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H2. 2024 appointments in seats for Ward 1 and 2 City of Kalispell st 201 1 Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Tentative- Appointment to vacated seats in Wards 1 and 2 MEETING DATE: March 4, 2024 BACKGROUND: If the previous agenda item on March 4 is acted upon, there will now be vacancies in Council seats in Wards 1 and 2, subject to the February 16 ruling from District Court that set aside the elections for Ward 1 and Ward 2 of the City of Kalispell municipal election. If we received clarification from the Court of the County Attorneys office that these seats remain occupied by the current council members until the next election is held, action to fill these seats is unnecessary. Assuming we do have vacancies, in accordance with State Law, the City Council has 30 days to appoint replacements to these seats: 7-4-4112. Filling of vacancy. (1) When a vacancy occurs in any elective office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to the unexpired term of the person who originally created the vacancy. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified. There is no prescribed methodology for the filling of these seats. It is up to Council discretion. RECOMMENDATION: If applicable, it is recommended that Council move forward with appointments to fill the vacant seats in Wards 1 and 2 until successors are elected and qualified.