F/1. City Council AppointmentREPORT TO:
FROM:
SUBJECT:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Filling of Vacancy on City Council
MEETING DATE: October 15, 2001
BACK GROUND: Attached is a memo from Acting City Attorney, Charlie Harball outlining the legal
ramifications of Doug Scarff's resignation from the City Council. The law is fairly simple in this case. The
Council, by a majority vote, must appoint a person to fill the vacancy within 30 days of the vacancy. The
newly appointed individual will hold the position until the neat general election.
This should be a fairly simple process to complete due to the fact that there is only one eligible
candidate seeking election to represent Doug's ward. Both Doug Scarff and Jason Peters will be on the
ballot, however, Doug is ineligible because he no longer resides within Ward 4. Jason Peters is aware of the
situation and is able and willing to represent Ward 4 at the Councils direction effective October 15 or
November 5.
However, if the Council is not unanimous in its decision to appoint Jason Peters. The Mayor and
Council Members should bring forward names in order to develop a slate of candidates. Per MCA 7-4-4112
the individual receiving a majority vote,of the Council will fill the vacancy.
RECOMMENDATION: The City Council must appoint an individual to fill the current vacancy in Ward
4 prior to November 1, 2001.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
C� r% JA-
Chris A. Kukulski
City Manager
None
As suggested by the Council.
v4.lh..9oA:
Report compiled October 10, 2001
MEMORANDUM
DATE: October 2, 2001
TO: Chris Kukulski, City Manager
FROM: Charlie Harball
Acting City Attorney
RE: Filling Vacancy on Council Left by Resignation of Doug Scarff
Kalispell City Ordinance directs 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)
State law directs as follows:
MCA $ 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 ofanv 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 qualifed.
(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 ofice of alderman must be f lled from the ward in which the vacancy
exists.
This appears to be the entire law that applies to the filling of Scarff s vacancy and is fairly
straightforward. Council should be advised to be prepared to hold a vote at the October 15ffi
meeting to make its appointment. You may wish to poll the council members regarding the slate
of nominee(s) beforehand just in case one of the members has someone in mind other than the
individual currently on the ballet.