HomeMy WebLinkAbout2010 04 01 Other-Filling of Vacancies - Section 4.08 (c), City Charter Date: April 1, 2010
The attached document was distributed to the
Committee Members by City Attorney Anthony A.
Garganese on April 1, 2010 at the Winter Springs Ad Hoc
Charter Review Committee Meeting.
Briefing Memorandum
To: Winter Springs Ad Hoc Charter Review Committee
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From: Anthony A. Garganese, City Attorne
Date: April 1, 2010
Re: Filling of Vacancies — Section 4.08 (c), City Charter
Background:
1. The Committee voted to amend the Charter to require that the City Commission fill
vacancies on the Commission within the next two regular meetings of the City
Commission.
2. The Committee also voted to fill a vacancy in the Mayor position in the same manner
as a City Commissioner position.
3. The Committee directed the City Attorney to research and provide further information
regarding the implementation of this requirement including considering options if the
City Commission failed to fill the vacancy within the required time period.
Options:
After reviewing various City Charters and the Model Charter, there seem to be several
practical options in general:
1. Mandate Appointment by the end of the Second Regular Meeting. The Charter can
just mandate that the City Commission has a duty to make the appointment by the end of
second regular meeting. However, if the Commission fails to fill the vacancy within the
time period required by the City Charter, the City Commission will have to take some
action to fill the vacancy or be compelled to act pursuant to the City Charter. This option
leaves the obvious "what if?" question unanswered in the City Charter. For example:
(c) Filling of vacancies. A vacancy in a commission member's seat or mayor's position
shall be filled until the next regular election to be held for the office of the commissioner
from that seat or position of mayor, as the case may be, by a majority vote of all its
remaining members by the conclusion of the second regular meeting of the city
commission following the creation of the vacancy.
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2. Afford Commission the opportunity to appoint or Appointment Power Delegated to
Mayor. The Charter can afford the City Commission the opportunity to make the
appointment by the end of second regular meeting. However, if the Commission fails to
fill the vacancy within the time period required by the City Charter, the Mayor (or
Deputy Mayor in the case where the Mayor's seat is vacant) will have the authority to fill
the vacancy within a required period of time. For example:
(c) Filling of vacancies. A vacancy in a commission member's seat or mayor's position
shall be filled until the next regular election to be held for the office of the commissioner
from that seat or position of mayor, as the case may be, by a majority vote of all its
remaining members by the conclusion of the second regular meeting of the city
commission following the creation of the vacancy. However, if the commission shall fail
to fill the vacancy, the Mayor, at said second regular meeting, shall fill the vacancy from
a list of proposed candidates which shall be provided by the remaining commission
members. Each remaining commissioner shall have the right to place one candidate on
the list. In the event the Mayor's position is vacant, the Deputy Mayor shall have the
authority afforded the Mayor under this subsection.
3. Afford Commission the opportunity to appoint or a Special Election is Held. The
Charter can afford the City Commission the opportunity to make the appointment by the
end of second regular meeting. However, if the Commission fails to fill the vacancy
within the time period required by the City Charter, the City Clerk shall schedule a
special election to fill the vacancy. For example:
(c) Filling of vacancies. A vacancy in a commission member's seat or mayor's position
shall be filled until the next regular election to be held for the office of the commissioner
from that seat or position of mayor, as the case may be, by a majority vote of all its
remaining members by the conclusion of the second regular meeting of the city
commission following the creation of the vacancy. However, if the commission shall fail
to fill the vacancy, the city clerk shall schedule a special election to fill the vacancy as
governed by law. The special election shall occur no sooner than 60 days and not later
than 120 days following the second regular meeting of the city commission, unless the
next regular city election is less than 120 days from said meeting then the special election
shall be held on the same day as the regular city election.
NOTE: In some city charters the appointment by the city commission or mayor is only
good until the next regular city election. At the next regular election, the vacated seat is
permanently filled for the balance of the unexpired term or a new terra. In comparison,
the current Winter Springs Charter allows the Commission to make an appointment to fill
the vacancy for the balance of the unexpired term.
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