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HomeMy WebLinkAboutItem 01 Mayor Vacancy Process AGENDA ITEM SUMMARY Meeting Date: 9/14/2020 Meeting Type: Work Session Staff Contact/Dept.: Nancy Newton/CMO Mary Bridget Smith/CAO Staff Phone No: 541-736-3700 Estimated Time: 60 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate ITEM TITLE: MAYOR VACANCY PROCESS ACTION REQUESTED: Provide direction regarding appointing an interim Mayor. ISSUE STATEMENT: Mayor Christine Lundberg submitted her letter of resignation on August 15, 2020. The Springfield Charter requires the Council to appoint an interim Mayor but does not set out a specific process or deadline to make the appointment. A successor is then elected at the next general biennial election to serve the remainder of the unexpired term. ATTACHMENTS: Attachment 1: Council Briefing Memorandum Attachment 2: Decision Tree Attachment 3: Chapters III and IV of the Springfield Charter DISCUSSION/ FINANCIAL IMPACT: The Springfield Charter is the controlling authority for filling the Mayor’s vacancy. The Council is required to appoint an interim Mayor by a majority vote. A successor is elected by the voters at the next general biennial election which in this case is November 2022. The Council President assumes the duties of Mayor and presides over the Council meetings until the Council appoints an interim Mayor. The Charter does not specify a process or deadline for appointing the interim Mayor but as elected officials, the Council must act reasonably and diligently toward the appointment. The Council is the ultimate judge of the interim Mayor qualifications and the interim Mayor can be a Springfield resident or a sitting City Councilor. Some of the duties of the Mayor include presiding over Council meetings, voting in cases of a tie, helping to set the Council meeting agenda and approving or disapproving ordinances. The Mayor sits on several intergovernmental committees such as the Metropolitan Policy Committee (MPC), the Oregon Metropolitan Planning Organization Consortium (OMPOC) and the League of Oregon Cities Board. Also, the Mayor spearheads certain policy initiatives and represents the City at many ceremonial and official functions. All deliberations and the vote to appoint the interim Mayor must be conducted at a public meeting consistent with public meeting and records laws. M E M O R A N D U M City of Springfield Date: 9/8/2020 To: Nancy Newton, City Manager COUNCIL From: Mary Bridget Smith, City Attorney BRIEFING Subject: Election/Decision Process for Filling Vacancy in Position of Mayor MEMORANDUM ISSUE: Mayor Christine Lundberg submitted her letter of resignation on August 15, 2020. The Springfield Charter requires the Council to appoint an interim Mayor but does not set out a specific process or deadline to make the appointment. A successor is then elected at the next general biennial election to serve the remainder of the unexpired term. COUNCIL GOALS/ MANDATE: Mandate BACKGROUND: The purpose of this memo is to provide the Council with background information about filling the Mayor’s vacancy that can be used in conjunction with the Decision Tree attached to this packet as Attachment 2. More specifically, this memo will address the Springfield Charter requirements, the duties of the Mayor, public meeting and record law considerations, and options for appointing an interim Mayor. Factual Summary: Mayor Lundberg submitted her resignation on August 15, 2020. Her current term expires January 2021. She won the May 2020 primary and her next term would have started in January 2021 and continued until January 2024. Analysis: Charter Requirements The controlling legal authority for filling a vacancy is Section 20 of the Springfield Charter. That section states the following with respect to filling vacancies: “A vacancy in the Council or in the position of Mayor shall be filled by appointment by a majority of the Council. The appointee’s term of office runs from the time of his or her qualification for the office after the appointment and shall continue until the beginning of the year following the next general biennial election and until a successor is qualified. The successor for the unexpired term shall be chosen at the next general biennial election after said appointment. During a Council member’s disability to serve on the Council or during the member’s excused absence from the City, a majority of the other members of the Council may by appointment fill the vacancy pro tem.” Filling a vacancy can be divided into two events: the Council appointing an interim Mayor and Springfield voters electing a successor. The appointee is chosen by a majority of the Council and the successor is elected at the next general biennial election that takes place after the Council appoints an interim Mayor. The next general biennial election is November 3, 2020 but the deadline for filing for declaration of candidacy has passed. Accordingly, the next general biennial election after 2020 is November of 2022. The City Attorney’s Office could not find any legal authority or precedent for exceptions to the state candidate filing requirements for the upcoming November 2020 election and, in any case, the Charter requires the Council to appoint an Interim before the successor is elected. Finally, the Charter requirements about filling a vacancy are unambiguous. Attachment 1, Page 1 of 6 MEMORANDUM 9/8/2020 Page 2 Deviating from the Charter by holding a special election would be subject to legal challenge and a court would most likely find the special election