Agenda - Charter Commission - 09/19/2013

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mayor or councilmember shall be appointed or employed by the city in a compensated position which was created, or the compensation for which was increased, during his/her term as mayor or councilmember. Section 2.5 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in the case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the city clerk, removal from office, non- residence in the city, conviction of a felony of any such person after his/her election, or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months. In each such case, the council shall publicly declare by resolution, the vacancy to exist within fifteen (15) days of its occurrence and such vacancy shall be filled according to the provisions of Section 4.5. Outcome /Direction from April 19, 2012 Meeting: The Charter Commission approved a motion that the City Attorney draft an ordinance amending 2.5 to clarify the clause referring to non - residency in the City to include language relating to non- residency in the ward as well. The Charter Commission approved a motion that the City Attorney draft an ordinance to delete 2.3.3 and rewrite the last sentence of 2.3.1 to make it easier to understand what years different wards are elected without having to do the math. Note: The City has a new City Attorney, Joe Langel, as of July 1, 2013, and he will prepare the amendments for the Charter Commission's consideration at the next regular meeting. Given that both the attorney and some of the Charter Members are new, staff is requesting that the Commission review the past direction and clarify the intent of the proposed amendments for the City Attorney. 2) Attorney Goodrich suggested Section 4.5 could be reviewed at the same time. That section reads as follows: Section 4.5 Vacancy of Municipal Elected Office 4.5.1 When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 4.5.2 The city clerk shall give at least sixty days published prior notice of such special election, except as set forth under 4.5.5 of this Section. 4.5.3 The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this charter. 4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired term, the council shall, by a majority vote, appoint a successor to serve for the remainder of said term. In the case of a tie vote of the council, the mayor, or acting mayor if the office of mayor be vacant, shall make the appointment from the candidates involved in the tie vote. 4.5.5 Office Vacancy when less than eight weeks prior to primary election. 4.5.5.1 Special Election. When a vacancy in an elected office of the city occurs when there is less than eight weeks prior to a primary election there shall be no primary election, except as provided in Section 4.5.5.3 below. The special election to fill the vacancy shall coincide with the Regular Municipal Election and the notice of such vacancy shall be published as soon as is practicable.