The URL can be used to link to this page

Home My WebLink AboutA003 - Legal Opinion dated July 7, 2006 - Options for Filling Vacancy on Council - City Attorney's Office Caring People 515 Clark Avenue,P.O.Box 811 lity Qua Programs uah i. Service Ames,IA 50010 Phone: 515-239-5146 0 Fax: 515-239-5142 July 7, 2006 The Honorable Ann H. Campbell, Mayor and Members of the City Council of the City of Ames, Iowa Re: Options for Filling Vacancy on Council Dear Mayor Campbell and Council Members: At the regular Council meeting last week,I was directed to draft an amendment to the Municipal Code to make the Council vacancy provisions conform to the Iowa Code. The proposed amendment gives the Council the authority to fill a vacancy alternatively by appointment within 40 days or by special election. It also increases the number of signatures on a petition for a special election from 2% to 10%. A copy of the draft amendment is attached. I also drafted procedural time lines for the options available to the Council at the July 11 meeting for filling the upcoming vacancy. Option 1 outlines the procedure for calling for a special election at the "next practicable date,"which would be September 5. Option 2 outlines the procedures for filling the vacancy by appointment, after which the Council would call for a special election in the event that a petition were filed within 14 days of the notice of vacancy, or of the appointment. Under option 2,it would be possible for an election to be held concurrently with the General Election on November 7, or at the next available date of December 5. Yours truly, *j �OA Douglas R. Marek City Attorney drm Attachment OPTION 1 07/11/06 Regular Council Meeting: I"Amend City Code §2.19;waive 2nd&3rd readings 2"d Resolve to fill vacancy by special election and set election for 09/05/06 Iowa Code §372.13(2)(b) 07/12/06 Mayor notifies Commissioner of Elections of special election date 07/20/06 Nomination Petitions of Candidates Due to City Clerk by 5:00 PM 47 days 09/05/06 Special Election (Tuesday following Labor Day) OPTION 2 07/11/06 Regular Council Meeting: 151 Amend City Code §2.19;waive 2nd&3rd readings 2nd Resolve to fill vacancy by appointment, Iowa Code §372.13(2)(a) 07/14/06 Publish Notice of Intent to Fill Vacancy by Appointment. 07/15/06 Vacancy begins with effective date of Councilman Goodhue's resignation 07/25/06 Regular Council Meeting: * Council may,but need not,appoint to fill vacancy at this meeting 4 day, * If petition calling for special election is on file with City Clerk, Council may set election for November 7&notify Commissioner 07/28/06 Last date petition calling for special election can be filed If petition is filed by this date,Council must set special election at next meeting 08/08/06 Regular Council Meeting: *If petition calling for special election is on file with City Clerk, Council may set election for Dec. 5& notify Commissioner 08/22/06 Regular Council Meeting: * If vacancy not yet filled,appointment should be made at this meeting la days (38th day of vacancy) 08/30/06 Nomination Petitions are due for November 7 election 09/05/06 Second chance to file Petition to call for special election 09/12/06 Second chance for Council to set special election for December 5 10/19/06 Nomination Petitions are due for December 5 Special Election 11/07/06 Special Election held concurrently with General Election(if set at 7/25/06 mtg) -or- 12/05/06 Special Election(if set at 08/08/06 or 09/12/06 Council meeting) Law-Council Vacancy Time Line-070306 Current Municipal Code Sec.2.19. VACANCY IN ELECTED CITY OFFICE. A vacancy in an elective city office during a term of office shall be filled by the council,within thirty days after the vacancy occurs,for the balance of the unexpired term unless a special election is sooner held to fill the office for the remaining balance of the unexpired term. Such an election shall be called if the council is presented with a petition so requesting,signed by eligible electors entitled to vote to fill the office in question. The petition must bear signatures equal in number to two percent of those who voted for candidates for the office at the last preceding election at which the office was on the ballot,but in no case fewer than ten signatures. If the petition so requests and is timely filed,the special election may be held concurrently with any pending election as provided by section 69.12. Otherwise,a special election to fill the office shall be called at the earliest practicable time after the petition is presented to the council. [State Law Ref.Iowa Code Sec. 372.13(2)] Proposed Amendment to conform to State Law (Iowa Code section 372 13 as amended by HF 2282) Amend Ames Municipal Code by striking section 2.19 in its entirety and replacing with the following: Sec.2.19. VACANCY IN ELECTED CITY OFFICE. A vacancy in an elective city office during a term of office shall be filled by the council at the council's option by one of the two following procedures: a.By appointment by the remaining members of the council except that if the remaining members do not constitute a quorum of the full membership paragraph"b" shall be followed The appointment shall be for the period until the next pending election,and shall be made within forty days after the vacancy occurs If the council chooses to proceed by appointment, it shall publish notice stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward as the case may be have the right to file a petition requiring that the vacancy be filled by a special election.The council may publish notice in advance if a member of the council submits a resignation to take effect at a future date.The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs whichever is later.However,if within fourteen days after publication of the notice or within fourteen days after the appointment is made there is filed with the city clerk a petition which requests a special election to fill the vacancy,an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently,under paragraph"b" The number of signatures of eligible electors of a city for a valid petition shall be at least two thousand signatures or at least the number of signatures equal to ten percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot,whichever number is fewer. b. By a special election held to fill the office for the remaining balance of the unexpired term If the council opts for a special election or a valid petition is filed under paragraph"a" the special election may be held concurrently with any pending election as provided by section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs.Otherwise,a special election to fill the office shall be called at the earliest practicable date If there are concurrent vacancies on the council and the remaining council members do not constitute a quorum of the full membership,a special election shall be called at the earliest practicable date The council shall give the county commissioner at least thirty-two days'written notice of the date chosen for the special election The council of a city where a primary election may be required shall give the county commissioner at least eighty-five days'written notice of the date chosen for the special election A special election held under this subsection is subject to sections 376.4 through 376.11,but the dates for actions in relation to the special election shall be calculated with regard to the date for which the special election is called.