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HomeMy WebLinkAboutItem 01 Mayor Vacancy Process AGENDA ITEM SUMMARY Meeting Date: 9/28/2020 Meeting Type: Work Session Staff Contact/Dept.: Nancy Newton/CMO Mary Bridget Smith/CAO Staff Phone No: 541-736-3700 Estimated Time: 30 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 the process for appointing an Interim Mayor and guidance on whether in the short term, the Council would like to develop a procedure for assisting the Council President. ISSUE STATEMENT: The Springfield Charter, state public records and meetings laws and the Council Operating Policies and Procedures govern the Council’s obligation to appoint an Interim Mayor. The Council has the authority to determine the Interim Mayor’s qualifications and develop its own process and deadlines for the appointment. ATTACHMENTS: Attachment 1: Council Briefing Memorandum DISCUSSION/ FINANCIAL IMPACT: Mayor Christine Lundberg submitted her letter of resignation on August 15, 2020 and the Council has had one previous discussion about appointing an Interim Mayor. A key part of determining the process for appointing an Interim Mayor will be whether the Council wants to appoint an Interim Mayor from amongst interested City Councilors or the public at large. Appointing from among the public at large will most likely be a longer process because it will require more information gathering about the candidates. Related to determining the appointment process, the Council could also develop a procedure for assisting the Council President while he is assuming the duties of the Mayor. The attached Council Briefing Memorandum outlines two potential processes for the Council to consider in their discussion for appointing an Interim Mayor and in addition two ideas for assisting the Council President in the short term. M E M O R A N D U M City of Springfield Date: 9/28/2020 To: Nancy Newton, City Manager COUNCIL From: Mary Bridget Smith, City Attorney BRIEFING Subject: Process Options for Filling Vacancy in Position of Mayor MEMORANDUM ISSUE: The Springfield Charter, state public records and meetings laws and the Council Operating Policies and Procedures govern the Council’s obligation to appoint an Interim Mayor. The Council has the authority to determine the Interim Mayor’s qualifications and develop its own process and deadlines for the appointment. COUNCIL GOALS/ MANDATE: Mandate This memo addresses the process for appointing an interim Mayor and two options for selecting a Councilor to assist the Council President in some of the Mayor’s duties while the Council is working through the process for appointing an Interim Mayor. Interim Mayor Appointment Process: The process for appointing an Interim Mayor requires that the Council act consistent with the Charter, state public meeting laws and the Council Operating Policies and Procedures. A key part of the process will be determining whether the Council will appoint a candidate from among interested sitting City Councilors or the community at large. The following outline sets out two potential processes. Option A: Candidate Appointed from Among the City Council Determine Candidates for Appointment:  Option 1: Councilors nominate candidates a regular session meeting o Councilors can nominate themselves o No second is necessary  Option 2: Councilors submit their interest in writing to the City Manager’s Office by a date certain set by the Council Gather information about candidate: Optional Candidates submit written answer to questions. Sample Questions (same questions used in Mayor Leiken 2010 process):  How do you see the role of Mayor?  Why do you want to be Mayor?  What strengths do you bring to the position?  What makes you the most qualified candidate? Discussion: Council holds discussion on candidates at a public meeting then moves on to a vote once discussion is over. Vote: The successful candidate must receive a majority of the votes (4 out 6). With the remote meeting format, the Council has been voting via roll call, but voting on a nomination is somewhat different than approving a motion. See below for options.  Option 1: Vote in the order candidates are nominated Attachment 1, Page 1 of 3 MEMORANDUM 9/28/2020 Page 2  Option 2: Vote in order submissions to written questions are received by the City Manager’s Office Narrowing Down candidates if no one receives a majority in the first round:  Option 1: Drop candidate with least votes and revote  Option 2: Instant run off of the two top nominees Swearing In: Interim Mayor is sworn in at next regular session to complete the current term. When the next term starts in January 2021, the Council may appoint the Interim Mayor to serve the new term or appoint another Interim Mayor. Option B: Candidate Appointed from the Community at Large This process would most likely include the Council finalizing the appointment process before accepting applications. Opening up the appointment process will most likely result in a larger candidate pool and most extensive process. The most efficient way to approach this process would be for the Council to determine and publicize the candidate qualifications and entire process before accepting any applications. Determine Candidate Qualifications: The Charter sets out some requirements for council members such as living in the city limits, disclosure of any adult felony convictions and not being an employee of the City. Otherwise, the Charter reserves any remaining qualification to the Council. For example, the Council could require that any potential candidates have previous volunteer experience or lived in Springfield for a certain amount of time. Determine Candidates for Appointment:  Option 1: Candidates submit their name as a candidate for Interim Mayor.  