AN ORDINANCE AMENDING THE WHITE BEAR LAKE CITY CHARTER PURSUANT TO MINNESOTA STATUTES, SECTION 410.12 REGARDING ELECTIONS TIMING

Ordinance/Resolution ID
26-03-2084
Ordinance/Resolution Status
Adopted
Adopted Date
Introduction Date
Public Hearing Date
Details

The Council of the City of White Bear Lake does ordain as follows:

Article I.  Background; findings; authority.

1.01. The city of White Bear Lake (“City”) is governed by a home rule charter (the “City Charter”), adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, chapter 410 (the “Act”).

1.02. The White Bear Lake Charter Commission has proposed the adoption of an amendment to Chapter IV of the City Charter (the “Amendment”) and recommended to the City Council that the Amendment be adopted by ordinance in the manner prescribed by section 410.12, subdivision 7 of the Act.

1.03. A public hearing on the Amendment was held on March 10, 2026 by the White Bear Lake City Council after published notice containing the text of the Amendment, as required by the Act, and all persons desiring to be heard with reference to the Amendment were heard at said public hearing.

1.04. The White Bear Lake City Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted.

ARTICLE I.  Chapter IV of the White Bear Lake City Charter is hereby amended as follows:

Sect. 4.04. Mayor – Vacancy of Office. When the office of Mayor becomes vacant, the Council shall appoint, by majority vote, a qualified person as Mayor if the remaining term of office is less than six (6) months. Notice of the vacancy shall be published by the City Clerk in the official newspaper one week prior to the meeting for the appointment. The appointed Mayor shall exercise all the powers and perform all the duties of Mayor until a Mayor is elected at the next municipal general election. The office of Mayoral vacancy shall be filled by a special municipal election when the remaining term of office is six (6) months or greater. The City Council shall declare the vacancy by resolution. The City Clerk shall, within fifteen (15) days of the vacancy, give legal notice in the official newspaper of the vacancy with dates for filing and the date(s) of the special municipal election(s). The period for filing for the vacancy shall be ten (10) calendar days from (including) the date of the legal notice. The special municipal election shall occur within fifteen (15) to twenty (20) days after the close of filing. If two (2) or fewer candidates file for the vacancy, then the City Council shall call the special election at the next uniform election date specified in Minnesota Statute 205.10, subd. 3a, as it may be amended from time to time (“Uniform Election Date”), for which all legal requirements for special elections can be met by the City. If more than two (2) candidates have filed for the vacancy, the City Council shall call a special primary for the next Uniform Election Date for which all legal requirements for special elections can be met by the City and the special election for the Uniform Election Date subsequent to the special primary for which all legal requirements for the special elections can be met by the City. the first election date shall be considered the primary municipal election with the general municipal election date occurring fourteen (14) days later. When two (2) or fewer candidates have filed for the vacancy, the general municipal election shall occur on the first election date. (Ref. Ord. 93-08-898, 8/24/1993; Ord. 23-06-2062, 6/27/2023)

Sect. 4.12. Council – Meetings and Procedures. The Council shall make its rules of procedure and shall be the judge of the qualifications and election of its members and of the grounds for forfeiture of their offices, and for this purpose shall have the power to subpoena witnesses, administer oaths, and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in the official newspaper at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts. Council vacancies shall be filled by appointment when the remaining term of office is less than six (6) months. The appointment shall be by majority vote of the Council. Notice of the vacancy shall be published by the City Clerk in the official newspaper one week prior to the meeting for the appointment. Council vacancies shall be filled by special municipal election when the remaining term of office is six (6) months or greater. The City Council shall declare the vacancy by resolution.   The City Clerk shall, within fifteen (15) days of the resolution declaring the vacancy, give legal notice in the official newspaper of the vacancy, with dates for filing and the date(s) of the special municipal election(s). The period for filing for the vacancy shall be ten (10) calendar days from (including) the date of the legal notice. The special municipal election shall occur within fifteen (15) to twenty (20) days after the close of filing. If two (2) or fewer candidates file for the vacancy, then the City Council shall call the special election at the next uniform election date specified in Minnesota Statute 205.10, subd. 3a, as it may be amended from time to time (“Uniform Election Date”), for which all legal requirements for special elections can be met by the City. If more than two (2) candidates have filed for the vacancy, the City Council shall call a special primary for the next Uniform Election Date for which all legal requirements for special elections can be met by the City and the special election for the Uniform Election Date subsequent to the special primary for which all legal requirements for the special elections can be met by the City. the first election date shall be considered the primary municipal election with general municipal election date occurring fourteen (14) days later. When two (2) or fewer candidates have filed for the vacancy, the general municipal election shall occur on the first election date.

Article II. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by fifty-one percent (51%) of the voters voting on the question of its adoption at an election called by the Council for that purpose.

Article III. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Ramsey County Recorder, and the City Clerk’s office together with the certificate required by section 410.11 of the Act.

Adopted by the City Council of the City of White Bear Lake, Minnesota on the 24th day of March 2026.