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HomeMy WebLinkAbout2018-08-03 Resolution DEFEATED J/72 Resolution No. Resolution giving notice of intent to make an appointment to fill the vacancy created by Kingsley Botchway il's resignation Whereas, Kingsley Botchway II resigned as a council member of the City of Iowa City effective July 17, 2018; and Whereas, the City Council desires to fill the vacancy created by Kingsley Botchway II's resignation by appointment at its meeting on September 4, 2018 as provided by Iowa Code §372.13 (2017), Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council intends to fill the vacancy created by the resignation of Kingsley Botchway II by appointment at its meeting on September 4, 2018; and, 2. The City Clerk is directed to post and publish notice of the Council's intention to fill the vacancy created by Kingsley Botchway II's resignation, as required by law and in a form substantially similar to the Notice attached hereto. Passed and approved this day of , 2018 Mayor A proved y: 7- 21, - i g City Attorney's Office Attest: City Clerk It was moved by , and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Thomas Throgmorton v • NOTICE OF INTENT TO APPOINT COUNCIL MEMBER CITY OF IOWA CITY, IOWA The City of Iowa City City Council hereby gives notice that the position of council member of the City of Iowa City, Iowa is vacant and that the Council intends to fill the vacancy by appointment at a special meeting of the Council, beginning at 7:00 p.m. Tuesday, September 4, 2018, at City Hall, 410 East Washington Street, Iowa City, Iowa. This meeting will be a public meeting. Any qualified person interested in being appointed council member is encouraged to submit their name to the following address: Ms. Kellie K. Fruehling, Clerk CITY OF IOWA CITY, IOWA 410 East Washington Street Iowa City, Iowa 52240 email: kellie-fruehling@iowa-city.org Candidates may submit a cover letter, resume, and/or other statement of qualifications and relevant experience if they desire. Candidates are not required to be present at the October 2 meeting, but the Council may permit candidates in attendance to make oral presentations. Provided, however, that if within 14 days after publication of this notice or within 14 days after the appointment is made, a petition is filed with the City of Iowa City City Clerk pursuant to Iowa Code §372.13 (2017) requesting a special election to fill the vacancy, the appointment by the Council shall be temporary, and the Council shall call a special election to fill the vacancy permanently. This notice is given pursuant to Iowa Code §§ 362.3 and 372.13. Dated at Iowa City, Iowa, this day of , 20_. /s/ Kellie K. Fruehling, Clerk CITY OF IOWA CITY, IOWA 410 East Washington Street Iowa City, Iowa 52240 email: kellie-fruehling@iowa-city.org 43 Resolution No. 18-216 Resolution setting a special election to fill the vacancy created by Kingsley Botchway II's resignation Whereas, Kingsley Botchway II resigned as a council member of the City of Iowa City effective July 17, 2018; and Whereas, the City Council desires to fill the vacancy created by Kingsley Botchway II's resignation by special election on October 2, 2018, as provided by Iowa Code §372.13 (2017), Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. A special election shall be held to fill the vacancy created by the resignation of Kingsley Botchway II; and, 2. The City Clerk is directed to provide a certified copy of this Resolution to the Johnson County Auditor and request that a special election be set for October 2, 2018 to fill the vacancy created by Kingsley Botchway II's resignation. Passed and apprrooved this 3rd day of August , 2018 4."....--• G . Mayor // Attest:C/4e _ o. . kftre_ City Clerk •.roved By: / d_ 2 2— a/.,, -IF City Attorney's Office It was moved by Salih , and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor X Thomas x Throgmorton 07-19-18 City of Iowa City 1P2 MEMORANDUM Previously distributed in the 7-19-18 Council Information Packet Date: July 19, 2018 To: City Council From: Eleanor M. Dikes, City Attorn Re: Filling Council Vacancy Summary The Iowa Code sets the rules for filling a vacancy on the City Council. (Section 372.13(2)). Councilor Botchway was elected in November of 2017 for a four-year term (2018-2021). He resigned effective immediately on July 17, 2018 and the vacancy occurred on that day. Vacancies are filled by appointment or special election. If the Council chooses to fill the vacancy by appointment the public may petition for a special election. An appointment lasts until the next regular city election in November 2019 when the vacancy would appear on the ballot. If there is a special election the person elected will complete Mr. Botchway's term. The Council's first task will be to hold a meeting to decide whether to fill the vacancy by appointment or special election. Filling Vacancy By Appointment 1. A notice will be posted and published declaring the Council's intent to fill the vacancy by appointment. The notice will include the date, time and place of the meeting at which the Council will make the appointment and the right of eligible electors (persons with qualifications to vote (e.g. citizenship, residency, age) whether or not registered to vote)to petition for a special election. 