -year term of the City Council seat referenced herein. Filing for the City Council seat will be open from May 22, 2012 to June 5, 2012. NOW, THEREFORE, BE IT FINALLY RESOLVED by the City Council that City staff and consultants are hereby directed to take all appropriate action and to prepare any appropriate documents to facilitate the directives of the City Council as provided in this Resolution. Adopted: April 10, 2012. ATTEST: Charles S. Whiting, ity Ad inistrator 401332v3 SJR FA105 -5 2 EXHIBIT A ROGER JOHNSON RESIGNATION LETTER Today, March 27, 2012 f am resigning from the Farlbault City Council. I would like to thank the Farlbault community for the opportunity to have served you as a city council member. City Administrator, Mr, Whiting, Mayor, and council members, I have enjoyed working with each of you and wish you well on the continued leadership of the City of Farlbault. Sincerely, ZJ y, g(JiK� nson 401332v3 SJR FA105 -5 A -1