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Home My WebLink AboutA016 - Emails dated November, 2002 - Filling Fourth Ward Vacancy John R Klaus To: Diane R Voss/COA@COA cc: 11/06/2002 10:34 AM Subject: Procedure To Fill Fourth Ward Vacancy ----- Forwarded by John R Klaus/COA on 11/06/02 10:34 AM ----- John R Klaus To: crosswind@mchsi.com, st.goodhue@isunet.net, hcgbach@isunet.net, -_ judiehoffman@yahoo.com, sharonwirth@yahoo.com, 11/06/02 10:21 AM dvegge@sauer-danfoss.com, TedJoanie@aol.com, sschainker@city.ames.ia.us cc: billsc@city.ames.ia.us Subject: Procedure To Fill Fourth Ward Vacancy Section 372.13 Code of Iowa provides alternative procedures: a)"...appointment by the remaining members of the council..." b) "...special election..." The person appointed or elected must be a resident of the Fourth Ward. The appointment is until the next election for a city office or city ballot issue. The appointment must be made within forty days after the position is VACANT. (not 40 days from the election). To make the appointment the Council publishes a notice of intent to do so AND that voters have a right to petition for a special election. The council can make the appointment after the notice is published, or after the vacancy occurs, "...WHICHEVER IS LATER...". There is no vacancy until the effective date of the council members resignation, or upon the members assumption of the incompatible public office. THERE CAN BE NO VOTE ON THE APPOINTMENT UNTIL AFTER THE POSITION IS LEGALLY VACANT. If there is a petition for a special election within 14 days of an appointment the appointment becomes temporary until the special election. If the Council opts for a special election or there is a petition, the election shall be held concurrent with the next election for a city office or ballot issue if not more than ninety days after the vacancy , or at a special election called "...as soon as practicable...", Section 372.13 does not require a resolution of the Council. A simple motion is sufficient to make the appointment. A motion can be passed by a majority of a quorum. Section 380.4 . If the vote on appointment occurs at a meeting attended by only four of the remaining council members there could be a tie vote. However, the Mayor would not be able to break the tie . Section 372.4 states "...the mayor may vote to break a tie vote on motions not involving ordinances, resolutions or APPOINTMENTS MADE BY THE COUNCIL ALONE ..." (emphasis supplied) The Iowa Attorney General has opined that the mayor may not vote to break a tie to fill a vacancy on the city council. Op. Atty. Gen. (Anderson)April 6, 1976. Section 372.13(1) states that a majority of all council members is a quorum, but when there is a vacancy that is construed as a majority of the positions on the council, not a majority of the remaining members. Thurston v. Huston 123 Iowa 157, 98 NW 637; 4 McQuillin Mun. Corp. (3d ed.) Sec. 13.127. Bottom line: IT WILL TAKE THREE COUNCIL MEMBERS VOTING FOR THE SAME PERSON FROM THE FOURTH WARD TO FILL THE VACANCY BY APPOINTMENT; and, THE VOTE CANNOT TAKE PLACE UNTIL AFTER THE POSITION IS VACANT. Bob Kindred To: Diane R Voss/COA@COA 11/08/2002 10:31 AM cc: y ? Subject: Re: Procedure To Fill Fourth Ward Vacancy And then, could you find out what this number would be? Thanks. Bob Kindred Assistant City Manager P.O. Box 811 Ames, Iowa 50010 PH: (515)239-5202 FAX: (515) 239-5142 E-Mail: bkindred@city.ames.ia.us URL: http://www.city.ames.ia.us —Caring People— Quality Programs -- Exceptional Service -- ----- Forwarded by Bob Kindred/COA on 11/08/2002 10:30 AM----- John R Klaus To: TedJoanie@aol.com 11/06/2002 11:22 AM cc: crosswind@mchsi.com, dvegge@sauer-danfoss.com, hcgbach@isunet.net,judiehoffman@yahoo.com, kindred@city.ames.ia.us, Schainker@city.ames.ia.us, sharonwirth@yahoo.com,st.goodhue@isunet.net Subject: Re: Procedure To Fill Fourth Ward Vacancy 2000 or 10% of the#that voted for 4th ward council member"...in the preceding regular election at which the office was on the ballot, whichever number is fewer." ABSTRACT OF VOTES Story County,Iowa We,the undersigned Members of the Board of Supervisors,and ex-officio Board of County Canvassers, for Story County,hereby certify the following to be a true and correct abstract of the votes cast in this county at the Ames Regular City Election held on the 2nd day of November ,1999 ,as shown by the tally lists returned from the several election precincts. For the office of Council Member Ward 2 there were one thousand four hundred nine -six 1,496 votes cast as follows: Steven D.Goodhue received one thousand four hundred sixty-six , L468 votes Scattering received twenty-eight 28 votes We therefore declare Steven D. Goodhue duly elected to the office of Council Member Ward 2 for the term of 4 years. For the office of Council Member Ward 4 there