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Home My WebLink About1995-07-24 95-339 ORDERCOUNCIL ACTION Date: July 39, 1995 Item No. 95-339 Item/Subject: Order, Proposing Amendment to the Bangor City Charter, Article II, Section 9 -- City Council -Vacancies, Forfeiture of Office Responsible Department: Legal The auec4d Psopaad amemdmwt ro da City Charts dmi h% she Psaadmes m be ¢ d w Lllmg may vecavry which svight maw Mile City Cmmcg. [Imdmde cm,em Chang pmvidom the Ca,... wmthmld aapendelecdw dmiavm ommasi: moods Psior to the gat reBWmly schMW led daow. the Pmpmed Chmsa dmg makes Ne fofioxwg shsx a�usrmems: f navregdm Ciryelavaeo eyoaavasrs mwdspnmmdcvmmal avp'vatiwofasmm ofol5ce, devazmrysbafibe filldaz thevw. 2. Ifavmamyoaave nmrtdwaumoolhs P^oetaPoea'Wba4wofatam Mo[Scq slW vssavey shall be fitld a[eidwr Poe ve# regdm City decfiw m, m tlm dsemdw of the City Camcg, az a spaial el¢Gw m be called for dm[ pvrpox 3. feavecweywmva within mvetydeys pnw to fhevwregdar City deatioq mdlhevacaw is fw apoeVim which wadd vot aammyexpire az th& 4mgthevacm y wJIM heW ovaavd filled mthe ual:egdar City elxtiw m az a :Paid elecOw m be called by the City Gumcg. ]heomdleffcfofddechmgmbbgive the Cowdl geatmflesibghymeithercallivg Waepecial elecdam mhvWmg wa avuauybticeueas gWar Cityelxtw. Iv ddiSm, itm 3, abosw wJl msnre that shwldavaca y«uuwiNiv vivetydays of a xheAikd elafioq tlw Pr®Yw xwld va fie filled m that dcdw amce the wwty days vmmelly rePsesmm de daze at which vaminesmgpetidws mmstbe fild. /3, ne a Manager's Comments: This change has been recosmmended by the CounciPs Charter Committee. This item appears on the agenda at this time for purposes of scheduling a public hearing. Should the Council wish to proceed with a public hearing, I would recosmiend that the hearing be set for the August 7, 1995, Council meting. ( a. Associated Information: oyjkl Budget Approval: FIN T eCTOR Legal Approvals Introduced For "�— _ Passage _ First Reading page_of — Referral 1 x A" a c 95-339 AnhnM to Cowden Cohen July 24, 1995 CITY OF BANGOR (pp.� proposing Amendment to the Bangor City Charter, QIR6drBY'c �t"7"e'ec}Son 4 -- City CouncilWac ncies, Forfeiture of Office. By As COU Couxml of ale Oft Of Besse: ORDERED, THAT WHEREAS, the Bangor City Charter currently requires that a special election be held to fill a vacancy on the Council if such vacancy occurs more than six months prior to the next regular municipal, election; and WHEREAS, historically, turn -out at special elections has been quite low; and WHEREAS, the coat of a special election is often not anticipated in the annual City budget; and wSSSlmS, the City Council should be provided with flexibility in calling for a special election or holding over the .vacancy until the next regular election; and WHEREAS, it is necessary to clarifythat a vacancy which occurs within 90 day prior to the next regular city election be held over to either a special election or the next subsequent City election in order to ensure fairness to all individuals who might be interested in seeking a position on the Council and in recognition of the date on which nominations to the Council are closed; NOW, THEREFORE, By THE CITY COUNCIL OF THE CITY OF BANGOR, be it ordered than The following amendment to Article II, Section 4 of the Bangor City Charter be placed on the ballot of the next regular municipal election to be held on November ], 1995, for approval by the qualified voters of the City of Bangor in accordance with Title 30-A, N.R.S.A. Sections 2104)1) and 2105: 95-339 ARTICLE II CITY COUNCIL SECTION 4 VACANCIES, FORFEITURE OF OFFICE Article II, Section 4, of the Bangor City Charter is hereby repealed and replaced with the following: Sec. 4 Vacancies, forfeiture of office. (a) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the City Council, occurring within six months prior to the normal expiration of the term of office to which the member concerned was last elected, shall be filled at the next regular City election. The Council member so elected shall serve a full Council tern. (b) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the City Council, occurring more than six months prior to normal expiration of the term of office to which the member concerned was last elected, shall be filled at the next regular City election or, in the discretion of the City Council, at a special election to be called for that purpose. The warrant for such special election shall upon vote of the City Council be issued by a member of the City Council by vote designated for that duty. The Council member so elected shall serve out the remaining unexpired term of the Council member whose death, resignation, removal from the City or removal from office created the vacancy. In the event a vacancy to be filled under this subsection (b) shall occur within 90 days prior to the next regular City election, the vacancy shall be held over to be filled at the next successive regular City election, or n the City Council's discretion at a special election to be called for that purpose. No special election called under this subsection (b) shall be held sooner than 90 days after the date the vacancy concerned occurs. AND BE IT FURTHER ORDRRRD THAT: Pursuant to 30-A, N.R.S.A. Sections 2104(6) and 2105(2), the form of the question to be submitted to the voters shall be as follows: QUESTION (CITY CHARTER AMENDMENT) "Shall the proposed City Charter amendment summarized below he approved and adopted by the City of Bangor?" "5ujWs y: Article II, Section 4 of the Bangor City Charter currently requires the City Council to call a special election to fill a vacancy on the Council which occurs more than six months prior to the next regular municipal election. The proposed amendment will allow the Council the option of filling such 95-339 vacancy either at a special election or at the next regular municipal election. The amendment also requires that any vacancies which occur within ninety (90) days of the next regular election be held over to either a special election or the next successive regular election unless such vacancy is for a Council term which normally would expire at the next regular election." The City Clerk is hereby directed to take all necessary action consistent with this Order. E INCITYCOUNCIL 95-339 July 26;1995 '_ O R D E R Passed Public Rearing,Eet for - Au t I4, 1995- - Title, Proposing Amendment to the Bangor City Charter. Article II, Section 6 - City C fl V ancien. Po[f¢i[ute f Office. TYC E .................. .. t Mpedto A/erip��ed^� ^K'Il^J - Cowcilman,