HomeMy WebLinkAbout~Master - Procedures for filling a vacancy in elected office ORDINANCE NO. 3887
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY REPEALING SECTION 2.19 AND ENACTING A NEW
SECTION 2.19 (a)(b) THEREOF, FOR THE PURPOSE OF FILLING A
VACANCY IN ELECTED CITY OFFICE AND REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 2.19 and enacting a new Section 2.19(a)(b)as follows:
"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 Iowa law 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
dates for actions in relation to the special election shall be calculated with regard to the date for which
the special election is called,as provided by Iowa law."
[State Law Ref. Iowa Code Sec. 372.13(2)], as amended by HF 2282)
Section Two.All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the
extent of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this 8th day of August 2006
Diane R.Voss,City Clerk Ann H.Campbell,Mayor
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