5. Council Vacancy - Ward 1City of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Council Vacancy — Ward I
MEETING DATE: Monday, July 21, 2003
Tel 406.758.7708
Fax 406,758.7771
charball@kalispell.com
BACKGROUND: Don Counsell moved outside the jurisdictional boundaries of
Ward I and was therefore required to resign his post as Councilman for that Ward
effective June 181h. City ordinance addresses this issue as follows:
2-38.- Elected Officer Removal And Vacancy: The removal of any elected officer or
the filling of any vacancy in an elected office shall be conducted in accordance with
state law. (Ord. 1166 § 2-38)
The applicable state law is as follows:
7-4-4112. Filling of vacancy. (1) When any vacancy occurs in any elective
office, this position shall be considered open and subject to nomination and election at
the next general municipal election in the same manner as the election of any other
person holding the same office, except the term of office shall be limited to the
unexpired term of the person who originally created the vacancy. Pending such
election and qualification the council shall, by a majority vote of the members, appoint
a person within 30 days of the vacancy to hold the office until his successor is elected
and qualified.
(2) If all council positions become vacant at one time, the board of county
commissioners shall appoint persons within 5 days to hold office as aldermen. The
appointed aldermen shall then appoint persons to any other vacant elective offices.
(3) A vacancy in the office of alderman must be filled from the ward in which
the vacancy exists.
The plain language of the statute appears to require the Council to appoint
the successor, by majority vote of the Council, at this upcoming meeting. Four
parties have expressed their interest in this position, in writing to Council. The
method Council chooses to make this selection is not mandated. I would suggest
Memo re: Council Vacancy
July 17, 2003
Page - 2
that the slate of four candidates be placed before the Council for a voice vote by
motion and that then a second voice vote be taken on the two candidates that
receive the most votes on the first vote.
RECOMMENDATION: Council should appoint one of the four individuals who
have expressed interest in the position to fill the vacant Ward I Council position
until the successful candidate of the November election takes the seat in January,
2004.
FISCAL EFFECTS: None.
Respectfully submitted,
Charles Harball, City Attorney
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
Nazi S. Gabriel, APR I 27 June 2003 R t C E I V E D
01d CO-1 .Al
Public Relations
Media Relations
Communications
Special Events
Marketing
Photography
Phone:
406.257.4122
Cell:
406.249.7800
Fax:
406.257.4213
'Email:
sitka@digisys.net
Kari S. Gabriel
312 Northridge Drive
Kalispell, MT 59901
The Honorable Pam Kennedy, Mayor
Mr. Chris Kukulski, City Manager
City of Kalispell
312 11 Ave. East
Kalispell, MT 59901
Dear Mayor Kennedy and Manager Kukulski:
910 3 JUL 10 AM, 8: 57
{ALISPELL CITY CLERK
I am writing to express my interest in the Ward 1 city council position vacated by Don
Counsel.
I have 15 years of experience in public relations, marketing, retail, and advertising
management. Prior to relocating to the Flathead Valley, I managed public relations for
the University of Alaska Southeast, and public relations and retail activities for a non-
profit organization, both located in Sitka, Alaska. I moved to Kalispell six years ago, to
oversee marketing, public relations, and customer service for Flathead Valley
Community College.
My position at FVCC involved working to create a unified image, internally and
externally, standardizing all publications and messages, and collaborating with many
players in the development and implementation of a recruitment plan. I performed all
public relations duties, including marketing and customer service, including serving as
college spokesperson with the ultimate responsibility for the organizations' public image
and brand. Recently completing five years on the Kalispell Chamber's Leadership
Flathead Committee, I continue to serve the chamber as an Ambassador.
You will find that I have a results -driven attitude, a strategic mindset, and strong
communication and interpersonal skills. I am a high-energy, resourceful player, adept at
conceptualizing and generating new ideas to achieve organizational goals.
I am confident in my abilities to serve out Mr. Counsel's term for Ward 1. After living
and working here for the past six years, I am vested in this community.
Thank you for the opportunity to apply. I welcome any questions that either of you or the
Council may have. Please feel free to contact me at 249-7800 (cell) or 257-4122 (home).
Sincerely,
Kari S. Gabriel
312 Northridge Drive
Kalispell, Montana 59901
RECEIVED
2ql 1 j U N. 24 F�'� l . r'i5
A,USt ELL Wy CLERK
June 25, 2003
Honorable Mayor Pam Kennedy
City of Kalispell
312 1 "Avenue East
Kalispell, Montana 59901
RE: Ward One council vacancy
Dear Mayor:
I am submitting my request for consideration of appointment to the unexpired term of
Mr. Donald Counsell, councilman ward one, City of Kalispell.
I have been a resident of Kalispell and ward one for the past 26 years. I operate my
business, Mike Grachek Insurance at 409 1' Ave. East, Kalispell. My wife Connie and I
have raised our family in Kalispell and feel fortunate that two of our children have been
able to remain in Kalispell and are now raising their families.
My desire to receive this interim appointment to the council is a way of saying thank you
to the city that has provided us with a quality of life we have appreciated. I have been
interested and involved with city and county matters and feel I can represent the citizens
of ward one for this short but important period until a new councilman is elected. I am
not a candidate for this position but would appreciate this experience serving on the
council.
If you have any questions regarding my position on issues or ideas, please call me at 755-
4000. I thank you in advance for your consideration of my request.
Sincerely Yours,
PJ1113'rachek
121 Garland Street
Kalispell, Montana 59901
RECEIVED
20nj3 gi —1 AH II~: 13
KALISPELL CITY CLERK
June 28, 2003
Mayor Pamela B. Kennedy
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
RE: Kalispell City Council
Temporary Appointment Ward I
Dear Pam:
Jean A. Johnson
445 West Arizona
Kalispell, Montana 59901
Cell # 406.261.2491
Work #406.755.8707
I would like to be considered to fill the remaining term of Councilman Counsell's vacated position.
A large portion of the Ward I voters supported my efforts in the last Mayoral election and I am a
registered candidate for the Ward I position in the fall election.
I have extensive experience in the Kalispell planning process and several years of experiences on
the Kalispell Board of Adjustment. I feel that I have a good grasp on City government and could
contribute to the on -going city efforts.
Thank you for your consideration.
Very truly yours
BY:.
Jea N . Johnson
c: Chris A. Kukulski, City Manager
shelleyhydocumenMetters
RECEDED
2003 JUN 30 AM 10= 01
KALISPELL CITY CLERK
1
Mayor Pamela B. Kennedy
Kalispell City Council
I am very interested in being appointed to the interim city
council position for Ward 1. I live in Ward 1 at I I I Hilltop Ave. I
understand that this is an appointment that will expire December
31, 2003. Please consider me for this community service position.
Thank you,
Ted Poler
257-0460