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Back to the Sep-Oct 2025 issue

What Is the Process for Filling a Council Vacancy?

Filling Vacancies

Q: What is the process for filling a council vacancy?

LMC: City council seats may become vacant for a variety of reasons, but once vacant, the seat must be filled as soon as possible. Here’s an overview of the process:

  • Upon notification of vacancy, the remaining council members must pass a resolution to declare the seat vacant.
  • Once declared, the council must consider interested and qualified residents and appoint an eligible person to fill the vacancy. Cities may advertise the opening, require an application, or request letters of interest. However, appointments may also be made informally based on individuals the council already knows to be interested in the position. If the council (or a quorum or committee of the council) conducts the interviews, the Open Meeting Law applies.
  • Most vacancies are filled by appointment until the next regular city election. A special election is required if the city has an ordinance mandating it, or if more than two years remain in the term and the vacancy occurs before the filing period opened for the next council election begins.

Learn more in the Filling a Council Vacancy online course in MemberLearn at lmc.org/council-vacancy-course. Model resolutions are available at lmc.org/specialelections.

Answered by Law Clerk Tara Niebeling: [email protected].

Employee Benefits

Q: Minnesota Paid Leave starts Jan. 1, 2026. What can our city do now to prepare?

LMC: To help your city get ready for Minnesota Paid Leave, here are five steps you can take now:

  • Submit quarterly wage detail reports. Wage reporting started October 2024. If you have not done so already, submit your city’s wage detail report through Minnesota Unemployment Insurance. Learn more at bit.ly/MN-reporting-wages.
  • Review your city budget and determine premium cost sharing. For nonunion employees, cities must pay at least 50% of the total premium and may deduct the remainder from employee wages. For union-represented employees, many labor experts indicate cities must negotiate a 50-50 employer-employee premium split. Use the state’s premium calculator tool at bit.ly/DEED-premium-calculator to help estimate premium costs.
  • Evaluate options for city leave policies. Determine whether to allow employees to supplement Minnesota Paid Leave benefits with city-provided leave. Remember, cities cannot require employees to exhaust city leave before applying for paid leave benefits, nor can they require employees “top off” paid leave benefits with city leave.
  • Develop a plan for communicating Minnesota Paid Leave to employees. The Minnesota Department of Employment and Economic Development (DEED) will provide a model employee notice of rights. Cities must share this notice with employees by Dec. 1, 2025.
  • Stay informed. Visit the Minnesota Paid Leave website and League’s paid leave FAQ page for updates and resources at mn.gov/deed/paidleave and lmc.org/paidleave-FAQs.

Answered by HR Member Consultant Elise Heifort: [email protected].

Loss Control

Q: Are near misses important to track?

LMC: Yes, tracking near misses is an essential part of injury prevention and safety awareness. A near miss is an unplanned event that could have resulted in injury, illness, or property damage, but did not. These close-call incidents are valuable when looking at trends.

For example, imagine a week goes by where multiple employees slip on an icy parking lot but are not injured, yet none of the incidents are reported. Then, one employee falls and sustains a serious injury. Had the earlier near misses been reported, the hazard may have been addressed and the injury prevented.

Tracking near misses allows cities to identify and resolve safety concerns before they lead to more serious incidents. It also promotes a proactive safety culture by demonstrating the city’s commitment to taking action before someone gets hurt. Near misses serve as an early warning system.

The League of Minnesota Cities Insurance Trust’s loss control field consultants can work with your city to identify trends and implement preventive measures based on near-miss data. Reach out to your loss control consultant for more information, or contact Loss Control Field Manager Kate Connell at [email protected] to get your consultant’s contact information.

Answered by Loss Control Field Manager Kate Connell: [email protected].

Your LMC Resource

Minnesota Cities magazine is published bimonthly by the League of Minnesota Cities.

For editorial questions:
Contact Rachel Kats
Publications & Web Editor
(651) 215-4032
[email protected]