2. Council can determine its own process for identifying potential candidates and should include that process in the notice of intent to appoint. 3. Council can make the appointment after the notice is published and must make the appointment within 60 days of the vacancy (by 9/15/2018) 4. A petition will trigger a special election if signed by the requisite number of eligible electors (signatures equal to 10% of the votes cast for all candidates for the office at the last regular city election; if more than one position for the office was being filled - 10% of all votes cast for candidates for the office divided by the number of seats to be filled). 5. Staff has calculated the number of signatures required to be 637 (12,732(votes cast for 3 candidates)/2(open seats)X 10%). The petition requirements are found at Iowa Code Section 362.4 (must include signatures, place of residence and date of signing) 6. A petition requesting a special election may be filed with the City Clerk 14 days after the notice is published OR 14 days after the appointment is made. 7. If a valid petition is filed the Council must schedule a special election at the earliest practicable date and must give the Johnson County Auditor notice of the calling of a special election at least 60 days prior to the date of the election. July 19, 2018 Page 2 Filling Vacancy by Special Election 1. Special election must be held at the earliest practicable date. 2. Election can't be held sooner than 60 days after notice of the calling of the election is given to the Auditor. 3. The special election can't be held at the time of the general election on November 6, 2018, nor can it be held during the blackout period before and after the general election (October 9 — December 4) (4 Tuesdays before and 4 Tuesdays after the election). Special elections can only be held on Tuesdays. 4. Candidate filing deadlines: Can file as soon as notice is given to the Auditor and no later than 5:00 p.m. on the 53'' day before the special election. Typical election process follows with primary election held 4 weeks before the special election if there are more than 2 candidates to fill the one position. 5. Cost of special election - $30,000 estimate from Johnson County Auditor. Twice that if a primary is required. Example of timeline for appointment August 7, 2018 —Council passes resolution of intention to fill vacancy by appointment and authorizes staff to post and publish notice. Notice will include date on which appointment will be made and how persons can/should express their interest. September 4, 2018— Council makes appointment September 18, 2018—deadline for petition to be filed requesting special election September 20, 2018— If valid petition filed, Council calls for special election. Could not be held sooner than January 8 (due to 60-day notice to Auditor, blackout dates around general election and need to plan for primary on December 11) Example of timeline for calling special election The last date for a special election before the blackout period would be October 2, but that would require Council to make the decision and give notice to the Auditor by August 3 (60 days before election). Due to Council members' schedules it seems improbable that this deadline could be met. Due to blackout dates, the next possible election date would be January 8. Please contact me if you have questions. Cc: Geoff Fruin, City Manager Kellie Fruehling, City Clerk l r I =__®IS il itinlignia AIM,.6. .0 MISwi11 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Late Handouts: Information submitted between distribution of packet on Monday and close of business on Thursday. Item 2 Council vacancy — option to appoint — See additional correspondence Item 3 Council vacancy — option to call for a special election — See additional correspondence A-213 Kellie Fruehling From: Jodie Theobald <ictheobald@mchsi.com> Sent: Monday, July 23, 2018 9:49 AM Late Handouts Distributed To: Council Subject: Council vacancy, Ann Freerks `A")-Vs (Date) Dear Iowa City Council members, The moment I learned of the Iowa City Council vacancy, I thought of Ann Freerks. During my five years serving on the Iowa City Planning and Zoning Commission,observing