City Council Vacancy
Questions from Residents
John answers a question he is hearing about what would happen to his current City Council seat if he is elected Mayor.
You Asked. John Answers.
Who would fill John's Council seat?
John explains the process that would apply to his current City Council seat if he is elected Mayor.
City Council Vacancy
If you are elected Mayor, do you get to choose your replacement on the City Council?
John's AnswerI am hearing from residents that they are being told that if I am elected Mayor, I will choose my own replacement on the City Council. That is not true.
If I am elected Mayor, my current City Council seat would become vacant when I assume the office of Mayor. Under Minnesota law, the vacancy would be filled by appointment by the City Council. Because less than two years would remain in my current Council term, a special election is not required. The person appointed by the Council would serve the remainder of the unexpired term.
Only if the City Council is tied on whom to appoint would the Mayor make the appointment.
Source
Minnesota law governing City Council vacancies
Minnesota Statutes, section 412.02, subdivision 2a, governs how vacancies in statutory city offices are filled.