Option 2: Candidates submit their name along with written responses to a questionnaire to the City Manager’s Office. o Council finalizes questionnaire before submissions are accepted. o Sample Questions (same questions used in Mayor Leiken 2010 process).  How do you see the role of Mayor?  Why do you want to be Mayor?  What strengths do you bring to the position?  What makes you the most qualified candidate? Evaluate and Narrow Candidate Pool:  Applications are published in a Council packet.  Council evaluates and narrows down candidate pool at a public meeting. Gather Information about Candidate  Option 1: Candidates submit written responses to a questionnaire if not completed earlier in the process (see above for potential questions)  Option 2: Council interviews candidates at a public meeting  Interview questions agreed to by Council ahead of meeting Discussion: Council holds a discussion about candidates at a public meeting and moves onto a vote once the discussion is over. Vote: The successful candidate must receive a majority of the votes (4 out 6). Narrow Pool and Straw Poll Method:  Option 1- Narrow Pool and Straw Poll Method: It is likely that this process will result is a larger number of candidates and Council may want to narrow down the candidate pool before starting to vote. The Bend City Council did something similar when they Attachment 1, Page 2 of 3 MEMORANDUM 9/28/2020 Page 3 recently filled a council vacancy. After the interviews, the Council had 6 final candidates. Each Councilor named their top two candidates and the Council decided to move the top four on for further discussion and vote. The Council discussed a number of straw polls before taking an official vote.  Option 2: Rollcall vote in order written applications are submitted Narrow down candidate if no one receives a majority after the first round of voting.  Option 1: Drop candidate with the lowest votes and revote  Option 2: Instant run off between the two top candidates Agenda Review and Mayoral Duties Assistance: While the Council is determining the process for appointing the Interim Mayor, it has the option of changing its procedure to assist the Council President for setting agenda and handling other administrative duties associate with the Mayor. For example, the Springfield City Council has a practice of the Mayor and Council President meeting with the City Manager and City Recorder a few days before a council meeting to go through the upcoming Council agenda and address other administrative matters. This meeting is helpful in allowing the Mayor and Council President to discuss upcoming agenda topics with the City Manager. This type of meeting is fairly common in other jurisdictions and the court has previously found that it is not a public meeting subject to public meetings laws because the meeting is administrative and nature and the elected officials do not deliberate or gather information that they will use make a decision. There are two possible options for addressing this issue, a temporary change to the Council Operating Policies and Procedures to allow another Councilor to assist or reserve a section of the regular Council session to address these topics. Option A: Temporary Change to Council Operating Policies and Procedures The Council could temporarily amend the Council Operating Policies and Procedures to appoint a Councilor to assist the Council President until the Interim Mayor is appointed. Changes to the Council Operating Policies and Procedures requires a two-thirds vote of the Council present at the meeting. Section III(10) of the Council Operating Policies and Procedures provides that the senior member of the Council presides over meetings when the Mayor and Council President are absent; therefore, it follows that the Council could appoint the most senior Councilor to assist the Council President. If that person is not interested in the position, the Council could always elect another Councilor. If the Council would like to move forward this option, the City Attorney’s Office could bring a draft rule back for review at the 10/5/2020 council meeting. Option B: Address Council Business During Regular Session Another option would be to set aside time on a regular basis during the council meeting to allow the Council as a whole to address the upcoming agenda and other administrative matters. RECOMMENDED ACTION: Provide direction to staff regarding the appointment process for the Interim Mayor and whether the Council would want to develop a procedure for assisting provide temporary assistance to the Council President. Attachment 1, Page 3 of 3