Memo- Filling of the Upcoming Council Vacancy
I Office of the City Manager I
Memorandum
To:
From:
Date:
Subject:
Honorable Mayor and Members of the City Council
Steven C. Mielke, City Manager
November 5, 1999
Filling of the Upcoming Council Vacancy
As the Council is aware, a vacancy will exist on the City Council as of January 1 of next
year. Staff has been receiving questions about process and procedure from a variety of
individuals who are apparently interested in the upcoming appointment. To date, staff
has been informing interested individuals that no decision has been made by the
Council as to how the appointment process will be handled, and that we anticipate
discussions by the Council prior to the first of the year to at least establish the process.
Issues to Consider
1 . Charter provisions
The Charter states that when a vacancy occurs, "The Council shall by resolution
declare such a vacancy to exist and shall forthwith appoint an eligible person to
fill the same." The City Attorney's office has determined that the vacancy will
occur when Council member Maxwell assumes the office of Mayor, and at that
time the City Council will be asked to pass a resolution declaring a vacancy for
his unexpired term of office.
The Charter does not provide guidance on procedure or qualifications for the
appointment, with the exception that the appointee must be eligible to hold office
(residency requirement).
2. Process for appointment
The Council is free to establish whatever process it wishes to establish for the
filling of this office. The options range from a simple Council motion to appoint
an individual to a process in which significant public input, candidate recruitment,
and interviews are utilized to select the candidate.
The last time a vacancy occurred, the Council established a guideline that they
wanted someone who would commit to the two-year office period, but would also
commit not to run after that date. Staff believes the reason for that was to not
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Mayor and Council
Filling upcoming vacancy
Page 2
give a leg-up to the incumbent for the next election. Candidate screening was
conducted and Bob McDonald was appointed to the position under those criteria.
The Council, of course, is not obligated to follow the same procedure.
Timing of the process
The vacancy will not occur until after the first of the year, and therefore, the
appointment cannot be made until the vacancy exists. However, the Council
could begin the process of selection prior to the first of the year, should they wish
to do so. Should the Council wish to hold open recruitment and candidate
screening sessions, it may be advantageous to begin that process in November
for recruitment with interviews in December. By doing so, the appointment couid
be made at the first meeting in January.
Information
About two years ago the staff prepared an orientation manual for Council
members and board and commission members. It may be advantageous to
prepare a packet of information for individuals interested in the appointment so
as to give them background information about the city. We could also provide
additional information that the Council may deem appropriate and could be used
as a basis for candidate screening.
Summary
From a legal perspective, the Council has free reign to determine how it wishes to
select the appointee. The timing of the appointment process is also up in the air, with
the exception of declaring the vacancy and having to wait until after the first of the year
to make the appointment.
If the Council would like additional research prior to the work session, please contact
Steve Mielke.
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