Agenda - Council - 02/12/1979 - Laserfiche WebLink

Home

possible. It is generally unwise to postpone an ap- pointment, particularly if the vacancy is on the council. The following paragraphs discuss the existence of vacancies and describe the procedures used in filling them. The rule thatcouncilme'mbersarein- eligible for appointment to vacancies in certain other elective offices is explained in the concluding paragraph.. When an office entailing responsibility for hand- ling city funds becomes vacant, the council must have an examinalion made of the retiring officer's accounts, tf any shortage or irregularity is found, the retiring officer and the sureties on his bond (the insurance company which underwrites the official bond covering the officer) must immediately be notified of the amount of the shortage or irregu- larity. Such a statement must be in writing and must be served upon the officer and his sureties by mail, addressed to their residences if known. Existence o fa Vacancy Since the council must fill vacancies in elective offices, it must also determine whether or not a vacancy exists. This depends upon the facts in each individual case. After investigating such facts, the council must pass a resolution stating them and declaring the existence of a vacancy. of the 1. Vacancies in an elective office may occur for any following reasons: Death. The vacancy exists as of the date of death unless the elected officer has not yet begun his term of office in which case the vacancy exists from the date his term would have started. an official bond or to deposit such oath or bond within the time prescribed by law, or (3) an indication of an intent not lo qualify. Such a vacancy is not automatic; a newly elected official may.qualify at any time prior to action by the council declaring the office vacant. The topic of qualifying for office is discussed further in Section D of this chapter. Abandonment. Whether or not an abandon- ment actually occurs is difficult to determine because the intent of the officeholder is the controlling factor. The attorney general, while carefully cautioning that this is a ques- tion of fact, has indicated that failure to par- ticipate in the activities of the council for a period of three months is sufficient grounds for declaring an abandonment of office.26 Qualifying for a second or incompatible city office. Incompatible offices are any public offices which an individual may not hold simultaneously. (See Section E of this Chap- ter.) Resignation. Removd (see previous discussion). Termination of city residency. Residence is a matter of fact which the council must de- termine in each case. Voting in the city is only one indication of residence; intent and availability to perform official duties are ad- ditional criteria. A member of the council becomes a non-resident when the property on which he lives is detached from the city. Failure.to qualify for office. Failure to qual- ify may consist of (1) refusal or neglect to take oath of office, (2) failure to give or renew Termination of elected term. Generally, of course, the vacancy occurring at the conclu- sion of an incumbent's term of office is filled immediately by the qualification of his suc- cessor. If no one has been elected, the office is filled by the incumbent until a successor is appointed and qualifies. This situation may arise when a newly elected officer fails to qualify, refuses to qualify, dies, or moves a. way before qualifying. It may also occur'if no successor is elected or if the election of a successor has been declared void. In these situations, the council should fill the vacancy as soon as the term of the former officehol- der has officially ended. The recall of an elective officer to active duty in the military service of the United States does not, in the absence of other circumstances; create a vacancy in a person's office.27 Filling Vacancies2 8 Vacancies in city elective offices are filled by ap- pointment of the council for the unexpired portion of the term. The council fills vacancies by passing a resolution naming the appointee and the office to which he is bein~appointed. A special election may not be heldfiJ Such a resolution must be passed by majority of the council voting on the question when a quorum is present. Any Person 1976