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Midterm Vacancy on City CouncilCity of Dubuque City Council Meeting Action Items # 2. Copyrighted January 3, 2022 ITEM TITLE: Midterm Vacancy on City Council SUMMARY: City Attorney providing the resolution that directs the Dubuque County Deputy Commission of Elections to initiate the special election process to fill the Ward Four vacancy. RESOLUTION Intent to fill a vacancy in the office of Fourth Ward City Council Member by Special Election SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions THE CITY OF DUB E Masterpiece on the Mississippi To: Mayor Brad M. Cavanagh and Members of the City Council FROM: Crenna Brumwell, City Attorney DATE: December 27, 2021 RE: Midterm Vacancy on City Council Dubuque MI-AmeNo 6iiy xsmxnrnx_ i rua,F 2007.2012*2013 2017*2019 The election of current Council Member Brad Cavanagh as Mayor creates a midterm vacancy on the City Council. Mid-term vacancies can, pursuant to Iowa Code 371.13(2), be filled by: 1) Appointment by the City Council, or 2) Special election The City Council chose to fill the vacancy by special election on December 6, 2021. Attached is the necessary resolution to direct the Dubuque County Deputy Commission of Elections to initiate the special election process. cc: Michael C. Van Milligen, City Manager Adrienne Breitfelder, City Clerk Jenny Hillary, Dubuque County Deputy Commission of Elections 1 Prepared by Crenna Brumwell Esq., 300 Main St., Ste 330 Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'^ St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 12-22 INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL MEMBER BY SPECIAL ELECTION Whereas, there is a vacancy in the Office of City Council Member for the Fourth Ward; and Whereas, Iowa Code §372.13(2)(b) allows the vacancy to be filled by a special election held to fill the office for the remaining balance of the unexpired term, which special election must be called by the City Council at the earliest practicable date; and Whereas, the City Council has elected to fill the vacancy in the Office of City Council Member for the Fourth Ward by a special election; and Whereas, the City Council must give the County Commissioner at least sixty days' written notice of the date chosen for the special election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City council hereby elects to fill the vacancy in the Office of City Council Member for the Fourth Ward by a special election. Section 2. The County Commissioner is requested to hold a special election in accordance with state law at the earliest possible date to fill the vacancy in the Office of City Council Memberforthe Fourth Ward for the remaining balance of the unexpired term. Section 3. The City Clerk is directed to provide a copy of this resolution to the County Commissioner. Passed, approved and adopted this 3rd day of January, 2022. Brad M. Cavgriagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk