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AN ORDINANCE AMENDING CHAPTER II, SECTION 4, OF THE DULUTH HOME RULE CHARTER, 1912, AS AMENDED, PERTAINING VACANCIES OF MAYOR AND COUNCILOR.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 4 of the city of Duluth Home Rule Charter, 1912, as amended, is hereby amended as follows:
Chapter II. Elective Officers
Section 4. Vacancies in office of mayor and councilor; acting mayor; interim mayor.
(A) The office of mayor or councilor shall be deemed vacant in case of failure to qualify within ten (10) days after election, or by reason of death, incapacity, resignation, removal from the city or the district except as in Section 2 provided, conviction of a felony, violation of any of the duties of office, which, by provisions of this Charter, render the office vacant, or continuous absence from the city for more than thirty (30) days, but if additional time is needed, leave may be granted by the city council for a longer absence.
(B) If any such vacancy occurs In the event of a councilor vacancy (other than by recall or resignation after recall petition is filed), the city council, by majority vote, shall without delay, within forty-five (45) days of said vacancy, appoint an eligible person to fill the same, who shall serve until the first Monday in January after the next municipal election occurring after there is sufficient time to give notice prescribed by law, and until a qualified successor is elected, when the office shall be filled by election for the unexpired term. If the city council vote to appoint an eligible person to fill a vacancy results in a deadlock, an eligible person will be chosen by coin toss.
(C) The mayor shall appoint by written designation an acting mayor from one of the councilors-at-large on the first Monday in January after each general municipal election, and at other times as determined by the mayor. The appointment of a councilor as acting mayor designee shall not be deemed to create a vacancy in the office of councilor-at-large, but while serving as acting mayor such councilor shall not perform city council duties and shall have the effect of reducing the membership of the city council by one (1) member. The compensation of the acting mayor shall be set by city council commensurate with the duties required of the acting mayor from time to time.
(D) In the case event of an absence of shorter duration than renders the office of mayor vacant, or in the event of disability a short term leave of the mayor of thirty (30) days or less, including but not limited to vacation, sick or other leave as permitted by law, the mayor's duties shall be filled by an acting mayor who shall be appointed by the mayor from the councilors-at-large after each general municipal election the city administrator, under the supervision of the mayor and subject to the direction of the mayor, shall exercise such powers and duties of mayor as delegated by the mayor.
(E) Should the mayor become incapacitated or be absent for more than ten (10) days without having appointed an In the event of a continuous absence of the mayor for a duration of more than thirty (30) days but less than ninety (90) days, the acting mayor designee the district councilors, by majority vote, shall appoint one of the councilors-at-large may serve as acting mayor for the duration of the mayor’s absence up to ninety (90) days. If the acting mayor designee is unable or unwilling to serve as acting mayor for the duration of the mayor’s absence, the city council shall appoint, without delay, an interim mayor as provided in this Section 4. The compensation of the acting mayor during the mayor’s absence or incapacity shall be set by the city council but shall not exceed councilor’s fee for service.
(F) The office of the mayor shall be deemed vacant in case of failure to qualify within ten (10) days after election, or by reason of death, incapacity, resignation, removal from the city, conviction of a felony, violation of any of the duties of office, which, by provisions of this Charter, render the office vacant, or continuous absence from the city for more than thirty (30) days, except as otherwise provided in this Section 4.
(G) In the event of incapacity of the mayor, the acting mayor designee shall serve for the duration of the mayor’s incapacity or until such time that the council appoints an interim mayor as provided in this Section 4, whichever occurs first. The mayor shall not be considered incapacitated within the meaning of this Charter unless such incapacity shall be determined by the council at a hearing held upon three (3) days’ notice to the mayor for the purpose of making such determination. The appointment of a councilor as acting mayor shall not be deemed to create a vacancy in the office of councilor-at-large, but while serving as acting mayor such councilor shall not perform city council duties.
(H) In the event of a vacancy in the role of the mayor (other than by recall or resignation after recall is filed), the city council shall appoint an eligible person to serve as interim mayor, who shall serve until the mayor returns or until the next municipal election occurring after there is sufficient time to give notice prescribed by law and until a qualified successor is elected, whichever is earlier. If the city council appoints a councilor to serve as interim mayor, such councilor shall resign and their office shall be deemed vacant. The compensation of the acting interim mayor during the absence or disability incapacity of the mayor shall be set by the city council in an amount commensurate with the duties required of the acting mayor from time to time as the salary of the mayor as provided in Section 5.
Section 2. That this ordinance was recommended by the city of Duluth Charter Commission and shall take effect 90 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance amends the Duluth City Charter pertaining to the vacancy of mayor and city councilor. This ordinance sets forth a framework for absences of the mayor, permitting the mayor to delegate duties to the city administrator for short absences (less than 30 days), designation of a councilor-at-large as an acting mayor for longer durations of absence (30 to 90 days), and in the event of mayor vacancy, council’s appointment of an interim mayor.
This ordinance was recommended for approval by the Duluth Charter Commission at a special meeting on July 15, 2026, and passed by a unanimous vote (6-0).