HomeMy WebLinkAboutItem 02 Potential Springfield Charter Amendment
AGENDA ITEM SUMMARY Meeting Date: 2/22/2021
Meeting Type: Work Session
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541-744-4061
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: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE: POTENTIAL SPRINGFIELD CHARTER AMENDMENT FOR FILLING MAYOR
AND COUNCILOR VACANCIES
ACTION
REQUESTED:
Provide feedback and guidance about options for a potential Springfield Charter
amendment regarding the process for filling Mayor and Councilor vacancies.
ISSUE
STATEMENT:
Should the Springfield Charter be amended to provide a time limit for the Council to
make an appointment for filling a vacancy and/or should the Charter allow for
successor elections to occur more often than the general biennial election?
ATTACHMENTS: Attachment 1: Council Briefing Memorandum
Attachment 2: Sample Charter Provisions
DISCUSSION/
FINANCIAL
IMPACT:
The purpose of this item is to provide the Council with an opportunity to discuss a
potential Springfield Charter amendment for filling Mayor and Council vacancies.
The most recent vacancy created a situation where the Council operated without a
Mayor for a number of months and the newly appointed interim Mayor will hold
office for close to two years before the elected successor’s term will begin.
Some members of the community have brought forward concerns about the Charter
not providing a time limit for the Council to appoint an interim Mayor or Councilor.
Second, they are concerned that long term interim appointments result in the
appointed person being elected similar to an incumbent candidate.
Charter amendments require voter approval and a governing body like the City of
Springfield can refer a ballot measure to the public or citizens can also utilize the
initiative process to place a proposed Charter amendment on the ballot.
Some city charters place a time limit on filling vacancies and there are other options
for holding a successor election other than the general biennial election.
M E M O R A N D U M City of Springfield
Date: 2/16/2021
To: Nancy Newton, City Manager COUNCIL
From: Mary Bridget Smith, City Attorney BRIEFING
Subject: Charter Amendment Vacancy MEMORANDUM
ISSUE: Should the Springfield Charter be amended to provide a time limit for the Council to
make an appointment for filling a vacancy and/or should the Charter allow for successor
elections to occur more often than the general biennial election?
COUNCIL GOALS/
Provide Financially Responsible and Innovative Government Services
Background: The recent Mayor vacancy created a situation where the Council operated
without a Mayor for a number of months and the newly appointed interim Mayor will hold
office for close to two years before the elected successor’s term will begin. The current
Springfield Charter does not set a time limit on when the Council must appoint an interim Mayor
or Councilor and states the successor does not start serving until the year following the next
general biennial election.
Some community members have brought forward concerns about there not being a time limit for
the Council to make appointments. They also raised a concern that long-term appointments
result in the appointed person being elected as the successor because they have already served
for a significant amount of time and can be viewed by the general public as similar to an
incumbent candidate.
The purpose of this memo is to set out some options for the Council to consider with regard to
setting a time limit on making appointments and when an election for the remaining term can
occur. Note that communities approach this issue in a variety of ways and the results will often
depend on the circumstances of a particular vacancy. The charter provisions set out in this
memo were selected because these communities have recently dealt with this issue, were
examples brought forward from the members of the public or are similar to references listed on
the League of Oregon website. Finally, the memo provides a brief overview of the Charter
amendment process.
Time Limit on Filling Vacancy by Appointment: The following is a summary of example
charter time limits for filling a vacancy.
Bend - within 30 days
Eugene - within 90 days
Metro - within 90 days
Sherwood - within 45 days
Model Charter- no time limit
Election Provisions: The following is a summary of the corresponding charter election
provisions along with some factors for Council consideration:
Bend
Charter Election Provision Summary: If no appointment within 30 days of vacancy, an election
occurs at “next available election” “as provided by state law,” as long as election is before
expiration of predecessor’s term. Elected person takes office as soon as qualified after election.
For vacancies filled by appointment, election is required if there is a general election between
the appointment and the end of the term.