void. Council President A frequent question that has come up in connection with the vacancy is whether the Council President automatically becomes Mayor. Section 20 of the Springfield Charter addresses situations where the Council can appoint a Pro Tem when Mayor or a Councilor is unable to serve or has an excused absence, but those reasons do not apply to this situation. However, Section 17 does provide some direction about the Council President’s role when a vacancy occurs. Section 17 of the Springfield Charter states: “…The Council President shall function as Mayor when: (1) The Mayor is absent from a Council meeting, or (2) The Mayor is unable to function as Mayor. The President of the Council shall not lose a vote while presiding, but shall not gain an additional vote by reason of presiding.” The Mayor’s seat is currently vacant, which means that the Mayor will be absent from future Council meetings until someone is appointed to fill the vacancy. In that situation, the Council President assumes the duties of Mayor and presides over City Council meetings. The term “unable to function” is similar to language in other city Charters that courts have interpreted to include a vacancy created by a resignation. This interpretation is also consistent with advice the City Attorney’s Office provided about the City’s previous Charter. Although the previous Charter had different wording, we could find no evidence that the voters intended to change the role of Council President when they voted on the new Charter in 2001. Therefore, the Council President does assume the duties of Mayor until the Council appoints an interim Mayor. It is important to note that the Council President is not a Mayor Pro Tem or the interim Mayor (unless appointed by the Council consistent with the Charter), but it does provide a way to keep the City’s business moving forward while the Council is deliberating on appointing an interim Mayor. Finally, assuming the duties of Mayor does not mean that the Council President position becomes vacant, so the Council is not required to appoint an additional Council President. Mayor Duties The Mayor’s duties are set out in the Springfield Charter, the Municipal Code and the Council Operating Policies and Procedures. In addition to these responsibilities, the Mayor may also spearhead certain policy initiatives, sit on intergovernmental committees and attend ceremonial events on behalf of the City. Presiding over Council Meetings A core part of being Mayor includes presiding over Council meetings and their deliberations. Generally, if the Mayor is not at a Council meeting, the Council President presides over a meeting and if the Council President is absent, the Operating Policies and Procedures provide that the most senior Councilor can preside over the meeting as President Pro Tem. The Mayor does not count as part of the Council quorum; therefore, the same rule applies that 4 out of 6 Councilors make a quorum to conduct business. Vote in Case of a Tie The Mayor votes on matters before the Council only in cases when there is a tie. Until an interim Mayor is appointed, the Council will follow Roberts Rules of Order for voting; Attachment 1, Page 2 of 6 MEMORANDUM 9/8/2020 Page 3 therefore, if a tie vote occurs, the Council can vote on the motion again or bring a new modified motion. Section 17 of the Charter states that the Council President does not lose a vote when he presumes the duties of the Mayor. In addition, the Charter provides that the Council President does not gain an additional vote, and therefore cannot vote again to break a tie. Set Council Agenda Under Section 5.1.2 of the Council Operating Policies and Procedures, items can be listed on the written agenda in four ways: 1. Items considered at a prior work session that require official Council action; 2. Items directed by the Mayor or a member of Council to be placed on the agenda, with the agreement of the Mayor and Council President or by agreement of a majority of the Council; 3. Items deemed appropriate by the City Manager; and 4. Items required by law to be presented to the Council. In addition to the above items, the members of the City Council can propose other items during a meeting that are not listed on the written agenda (Section 5.2). The past practice has been to obtain Mayor and Council President consent for all items proposed on the agenda, but their approval is only required for items brought forward by the members of the City Council in advance; it is not necessary for items added to the agenda by the City Manager or items raised during a public meeting. Council members could simply raise new agenda items at a public meeting and get a majority vote of the Council to schedule an item on the written agenda for a future public meeting. It may also be possible for the City Manager to contact members of the Council individually outside of a public meeting to get feedback on whether to include an item on the agenda.1 Alternatively, the Council could temporarily amend the Council Operating Policies and Procedures to specify another manner of deciding what to add to the agenda, such as agreement between the Council President and the most senior member of the Council or another Councilor appointed by the Council. Deliver State of the City Address The Charter requires the Mayor to deliver an annual message to the Council at the start of the each calendar year. Generally, the State of the City Address occurs in January each year but does not designate a specific date certain. Approve or Disapprove Ordinances The Council President can approve or disapprove ordinances consistent with the Charter while assuming the duties of the Mayor and until an interim Mayor is appointed. Appoint Committee Members Consistent with Operating Policies The Council has several citizen committees that serve the City in a number of different capacities such as the Budget Committee and Planning Commission. The process set out in the Operating Policies and Procedures includes nomination by the Mayor or Council and appointment by the Council which is done by vote at a Council Meeting. 