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<br />4.5.5 is more a housekeeping issue; it's a tough section to read. In a rare case there could be a <br />vacancy 120 days before a regular election - then an election for that vacancy would be held <br />along with the regular election. If there is a vacancy within 60 days prior to a regular election, <br />the notice of the vacancy will be published as soon as possible. However, if the vacancy occurs <br />in the office of either of the other Councilmembers, the seat shall be filled by the candidate with <br />the third highest vote total. <br /> <br />Commissioner Deemer suggested to make it consistent, maybe 120 days should be amended to <br />read "after closing the filing for election" rather than the highest number. <br /> <br />Attorney Goodrich stated that prior to the City establishing the primary system, if there is a <br />vacancy within 120 days we do not have an election. If the vacancy is within 120 days, the <br />people who have filed and are up for election in November - the top three vote getters would win <br />and the others would come in fourth and fifth positions, etc. They would fill that seat at large. <br />However, this has to be changed with the primary system <br /> <br />Discussion ensued. <br /> <br />Attorney Goodrich inquired what the Charter Commission thought about that whole concept. <br />Should we carve out something special for the 120 days? <br /> <br />Commissioner Deemer stated that the last day of filing is the last day someone could show <br />interest. <br /> <br />Attorney Goodrich stated that if a vacancy occurs after the last day for filing with the Municipal <br />Clerk - shall Council appoint a person to fill that vacancy? <br /> <br />Commissioner Cleveland stated it should stay vacant. Commissioner Simenson stated it should <br />stay vacant. <br /> <br />Attorney Goodrich asked if that is fair to deny a ward representation for that long a time. <br /> <br />Commissioner Simenson stated that would fall into that 365 day pool. The biggest concern is <br />not having anyone running for that position. <br /> <br />Attorney Goodrich stated wouldn't it be best to have the City Council appoint someone and then <br />set a special election in November and that position voted at the November election would take <br />over in January. That way the ward has had representation the entire time. <br /> <br />Commissioner Cleveland added that we would have to figure out a way for that person to get on <br />the November ballot. <br /> <br />Commissioner Deemer inquired who authored the last amendment to the Charter in Chapter 410 <br />that took out the two, four-year term limits. Staff offered to try to find the information and bring <br />it to the next meeting. <br /> <br />Charter CommissionlNovember 15, 2007 <br />Page 4 of6 <br />