Attachment 1, Page 1 of 3
MEMORANDUM 2/17/2021 Page 2
Requires election if Council does not act within certain time and clearly defines
when the election would be held
Provides flexibility of appointment or election
Appointee may serve for a long time (up to 2 years) if vacancy occurs at
beginning of a term, or right after the general election halfway through the term
Note that Bend has separate vacancy provisions for Councilors and Mayor. This analysis uses
the Council provisions and is intended to apply to both Springfield Mayor and Councilors
because the Springfield Charter uses the same provisions to address both types of vacancies.
Eugene
Charter Election Provision Summary: If vacancy occurs more than 100 calendar days prior to
the May election of any year, the election shall be conducted at that May election. If vacancy
occurs less than 100 days prior to the May election, the election occurs at the May election in the
following year. Assumes office July 1 and serves the remainder of the term. Except if vacancy
occurs in year 4, then appointed person just serves the remainder of the term.
Allows successor elections to occur at May primary election
Successor assumes office in July instead of waiting until January
Vacancies in the second half of the term would result in appointee serving a
longer amount of time similar to our current Charter
Metro
Charter Election Provision Summary: Election required if more than 20 days before the first
general election in that term (i.e. the November election halfway through a four-year term). In
that case, election occurs at November election and elected person takes office the next January.
While limited to only general elections, the wording helps clarify there is no
election if general election is right at the end of the 4-year term, since the term
would end in January anyway
Clarifies timing required to meet election deadlines for filling vacancy
A vacancy occurring on day 21 before a general election in practice is probably
not enough time to publicize the vacancy for people to file an intent to run, etc.
Appointee may end up serving long amount of time (2 years) if vacancy occurs
at beginning of term, or right after the general election halfway through the term
The effect is not significantly different than our current charter, because under
our current charter the only time an interim councilor/mayor is elected is during
a general election that falls halfway during the predecessor’s term
Sherwood
Charter Election Provision Summary: An election is required if there are 13 months or more left
in the term. The election is held at the “next available” election date and the elected successor
serves the remainder of the term.
Sets maximum upper limit on how long an appointee can serve to ensure that
appointees are not filling most of a 4-year term
Gives more opportunities for election to fill remainder of term, since not
required to be a general election
No election required if elected person would only serve a very short amount of
time
Does not define “next available election,” but probably follows state law given
charter provision referencing that elections follow state law
Leaves up to interpretation whether state filing deadlines for candidacy
determine the “next available election”
Appointed mayors may end up only serving a few weeks, due to short timeline
for making appointment (45 days), but quick election timing (election dates
occur about every three months)
Attachment 1, Page 2 of 3
MEMORANDUM 2/17/2021 Page 3
Model Charter
Charter Election Provision Summary: Vacancy is filled by appointment by a majority of the
remaining Council members and term of office runs from appointment until the term expires.
No provision for election if vacancy occurs early in the term
No time limit on making an appointment
Model Charter intended to be a starting place for a city to make policy decisions
and is not meant to be sent to the public for approval without discussion relating
to the specific city
Election Costs: ORS 254.046 states that if a city holds a special election on a date other than the
primary election or general election, it shall bear the expense of the election. The cost of a
special election varies based on multiple factors such as time of year, jurisdiction size and the
number of measures on the ballot. Lane County Elections relayed to the City that the most
recent “stand alone” special election for a similar jurisdiction was approximately $60,000. In
2019, there was an election shared between three jurisdictions that totaled $179,000.
Charter Amendment Process: Charter amendments require voter approval. The City Council
can initiate a proposed amendment by passing a resolution referring a ballot measure to the
voters for approval. Community members may also utilize the initiative process to put forward a
charter amendment by gathering and submitting the required number of signatures (15% of
registered voters for city measures - approximately 6,340). Ballot measures are due to Lane
County Elections by February 26th for the upcoming May election and August 13th for the
November election.
RECOMMENDED ACTION: Provide direction on potential Springfield Charter amendment
for filling vacancies.
Attachment 1, Page 3 of 3
SAMPLE CHARTER PROVISIONS
City of Springfield Charter
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.
