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
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SPRINGFIELD CHARTER
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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.
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Attachment 3, Page 1 of 3
Springfield Municipal Code
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SPRINGFIELD CHARTER
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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.
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Attachment 3, Page 3 of 3