1 The Court of Appeals held in Handy v. Lane County that the public meetings law did not apply to Lane County’s decision to hold an emergency meeting, reasoning that the public meetings law does not apply to decisions that do not require a formal vote in a meeting. In that case, no formal vote was required because the Chair had unilateral authority to call the meeting. Attachment 1, Page 3 of 6 MEMORANDUM 9/8/2020 Page 4 Sign City Contracts and Agreements as Directed by the Council Similar to approving or disapproving ordinances, the Council President can sign City contracts and agreements as directed by the Council while assuming the duties of the Mayor and until an interim Mayor is appointed. Appoint Special Mayoral Committees on matters of City-wide concern The Charter also provides that the Mayor can appoint special committees on matters of City- wide concern. For example, earlier this summer Mayor Lundberg announced a Blue Ribbon Committee to address diversity and equity in Springfield. Calling Emergency or Special Meetings The Mayor can call an emergency Council meeting; however, under the Springfield Municipal Code, three members of the Council can do so as well. Proclamation of Election Results The Springfield Municipal Code requires the Mayor to proclaim the election of candidates to City offices and the adoption of City measures. This process includes signing a proclamation and posting which the Council President can do if an interim Mayor is not appointed by the time the proclamation is required. Ceremonial and Administrative Activities In addition to the duties outline in the Charter and Springfield Municipal Code, there are several ceremonial and administrative duties that fall to the Mayor, many of which are outlined in the Council’s Operating Policies and Procedures. For example, the Mayor approves a Councilor’s request to attend a training or conference on behalf of the City and is often asked to sign a letter in support of a particular cause. These items are generally administrative and ceremonial in nature and are not subject to public meetings laws or Council consent. The Council President could approve training of other Councilors and another Councilor could be assigned to approve his training requests. Depending on the event, the Council President or a Councilor could appear on behalf of the City. Policy Initiatives Some of the policy initiatives Mayor Lundberg championed was a Blue Ribbon Committee to address diversity and equity in Springfield, the indoor track project, transportation issues and addressing homelessness in our community by focusing families and children. The Council can provide direction to staff about these projects. Mayor Committee Assignments The Mayor was a member of several intergovernmental committees. The vacancy created by her resignation will be filled consistent with the Bylaws of those specific committees. She was a member of SEDA, the Home Consortium, Lane Workforce Partnership, Main/McVay Governance Team, MPC, OMPOC, Travel Lane County, Travel Lane County Executive Committee, the Oregon Mayor Association Board of Directors, and the League of Oregon Cities Board of Directors. Vacancy Process The Charter does not specify a specific process for appointing an interim Mayor, but there are some general considerations to keep in mind. General Considerations  Majority Appoints. The appointee is appointed by a majority of the Council meaning that 4 out of the 6 Councilors must vote to select the same person. If there is a tie, the Council keeps voting until they arrive at a majority. Attachment 1, Page 4 of 6 MEMORANDUM 9/8/2020 Page 5  Public Meeting/Records. Public Meeting and Records law applies and the Council cannot meet in executive session to deliberate.  Qualifications. The Council is the ultimate decision maker about the interim Mayor’s qualifications, but Section 23 of the Charter does specify that the person must live in the City, not be an employee and must disclose any adult felony convictions. Further, state law prohibits a person from running for two elective offices at one time.  Appointee does not have to be a sitting council member. The Charter does not require the Council fill a vacancy with a sitting Councilor.  No specific deadline. The Charter states that a Council vacancy shall be appointed by Council majority but does not expressly require that the appointment be made by a specific time, nor is there an applicable state statute. Therefore, the most likely legal interpretation of the time in which Council must appoint someone to fill the vacancy is a reasonable amount of time that would allow for the Council to make an effective decision about whom to appoint, balanced with their duty to comply with the City Charter and fulfill their obligations as a Council.  