City of Bend Charter
Section 22 – Filling Vacancies
(1) A vacancy in the council shall be filled within 30 days by appointment by the council. If the council
does not fill the vacancy by an appointment within 30 days, then the vacancy shall be filled at the next
available election as provided by state law, provided that election is before the expiration of the term of
the predecessor councilor who left the office vacant. The term of the person elected shall begin when that
person qualifies for office after the election, and shall end upon the expiration of the term of the
predecessor councilor who left the office vacant.
(2) The term of a person appointed by the council to fill a vacancy shall begin when the appointee
qualifies for the office after the appointment, and shall expire at the expiration of the term of the
predecessor council member who left the office vacant, or at the annual meeting immediately after the
next general election, whichever happens first. If a general election occurs after the vacancy is filled by
appointment, but before the expiration of the term of the council member who left the office vacant, then
the position shall be filled at such intervening general election. The person receiving the most votes for
mayor or the vacant numbered councilor position at such intervening general election shall serve until the
expiration of the term of the predecessor council member who left the office vacant.
(3) A vacancy in the office of the mayor or mayor pro-tem shall be filled by appointment by a majority
of the council, with the term of such appointment to expire at the time a mayor is elected and assumes the
duties of the office, as provided in Section 22(2), or at the time a mayor pro-tem is to be appointed by the
council, as provided in Section 9. Appointment of a sitting councilor to fill a vacancy in the office of
mayor or mayor pro-tem shall not extend the term of a councilor appointed to fill the vacancy.
Appointment of a sitting councilor to fill a vacancy in the office of mayor shall create a vacancy in the
councilor’s former seat, to be filled as provided in this Section 22. (Amended by voters on May 18, 2004,
and May 15, 2018)
City of Eugene Charter
Chapter VI. Section 24. Vacancies – Filling.
Vacancies - Filling.
(1) The Eugene Water & Electric Board shall fill a vacancy on the board by appointment within ninety
days after the vacancy occurs.
(2) The council shall fill a vacancy in any other elective city office by appointment within ninety days
after the vacancy occurs. A person so appointed shall hold office until the successor to the office is duly
elected and qualifies therefor.
(3) If the position of a city councilor or mayor becomes vacant more than 100 calendar days prior to the
May election of any year, an election to fill that vacancy shall be conducted in the same year. If the
position of city councilor or mayor becomes vacant less than 100 days prior to the May election of any
year, the election to fill that vacancy shall be conducted the next year. If a candidate for election to a
vacated position achieves a majority of all votes cast for that position in the May election, that candidate
shall assume office the following July 1, notwithstanding Section 21 of this charter. The term of office of
any person elected to fill a vacancy shall expire when the term of the vacated position expires.
Attachment 2, Page 1 of 2
(4) Notwithstanding subsection (3), if the election required by this Section 24 would occur in the fourth
year of the term of the vacated position, then no election to fill the vacancy will be held. Instead, the
individual appointed under subsection (2) will remain in office through the expiration of the term of the
vacated position.
Metro Charter
Section 23. Filling Vacancies. A majority of Councilors holding office shall fill a vacancy by appointment
within 90 days after it occurs. The term of office of the appointee runs from the time he or she qualifies
for the office after appointment until a successor is duly elected and qualifies for the office. If the vacancy
occurs more than 20 days before the first general election after the beginning of the term for that office,
the term of office of the appointee runs only until the first Council meeting in the year immediately after
that election. A person shall be elected for the remainder of the term at the first primary or general
election after the beginning of the term.
City of Sherwood Charter
Section 32. - Filling Vacancies.
(a) A mayor or councilor vacancy shall be filled by appointment by a majority of council within 45 days
of the date of vacancy. The appointee's term of office runs from appointment until the vacancy is filled by
election or until expiration of the term of office if no election is required to fill the vacancy.
(b) An election is required if 13 months or more remain in the office term. The election must be held at
the next available election date. The person elected will fill the vacancy for the remainder of the term.
Attachment 2, Page 2 of 2