Per 8-112, governing body action isn’t needed or of any legal effect. Let the same statute, a resignation with an effective date is effective on that date (and can be withdrawn at any point prior to that date). Per 8-109(A), the 60 days starts when the vacancy has occurred.
So after 60 days from when the vacancy occurs, the council is obligated to start the election process. If you’re asking if you can start that early, the statute is silent. I could argue that the council voting to call the election early effectively is a final decision to foreclose their right to fill the vacancy. I could also argue that they can’t start the process until after 60 days.
Depending on the availability of an election date, and the ability to cancel the election should the council change its mind, perhaps you could vote to call the election to start the process if the council could cancel it if it changes its mind during the 60 days.
Sent from Matt’s iPhone
On Apr 20, 2023, at 9:57 PM, Kay Robbins Wall lkrw@sbcglobal.net wrote:
Fellow Attorneys:
I have had a Resignation from a Council member, with a date on his resignation.
A few days later, the Council met in a special meeting to Acknowledge the Resignation, and advertise for applications to fill the vacancy by appointment.
Should the Council decide to vote to allow the vacancy to remain, and not fill by appointment, thereby necessitating an election, do I say we have to wait until:
a. 60 days after the date on his resignation? or
b. 60 days after the date of the special meeting to acknowledge the resignation? (My choice, but just wanting to be sure)
Thanks,
Kay Wall
Eufaula
918.689.7737 office
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Per 8-112, governing body action isn’t needed or of any legal effect. Let the same statute, a resignation with an effective date is effective on that date (and can be withdrawn at any point prior to that date). Per 8-109(A), the 60 days starts when the vacancy has occurred.
So after 60 days from when the vacancy occurs, the council is obligated to start the election process. If you’re asking if you can start that early, the statute is silent. I could argue that the council voting to call the election early effectively is a final decision to foreclose their right to fill the vacancy. I could also argue that they can’t start the process until after 60 days.
Depending on the availability of an election date, and the ability to cancel the election should the council change its mind, perhaps you could vote to call the election to start the process if the council could cancel it if it changes its mind during the 60 days.
Sent from Matt’s iPhone
> On Apr 20, 2023, at 9:57 PM, Kay Robbins Wall <lkrw@sbcglobal.net> wrote:
>
>
> Fellow Attorneys:
>
> I have had a Resignation from a Council member, with a date on his resignation.
> A few days later, the Council met in a special meeting to Acknowledge the Resignation, and advertise for applications to fill the vacancy by appointment.
> Should the Council decide to vote to allow the vacancy to remain, and not fill by appointment, thereby necessitating an election, do I say we have to wait until:
>
> a. 60 days after the date on his resignation? or
>
> b. 60 days after the date of the special meeting to acknowledge the resignation? (My choice, but just wanting to be sure)
>
> Thanks,
>
> Kay Wall
> Eufaula
> 918.689.7737 office
> --
> Oama mailing list -- oama@lists.imla.org
> To unsubscribe send an email to oama-leave@lists.imla.org