Terms. One unusual aspect of this situation is that Mayor Lundberg was serving a term that is set to expire this coming January and would have started a new term at the Council’s first meeting in January 2021. She would have been deemed elected to that new term at the upcoming general biennial election in November because Section 10 of the Charter states that “any candidate for Mayor or City Councilor who receives a majority of all votes cast at the primary election shall be declared to be elected to the office for which he or she is a candidate, effective as of the date of the state-wide biennial general election and no further elections shall be held for such office.” Therefore, this situation does provide the Council with the option of selecting one appointee to finish the current term and then selecting another appointee for the new term starting in January 2021. The Council could also decide to appoint the same person for both terms.  Appointee only removed as per Charter. Once the Council appoints an interim Mayor, that position can only become vacant consistent with the Section 19 of the Charter. Some of those reasons include, conviction of a felony, recall from office, and 4 consecutive unexcused absences from Council meetings.  Impacts to a sitting Councilor if they are appointed as Interim Mayor. The impacts to a sitting Councilor if that person is appointed the Interim Mayor depends on their term and whether the Council decides to appoint a different person for the current and next term. Councilors Stoehr and Pishioneri are similar to Mayor Lundberg in that their current term ends in January 2021 and their next term starts in January 2021. Therefore, if the Council decides to appoint a different appointee for each of the Mayor’s terms, Stoehr and Pishioneri could serve out the rest of their existing term as the appointee and then start their new term as Councilor in January of 2021. This would create a cascading effect where the Council would have a vacant Councilor seat until the next term begins in January 2021, consistent with the Charter and similar to the Mayor’s vacancy. Councilor Moore’s term expires in January 2021 and her seat is in the upcoming election, so she could be selected as Interim Mayor and the new Ward 3 Councilor would be elected in November and take office in January 2021. If Councilors VanGordon, Moe and Woodrow took the appointment, they would have to resign from Attachment 1, Page 5 of 6 MEMORANDUM 9/8/2020 Page 6 their seats for the rest of their current term, which runs until January 2023. The Council would have to appoint an Interim Councilor to fill that Councilor’s vacant seat until January 2023. Example Process Options The following sets out some options for appointing an Interim Mayor. When Mayor Leiken resigned to be a County Commissioner, the Council decided to appoint an Interim Mayor by selecting amongst the Council. The Council made the decision about the process in one work session and in the next regular meeting, Councilors made nominations, had discussions and appointed an Interim Mayor by vote. During the previous work session, they also arrived at some written questions for those nominated to submit for the packet in the regular meeting. The Council could also open up the process to include members of the public that qualify for the office. That process could include a written application with questions, an interview, and deliberations. Those items must occur at a public meeting and could take approximately 4 to 6 months depending on the chosen process. If the Council were to appoint a sitting Councilor to be the Interim Mayor, that would create vacancy in that council seat. The Council could choose a different process for filling the vacancy. For example, if they choose amongst the Council for an Interim Mayor and then opened it up to the public for the Councilor vacancy. The process for appointing a Councilor could not start until the sitting Councilor submitted their resignation to become Interim Mayor. RECOMMENDED ACTION: Provide direction regarding appointing an interim Mayor. Attachment 1, Page 6 of 6 Mayor Vacancy Existing Term Present- Jan. 2021 Pool: Council Selection Process Term Exp. New Interim Same Interim Pool: Public Selection Process Term Exp. New Interim Same Interim Next Term Jan. 2021 Pool: Council Selection Process General Biennial 11/2022 Successor 1/2023 Pool: Public Selection Process General Biennial 11/2022 Successor 1/2023 Attachment 2, Page 1 of 1 Springfield Municipal Code Previous SPRINGFIELD CHARTER Main Collapse Search PrintNext No FramesUp CHAPTER III.FORM OF GOVERNMENT Section 7.Council. The Council consists of six Councilors,who shall be nominated by ward of residence and elected from the City at large.Each of the six Council wards shall be represented on the Council. Section 8.Councilors. The term of office of a Councilor in office when this Charter is adopted is the term of office for which the Councilor has been elected before adoption of the Charter or is elected at the time of the adoption.At each biennial general November election after the adoption three Councilors shall be elected,each for a four-year term. Section 9.Mayor. The term of office of the Mayor in office when this Charter is adopted is the term of office for which the Mayor has been elected before adoption of the Charter or is elected at the time of the adoption.At each subsequent quadrennial general November election a Mayor shall be elected for a four-year term.The Mayor shall be a resident of the City and elected from the City at large. Section 10.Method of Election and Terms. The first voting for Mayor or Councilor during a year will take place at the same time and places in the City as the state-wide biennial primary election that year.Any candidate