were nine hundred forty-one 941 votes cast as follows: Herman C.Ouirmbach received nine hundred fifteen 921 votes Scattering_ received twenty_ 20 votes We therefore declare Herman C.Quirmbach duly elected to the office of Council Member Ward 4 for the term of 4 years For the office of Council Member At Large there were four thousand five hundred seventy-three, 4.573 votes cast as follows: Judie Hoffman received three thousand seven hundred one , 3,701 votes Starlene Rankin received eight hundred thirty-three 833 votes Scattering received rirtx nine �3 votes We therefore declare Judie Hoffman duly elected to the office of Council Member At Large for the term of 4years For the office of Hospital Board Trustees there were ten thousand four hundred th' -five , 10,435 votes cast as follows: Judith Clem received three thousand five hundred thiM--three 3,533 votes Sarah Buck received three thousand four hundred ninty-six 3,496 votes Karl Friederich received three thousand three hundred eleven 3,311 votes Scattering_ received ninty-five 95 votes We therefore declare Judith Clem Sarah Buck,and Karl Friederich duly elected to the office of Hospital Board Trustee for the term of 4years . IN TESTIMONY WHEREOF,We have set our hands and caused this to be attested by the Clerk of the Board of Supervisors,with the seal of this County. Done at Nevada,the county seat of this County,this 4th day of November 1999 &airper on Members of the Board of Supervisors and ex-otlicio County Board of Canvassers ATTEST: �oun itor a rdler o upervisors John R Klaus To: Diane R Voss/COA@COA cc: 11/21/2002 04:31 PM Subject: Another Vacancy Filling Question ----- Forwarded by John R Klaus/COA on 11/21/02 04:31 PM ----- John R Klaus To: crosswind mchsi.com, st. oodhue isunet.net, he Bach isunet.net, 11/21/02 04:30 PM judiehoffman@yahoo.com, sharonwirth@yahoo.com, dvegge@sauer-danfoss.com, TedJoanie@aol.com, sschainker@city.ames.ia.us cc: Subject: Another Vacancy Filling Question have been asked if the petitioners for a special election must be residents of the Fourth Ward. The answer is yes, based on the wording of section 372.13(2)(a)where it states: "... the electors of the city or ward, as the case may be, have the right to file a petition ..." The use of the word "ward" indicates the legislative intent that the petitioners be from the ward only in the case of a ward position. +µ John R Klaus To: crosswind@mchsi.com, st.goodhue@isunet.net, 11/08/02 01:56 PM hcgbach@isunet.net, judiehoffman@yahoo.com, sharonwirth@yahoo.com, dvegg e@ sauer-danfoss.com, €=j TedJoanie@aol.com, sschainker@city.ames.ia.us cc: Diane R Voss/COA@COA Subject: "Criteria for Running for City Council" The City Clerks staff has asked, in response to a citizen inquiry, for the " criteria for running for City Council ". Section 376.4 states: "An eligible elector of a city may become a candidate..." The term "eligible elector" is defined at section 39.3 (6) as: "... a person who possesses all the qualifications necessary to be registered to vote..." To be registered to vote it is required by section 48A.5 that the person shall a.) be a U.S. citizen b.) be an Iowa resident c.) be at least 18 years of age. Although it is not explicitly stated, the implication is that a candidate would have to be an "eligible elector" of the city that the candidacy pertained to. It is also required, by section 48A.6, that: 1.) that the candidate not have any felony convictions unless rights have been restored by order of the Governor or the President, 2.) that the candidate not be mentally incompetent as determined in a proceeding held pursuant to section 222.31 or section 633.556. V John R Klaus To: crosswind@mchsi.com, st.goodhue@isunet.net, 11/09/02 07:36 PM hcgbach@isunet.net, judiehoffman@yahoo.com, � sharonwirth ahoo.com` , @Y , dve gge@sauer-danfoss.com, TedJoanie@aol.com, sschainker@city.ames.ia.us cc: Subject: Filling Council Vacancy The City Manager has asked if, prior to the actual occurrence of the vacancy, the Council could opt to have the anticipated vacancy filled by special election? The answer is yes. He asked if all members of the council, including the member who will be vacating his seat, could vote on that measure ? The answer is yes. He asked if the council measure could be a simple motion on which a tie vote could be broken by the Mayor ? The answer is yes. The measure to call the election for a definite date can also be by simple motion. If there were a tie vote on such measure, the Mayor could vote to break the tie. If the Council decides to call a special election to fill the anticipated vacancy, the election is required to be "...on the earliest practicable date." ; and, the Council is required to give the county auditor not less than sixty days notice of the date chosen for the election. See section 372.13(2)(b) Code of Iowa.