05/29/1984 Meeting (2) - Laserfiche WebLink

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e e - Councilor Hansen asked for an update on the existing rules by charter for the replacement of a councilor who resigned before the end of a term. Mr. Sercombe stated that much of what was stated in Sections 23 and 24 of the charter were included in the ordinance. He said the council must make the appointment within 90 days of the day of the vacancy. He explained that subparagraph (7) of the proposed ordinance included wording directly from the charter. Other pertinent items in Sections 23 and 24 were the charter requirements for qualifications for a councilor, that of being a resident of Eugene for one year prior to the appointment or election, being an elector of the state, and residing in the ward being represented. He said the charter also talked about the duration of the term of the person appointed. In response to a question on the voting process, Mr. Sercombe stated that Section 17 of the charter allowed the mayor to vote to break a tie on any matter before the council. Addressing the draft ordinance, Councilor Holmer stated that subparagraphs (1) and (2) used language different than that used in the charter for describing the individual's elector status. He asked if there was any distinction between the three terms used. Mr. Sercombe responded that there were state requirements for being a qualified or legal elector, therefore the terms were synonomous. Mr. Holmer asked for clarification on the subparagraph (1) phrase 1I0r whenever that office is declared vacant." Mr. Sercombe stated that it was a part of Section 23 of the charter, explaining that the office of councilor could be declared vacant whenever its incumbent failed to attend two consecu- tive regular meetings of the council unless leave was first obtained from the council. Mr. Holmer commented that the draft ordinance did not address the issue of a councilor being disqualified for any reason as previously suggested by the council. Mr. Sercombe responded that staff had revised subparagraph (7) to include the disqualification term along the lines suggested by council. He said he was unsure what circumstances beyond those mentioned in Section 23 would allow the council to declare any seat vacant. Mr. Holmer asked if it would be possible to shorten the period of application as listed in subpara- graph (3) to 10 days, it already having been shortened from 45 to 20 days. Mr. Sercombe said the language addressed the question of beginning the selec- tion process before the position actually became vacant. He said 10 days might be adequate if the council wished to search out qualified applicants prior to the vacancy; however, he said one problem having occurred in the past was insufficient time for neighborhoods to use newsletters to search out applicants. In response to a question by Mayor Keller, Mr. Holmer stated that the sugges- tions for shortening the process were not exclusively his. Mr. Gleason stated that a practical problem had occurred in filling previous vacancies, explaining that obtaining applicants was usually more difficult than expected. Mayor Keller said he was concerned that a 20-day time period for applications might be inadequate, stating that the council allowed 30 days for application to its own boards and commissions. Mr. Holmer said it should be easier to recruit applicants to the more prominent position of councilor. He said the period could be extended later if necessary, but he wished to retain the language as drafted. Mr. Hansen said the council appeared to be discussing the issue before the public hearing was held. He felt that circumstances . surrounding any resignation would dictate the action to be taken at that MINUTES--Eugene City Council May 29, 1984 Page 5