for Mayor or City Councilor who receives a majority of all votes cast at the primary election shall be declared to be elected to the office for which he or she is a candidate,effective as of the date of the state-wide biennial general election and no further elections shall be held for such office.If at the primary election no candidate receives such a majority,the two candidates receiving the two highest numbers of votes cast for the office shall be the only ones whose names appear as candidates for that particular office on the ballot for voting at the same time and place as the state -wide biennial general election of that year.The candidate who receives a majority of the votes cast at the state-wide general election for the office is elected to that office and is entitled to a certificate of election thereto. The term of office of an elected City officer who is elected at a biennial general November election or declared elected to the office after the primary election commences at the first January Council Meeting of the year immediately after the election and continues until the successor to the office assumes the office. (1) (2) Section 11.Appointive Offices. A majority of the Council may appoint and remove a City Manager,City Attorney and Municipal Judge.The majority may create,abolish and combine appointive City offices,provided,however,that the offices,of Municipal Judge shall not be combined with either the office of City Manager or City Attorney. View the mobile version. Attachment 3, Page 1 of 3 Springfield Municipal Code Previous SPRINGFIELD CHARTER SearchMainColiapse Print No FramesNextUp CHAPTER IV.POWERS AND DUTIES OF MAYOR AND COUNCIL Section 12.Operating Procedures and Policies. The Council shall approve and maintain operating procedures and policies annually. Section 13.Quorum. A majority of the Council constitutes a quorum for its business,but a smaller number of the Council may meet and compel the attendance of absent Councilors in a manner prescribed by the Council's rules. Section 14.Meetings. The Council shall meet regularly at least once a month in the City at a time and public place that the Council's rules designate.The Council may meet otherwise in accordance with the rules,which the Council shall adopt by Ordinance for governing its members and proceedings. Section 15.Record of Proceedings. The Council shall cause a record of its proceedings to be kept and authenticated in a manner that it prescribes. Section 16.Powers and Duties of the Mayor. The Mayor is the Chief Elected Officer of the City.The Mayor shall: (1 )Preside over the deliberations of the Council; (2)On behalf of the Council after consultation with the Council President,identify and oversee,the timing of issues to come to the attention of the Council; (3)Vote only in case of a tie; (4)Deliver an annual message to the Council at the start of each calendar year,including the condition of the City,financial and otherwise and recommend such measures for the peace,health,improvement and prosperity of the City as may be deemed expedient; Approve or disapprove all Ordinances as prescribed in Chapter IX Ordinance Appoint members of Committees as prescribed by the Council Operating Procedures and Policies; Sign such contracts and governmental agreements as directed by the City Council; Appoint special mayoral committees on matters of City wide concern. (5) (6) (7) (8) Section 17.Council President. At its first meeting in January after this Charter takes effect and thereafter at its first meeting in January of each odd-numbered year,the Council shall appoint a President from its Councilors.The Council President shall function as Mayor when: The Mayor is absent from a Council meeting,or The Mayor is unable to function as Mayor. (1) (2) The President of the Council shall not lose a vote while presiding,but shall not gain an additional vote by reason of presiding. Attachment 3, Page 2 of 3 Section 18.Vote required. Except as Sections 11,13,1 8,20,31 and 32 of this Charter provide otherwise,the express concurrence of a majority of the Council present when a quorum of the Council is present decides a question before the Council. Section 19.Vacancies—Occurrence. The position of Mayor or Council member becomes vacant upon the incumbent's: (1)Death; (2)Adjudicated incompetence; (3)Conviction of a felony while in office; (4)Unlawful destruction of City records; (5)Resignation; (6)Recall from the office; (7)Ceasing to possess the qualifications for the office; (8)Failure,following election or appointment to the office,to qualify for the office within ten days after the time for his or her term in office to begin; (9)Non-residence in the ward for Council members,or non—residence in the City for Mayor; (10)Unexcused absences from four consecutive regular Council meetings. Section 20.Vacancies—Filling. A vacancy in the Council or in the position of Mayor shall be filled by appointment by a majority of the Council. The appointee's term of office runs from the time of his or her qualification for the office after the appointment and shall continue until the beginning of the year following the next general biennial election and until a successor is qualified.The successor for the unexpired term shall be chosen at the next general biennial election after said appointment.During a Council member's disability to serve on the Council or during the member's excused absence from the City,a majority of the other members of the Council may by appointment fill the vacancy pro tern. View the mobile version. Attachment 3, Page 3 of 3