her work as she balanced the mission of the commission and wise development,it often crossed my mind that she would be a wonderful City Council member. Ann was an excellent chair,for many reasons. She often was called on to lead commission members,neighbors, and developers,through difficult discussions while keeping with the zoning code and following the comprehensive plan. She handled these discussions with great skill and respect for all sides. She used humor, patience,compassion,intelligence, and her vast knowledge of zoning matters to try and make projects a win for everyone directly involved,as well as,the entire community.Ann came to commission meetings extremely well prepared,both as to the projects before us and from her knowledge from many terms on the commission. She asked great questions and thought of many things other people might miss that could cause problems for projects later.I often heard her say,"The devil is in the details." I very enthusiastically recommend Ann Freerks for the Council vacancy.The community would benefit from her problem solving abilities, compassion for the city of Iowa City and all the city's residents,and planning and zoning knowledge. It is my hope you consider Ann. Thank you, Jodie Barry Theobald Former Iowa City Planning and Zoning Commission Member 2013-2018 1 Kellie Fruehling Late Handouts Distributed From: Laura Routh <lauridi@hotmai►.com> bZ\\% Sent: Wednesday, August 01, 2018 1:08 PM (Date) To: Council t Subject: Regarding the question of an election for, or appointment of, a new City councilor City Councilors, I am writing to share with you my strong opinion that the City should allow a special election to proceed, for the replacement of Kingsley Botchway. In my opinion, if the current council appoints a new City Councilor it will be seen by many as undemocratic. It will also saddle that incoming city official with baggage that infers they do not represent the electorate.This will stunt their effectiveness, and thus is inherently unfair - to them, and the citizenry. I ask you all to please schedule a special election to fill this seat. Spend the money, and honor the process. Rest assured, it is the right thing to do. Thank you, Laura Routh 828 Dearborn Street Iowa city, Iowa 52240 Kellie Fruehling From: Nancy Bird <nancy@downtowniowacity.com> Sent: Monday,July 30, 2018 1:22 PM To: Council Cc: Geoff Fruin; Kellie Fruehling Late Handouts Distributed Subject: IC Downtown District comments on vacant Council seat Mayor Throgmorton and City Council, (Date) The City Council must make a decisions shortly on whether to hold a special election or appoint someone to fill the vacant Council seat left by Kingsley Botchway. The Iowa City Downtown District leadership believes that if an appointment were made, a petition would likely ensue regardless of the individual appointed. Therefore,the ICDD Board unanimously supports a special election. Although a special election can cost the City additional funds, it provides the most democratic way to ensure a council member is accountable to the larger public. Accountability is important to our organization and we believe to City Council,as well. Thank you for your consideration of this input. Sincerely, Michelle Galvin, Board President Mary Kate Pilcher Hayek, President-Elect Greg Turner,Treasurer Susan Craig,Secretary Naftaly Stramer, Past President Mark Ginsberg Monica Moen Jigna Jani Joni Schrup Amber Neville Wesley Ward Jason Deppe Katie Roche Nick Lindsley David Kieft Crissy Canganelli Anne Armitage Nancy Bird Executive Director 319.354.0863 downtowniowacity.com 1 Kellie Fruehling From: Stewart, Gustave <gustave-stewart@uiowa.edu> Sent: Thursday, August 02, 2018 4:32 PM Late Handouts Distributed To: Council Cc: Wu, Austin A Y Subject: Tentative Special Election Date g/3 1 (Date) Mayor Throgmorton and City Council, As you all consider how to fill the vacancy of Kingsley Botchway's previous position on the City Council, we encourage you all to think about how students will be impacted. The memorandum suggests the next possible election date could be January 8th if it does not occur on October 2nd. If the City Council decides to have a special election after the October 2nd date, we would encourage it to occur in a period where students are in session and in Iowa City. According to the UI Academic Calendar students will be on break from December 15th 2018 to January 13th 2019. We encourage the City to hold an election at a time which allows for a more diverse amount of voices and a maximal amount of participation, such as after the week of January 14th. Thanks a bunch, Gustave Stewart (he/him/his) Political Science&Economics I University of Iowa '19 City Liaison I UI Student Government gustave-stewart@uiowa.edu 1