HomeMy WebLinkAboutResolution 090-2010 Resolution No. 90-10
City Council Policy: City Council Vacancy
Adopted: September 23, 2003
Amended: October 12, 2010
Whereas, it shall be the policy of the City of Brookings that a procedure be developed to
follow in the event a vacancy occurs on the City Council; and
Whereas, the Objective of this policy is to have an established procedure in the event of a City
Council vacancy; and
Now, Therefore, the City of Brookings hereby resolves that the following procedure be
followed in the event a vacancy occurs on the City Council:
I) Positions. The elected City officers of the City of Brookings are the Mayor and six (6)
City Council members.
2) City Charter Reference - Filling of Vacancy. Any vacancy occurring in the office of
Mayor or City Council must be filled pursuant to City Charter, Section 2.06—
Vacancies; Forfeiture of Office; Filling of Vacancies:
(d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office
of Mayor or of a City Council Member shall be filled for the remainder of the unexpired
term at the next regular City election. The Council by a majority vote of all its remaining
members shall appoint a qualified person to fill the vacancy until the person elected to
serve the remainder of the unexpired term takes office. However, if the vacancy occurs less
than sixty days prior to the next regular City election, then the person appointed to fill the
vacancy shall continue to serve and the vacancy shall be filled at the regular City election
immediately following the next regular City election. Notwithstanding the requirement in
Section 2.11, if at any time the membership of the Council is reduced to less than 6, the
remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for
a special election to fill the vacancies.
3) City Council Decision. The City Council has the option to fill a vacancy or leave it open
if the membership is maintained at not less than six (6) members. The Council must
determine whether or not to fill the vacancy.
4) Schedule. The City Council must establish a schedule for the following steps in the
appointment process:
• Date to issue press release
• Deadline to submit applications
• Date for applicants to meet with the City Council
• Date to appoint the new Council member
• Date for the swearing in ceremony
5) Public Announcement. Immediately after the Council decision to fill the vacancy, the
City Manager shall issue an announcement that a vacancy has occurred and invite legally
qualified persons to apply for the vacancy. See example press release:
Applications for City Council Member
The Brookings City Council is now accepting applications from Brookings residents
interested in the vacant City Council member position effective until .
Applicants are to submit an application and any other pertinent information to the City
Manager not later than at 5:00 p.m. The City Council will take action to approve
this appointment to the Council on or before .
Applications for Appointment are available at City Hall, 31 I Third Avenue, or by calling
(605)692-6281. Applications must be submitted to the City Manager not later than
by 5:00 p.m.
"The City of Brookings is responsive to requests for communication aids and the need to
provide appropriate access, and will provide alternative formats and accessible locations
consistent with the Americans with Disabilities Act."
6) Application Packet. Applicants will be provided with an application form, Code of
Ethics, Governance and Ends Policy, current budget, Conflict of Interest Ordinance, and
proposed appointment schedule. Applicants will be asked to submit a completed
application, signed Code of Ethics, resume, and any other information to the City
Manager.
7) Council Notification:
A. The City Manager will provide qualified applicants list and copies of applications
to the Mayor and City Council.
B. The names of applicants will not be released to the public prior to the
application deadline.
C. After the application deadline, the public will be provided with the list of
applicant names upon request; however, the applications will not be released.
8) City Council Applicant Review & Nominations:
A. Presentations. Applicants will be invited to appear before the City Council at a
planning or action meeting to provide comments and respond to questions.
I. Each applicant will be limited to 5 minutes.
2. All Council members will have an opportunity to ask questions.
B. Council Review. The City Council may discuss, at an open meeting, the
qualifications of the candidate or candidates.
C. Executive Session. The City Council may enter into Executive Session for the
sole purpose of discussing the qualifications of the applicants. The purpose of
the executive session would be for each Council member to share their views
about the qualifications and that the issue be thoroughly discussed. If it appears
that a majority of Council members do not believe a certain candidate is most
qualified, further discussion about the qualifications can occur. The executive
session minimizes misunderstandings about the opinions of each Council
member concerning the qualifications of the candidates, and avoids the use of a
secret ballot, which is not specifically authorized in the law. In addition to the
City Council members, the City Manager, City Attorney, and City Clerk would
also be present during the executive session.
D. Council Comments. City Council members will be given an opportunity to
make public comments.
E. Public Comment. Public comment from interested parties will be heard before a
motion to nominate a legally qualified person to fill the vacancy, but after the
comments of the City Council.
F. Nomination(s). At the conclusion of public comment, a motion by any member
of the City Council to nominate a candidate may be made to fill the vacancy.
The nomination requires a second in order to be voted upon. The motion must
specify the name of the applicant and the effective date of the appointment. The
first nominated and seconded legally qualified person receiving a majority of
votes from those voting will be elected to fill the vacancy. If the motion fails, the
floor would be open for another motion. The use of a secret ballot will not be
allowed.
G. Term. Appointed Council Members are appointed to fill a vacated position for a
period not more than one (I) year. Per City Charter Section 2.06 (d), "....then
the person appointed to fill the vacancy shall continue to serve and the vacancy shall be
filled at the regular City election immediately following the next regular City election..."
9) Swearing In Ceremony. The newly appointed City Council member will sign an Oath of
Office and be presented with an Appointment Certificate by the Mayor at the next
regularly scheduled City Council meeting.
Passed and approved this 12`h day of October, 2010.
CITY OF BROOKINGS
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" Tim Reed, Mayor
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Shari Thornes, City Clerk