Vacancy in Office of Aldermen

On October 9, 2017, in Board of Aldermen, Municipal Election, by Mark Cookson
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We, the Board of Aldermen, are faced with a unique situation with the resignation of Alderman David Deane during our final meeting in September 2017.

The City Charter, Section 44 identifies the following procedure to address this vacancy.  Becuase the resignation occurred within 6 months or less of the end of the unexpired term, the vacancy shall not be filled before the next regularly scheduled municipal election.

Instead, the candidate who receives the most votes at the regular municipal election for the next term of the office which is then vacant, and who is not then an incumbent member of the board, shall be sworn in to complete the unexpired term as soon as the election results are final.

Regardless of the results of the Municipal Election on Tuesday, November 7, 2017, we will have a new member of the Board of Aldermen before the end of the year.


§ 44.Vacancy in office of aldermen*
Vacancies occurring in the office of alderman [aldermen] from any cause shall be filled as follows: If there is at least six (6) months and one (1) day remaining in the unexpired term, the
vacancy shall be filled by a special election held on a date determined by the board of aldermen which shall not be earlier than forty (40) days and not later than one hundred eighty (180) days after the vacancy occurs. All nominations for the office of aldermen shall be handled in the same manner as nominations for the office of aldermen at a regularly scheduled election with the exception that petitions and acceptances of nominations shall be presented to the city clerk not earlier than forty (40) days nor later than thirty (30) days before the election. If the vacancy occurs within six (6) months or less of the end of the unexpired term, the vacancy shall not be filled before the next regularly scheduled municipal election. The candidate who receives the most votes at the regular municipal election for the next term of the office which is then vacant, and who is not then an incumbent member on the board, shall be sworn in to complete the unexpired term as soon as the election results are final.

*Amended by R-04-126 approved by the voters on November 8, 2005. Filling-vacancies provision effective January 1, 2006.