To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager
Title
Discussion/Direction: District 1 Town Councilmember Vacancy
Body
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Executive Summary
As Council knows, Councilmember Jess Loban (District 1) advised Town Council at the meeting of July 21, 2020 that he was resigning his Council position effective August 31, 2020. At the meeting of July 21, Council directed that this issue of the vacant Council position be placed on the next Council agenda and the item is scheduled as a public hearing item for the Council August 18, 2020 meeting.
Town Charter
The relevant portion of the Town Charter governing vacancies is provided below:
Section 2-6. - Vacancies.
(a) A Councilmember or Mayor shall continue to hold office until a successor has been elected or appointed as provided in this Charter and has complied with Section 2-7. A vacancy in the office of Councilmember or Mayor exists when the Councilmember or Mayor is recalled, dies, is judicially declared incompetent, resigns, ceases to be a resident of the Town, ceases to be a resident of the district from which elected or appointed except as provided in Section 4-5(c), or is convicted of a felony.
(b) Within thirty days after a vacancy occurs, the Council shall appoint a person to fill the vacancy until the next regular election. At that election a successor shall be elected for the unexpired term, if any, of the vacant position. The person appointed shall serve until the successor is elected and has complied with Section 2-7. The appointment shall be by majority vote of all remaining members of the Council. The Council shall not be required to appoint a person to fill a vacancy if the next regular election will be held within ninety days after the vacancy occurs.
(Amended by Ord. No. 2017-024, 8-15-2017, passed at election 11-7-2017)
Discussion/Direction
The District 1 Council position is up for election on November 3, 2020, and the elected Councilmember will assume the office at the December 1, 2020 Town Council meeting. (The Town tradition is that the new Councilmembers will be sworn-in after the existing Council conducts any remaining routine business at the December 1, 2020 meeting, and the new Council will then be seated, will select a Mayor Pro Tem, and conduct any agenda business otherwise scheduled for that meeting.) Pursuant to Town Charter the District 1 position is not required to be filled by the Council because of the timing of the November 3 election.
Neither Town Charter nor Town Code provide a further process for the selection of a new councilmember upon a vacancy. In some communities, this situation provides a governing body an opportunity to advertise, receive applications, conduct interviews, and make a selection. However, this process or any other process is not required by law.
Town Council may either proceed to fill the position, initiate a process for applicants, or do nothing for the position at this time.