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<br />J <br />, <br />; <br />J <br />J <br />J <br />I <br />i <br />lH, <br />~d <br />r <br />] <br />J <br />J <br /> <br />1 <br />,.,J, <br />,H:', <br /> <br />~-j" <br />.' . <br />fl.l <br /> <br />"1.', <br />iuf' <br /> <br />,. , <br /> <br />-1' <br />! <br />,[J: , <br /> <br />l <br /> <br />[oj <br /> <br />"I <br />, <br />;Wl <br /> <br />'I <br /> <br />1 <br />iUi, <br /> <br />" <br /> <br />;[4 <br /> <br />,4 <br /> <br />,l.l <br /> <br />:1) <br /> <br />special electIon to fill the vacancy, to be held not sooner than ninety days and not later <br />than 120 daY$ following the occurrence of the vacancy, and to be otherwise governed by <br />law. Notwithstanding the requirement in ~ 2.11 (0), if at any time the membership of. the <br />council is reduced to less than , the remaining members may by majority action <br />appoint additional members to raise the membership to <br /> <br />Commentary. <br /> <br />The section specilies the events or conditions, which create a vacancy, the grounds for torfeiture of <br />office, and the mariner by which the council shall till vacancies. <br /> <br />Subsection (b)(3) requires forfeiture of office for crimes involving "moral turpitude." This is a legal <br />standard that in most jurisdictions means the crime - felony or misdemeanor - violates community <br />standards of morality and'involves an element of knowing intent by the perpetrator. Court findings <br />include In re Flannery; 334 Or. 224 (2002) (misrepresenting address in renewing driver license to <br />obtain valid license to rent a car was not a crime involving moral turpitude); Klontz v. Ashcroft, 37 <br />Fed, Appx. 259 (9th Cir. 2002) (petty theft and grand theft are both crimes o.f moral turpitude); <br />Antorietto v. Regents of the University of Caiij()rrzicz, 2002 WL 1265552 (Ca.-1.App. 4 Dist. June 7, <br />2002) (misuse of university funds and fraudulent diversion of donor funds intended for the <br />university are crimes that involve moral turpitude). Another approach focuses on felonies, as in <br />Kansas City's charter, which reads: liNo member of the council shall, dLlrinS the term tor which he. <br />is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of <br />the United States or of any state. even if Stlbseqwm.tly followed by the suspended imposition of the <br />sentence. " <br /> <br />The council shall temporarily fin vacancies until the next regular election, when the voters will fill <br />such vacancies for the remainder of the term (unless that election occurs within sixty days of the <br />vacancy, in which case the candidates would have insufficient time to file). The provision cans for a <br />special election if the council fails to fill a vacancy within thirty days. This provision should insure <br />that the council will act, but in the event of a deadlock a special election will resolve the situation. <br /> <br />Finally, the section provides for filling vacancies by council action even if the membership falls <br />below the quorum otherwise required for council action by S 2.11(c). <br /> <br />l5 <br /> <br />P9 <br />