City Attorney Says Council Has CHOICE Of Calling Special Election OR Appointing Someone To Fill Remainder of Baker's Council Term; New Councilperson Would Serve To July '08
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(February 8, 2006) -- In an aftershock to last night's seismic resignation of 2d district Councilman Dan Baker, City Attorney Bob Shannon has sent a memo to the Mayor and City Council advising that the Council call a special election to fill the remainder of 2d district Councilman Dan Baker's unexpired term OR the Council can appoint someone to fill the remainder of Baker's term (which runs until July 2008).
City Attorney Shannon's memo states:
As a result of the resignation of Councilmember Dan Baker, effective Wednesday, February 8, 2006, certain actions are required by the Charter to fill the vacancy created by this resignation.
Initially, the City Council must adopt a resolution declaring a vacancy in the office of Second District Councilmember. Our office has prepared that resolution, to be considered at the next Council meeting on February 14, 2006.
Once the vacancy is declared, the City Council has two options. Under the first option, the City Council may call a special election in order to fill the remainder of Councilmember Bakerís term. This election must be called within 60 days of the declaration of the vacancy, and must be held within 120 days of the declaration of vacancy.
Under the second option, the City Council may appoint a person to fill the rest of Councilmember Bakerís term. In any event, to be eligible for appointment or election, the person must be a legally registered voter and a resident of the Second District at the time of nomination to office.
Should the Council choose to call an election, please be advised that even though the April 11, 2006, primary would fall within this period, the sample ballot deadline for that election cannot be met. Therefore, the next available election date would be the general run-off election on June 6, 2006. This would be a "winner take all" election with no primary.
If the June election date is chosen, the filing period for accepting nomination papers for candidates for the Second District Councilmanic District Office shall begin on February 27, 2006, and shall end on March 10, 2006.
Reaction is pending as we post.
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