Subject
Councilor Doug Smith's Resignation of the Ward IV council seat.
Summary and Background
On Thursday, September 3, 2020 Doug Smith submitted a letter of resignation from his position of city councilor for personal reasons effective September 4, 2020.
In paragraph (b) of Section 34 of the Hermiston City Charter it states:
(b) If two or more years remain in the term of a mayor or councilmember whose office becomes vacant, the vacancy shall be filled at a special election, which shall occur at the first election date that meets all requirements of state and city election laws. A person elected to fill a vacancy under this subsection shall serve until expiration of the term of office of the last person elected to that office. Until a vacancy is filled by a special election and the person takes office in accordance with this subsection, the remaining members of the council may appoint a person to fill the vacancy for the interim period of time.
Despite the timing of the resignation being so close to an existing election, two or more years clearly remain in Councilor Smith's term. This condition clearly states that a special election must be held to fill the seat. The applicable paragraph also states that someone can be appointed to fill the position during the time it is vacant which would be from September 4, 2020 until March 22, 2021 (election date March 9, 2021) when an elected councilor could be sworn into office.
Council Rules #64 outlines a procedure for
64. Procedure for Filling Council Vacancies
Upon receipt of a resignation of a council member, the council will:
A. Accept the resignation by motion. - September 14, 2020
B. Advertise the vacancy in a local newspaper for two weeks stating that the city council is accepting applications for the position and establishing a deadline for applying. - From September 14 to September 28, 2020
C. The mayor will appoint a council committee, approved by the council, to review applications. - September 28, 2020
D. The committee will recommend an individual from the applications to fill the vacancy. - Prior to October 12, 2020
E. The council will approve the recommendation. - October 12, 2020
F. The oath of office will be administered at the next regular council meeting. - October 26, 2020
The process outlined above is the quickest alternative. The council could take a slightly slower approach to try and avoid confusion with the at-large elections.
Tie-In to Council Goals:
N/A
Fiscal Information
A special election will cost approximately $10,000.
Alternatives and Recommendation
Alternatives
- Acceptance of the resignation
- Denial of the resignation
- Direct staff to follow quickest timeline for appointment
- Direct staff to follow another path for appointment
- Direct staff to not pursue appointment
Recommendation
Acceptance of the resignation
Some path to appointment of an interim councilor
Requested Action/Motion
Motion to accept the resignation
Motion to direct staff on some form of appointment of a replacement.
Submitted By: Byron Smith