---------- Forwarded message ----------
From: Rodger Craddock <rcraddock@coosbay.org>
Date: Wed, Sep 21, 2016 at 4:45 AM
Subject: Councilor Leahy's Resignation
To: mayor <mayor@coosbay.org>, Stephanie Kramer <skramer@coosbay.org>, Jennifer Groth <sjgroth@charter.net>, Mark Daily <mdaily@coosbay.org>, "Mike Vaughn (dsgnlnd@frontier.com)" <dsgnlnd@frontier.com>, Fred Brick <fbrick@coosbay.org>, "Joe Benetti (joe@benettis.com)" <joe@benettis.com>, "DiNovo, Lucinda (ldinovo@themillcasino.com)" <ldinovo@themillcasino.com>, "stephanie@kdock929.com" <stephanie@kdock929.com>, "phil.marler@gmail.com" <phil.marler@gmail.com>, "sealop1@gmail.com" <sealop1@gmail.com>, "matthew.f.deatherage@gmail.com" <matthew.f.deatherage@gmail.com>, "Anthony Farmer (farmer9108@gmail.com)" <farmer9108@gmail.com>, "fred kirby <fredekirby@gmail.com> (fredekirby@gmail.com)" <fredekirby@gmail.com>, "costacoosta@coosnet.com" <costacoosta@coosnet.com>
Cc: Nate McClintock <nmcclintock@coosbay.org>, "Nate (nmcclintock@epuerto.com)" <nmcclintock@epuerto.com>, Jackie Mickelson <jmickelson@coosbay.org>, Jim Hossley <JHossley@coosbay.org>, Gary McCullough <gmccullough@coosbay.org>, Susanne Baker <sbaker@coosbay.org>, Amy Kinnaman <akinnaman@coosbay.org>, Mark Anderson <manderson@coosbay.org>, Sami Pierson <spierson@cclsd.org>, Eric Day <eday@coosbay.org>
Mayor, City Councilors and Council Candidates:
I'm sorry to have to report that at the conclusion of last night's Council meeting, Tom Leahy tendered his resignation from the City Council.
The matter of filling the vacancy on the Council will be on the agenda for the next Council meeting scheduled for October 4th. Below you will find the relevant sections of the City Charter which addresses filling a vacant position:
Section 3.6 Qualifications:
A person who at the time of election or appointment is a qualified voter within the meaning of the state constitution and has resided within the City one year immediately preceding the election or appointment to fill a vacancy shall be eligible to fill an elective office of the City. No elective office holder of the City may be employed by the City in a position that is not substantially volunteer in nature. Before the names of candidates for elective office are placed on the ballot and before the appointment of an elective officer to fill a vacancy, the candidate for elective office shall present proof of qualifications to the municipal judge whose decision shall be a final determination of both fact and law, but if there is no municipal judge then such determination shall be made by the city attorney.
Section 6.8 What Creates Vacancy.
An elective office shall be deemed vacant by declaration of the Council upon the incumbent's death, adjudicated incompetence, convictions of felony, resignation, recall from office, ceasing to possess the qualifications necessary for the office, the failure of the person elected or appointed to take the oath of office within three weeks after the time for the term of office to commence, which shall be the first regular council meeting following election or appointment, or absence from meetings of the council for 30 days without the consent of the Council.
Section 6.9 Filling Vacancies.
Vacancies in elective offices of the City shall be filled by appointment by a majority of the entire membership of the Council holding office at the time of the appointment. The appointee's term of office shall begin upon taking the oath of office following appointment and shall continue until a successor has been elected and qualified following the next regular city election. The successor to a council member appointed during the first two years of the term shall serve for the unexpired term of two years.
Over the last 24 years the City Council has been in the position of deciding how best to fill a vacancy on the Council nine different times. The Council has used a variety of methods to fill those vacancies which have included a direct appointment to the Council by a majority vote, using an application/interview process to identify and appoint interested persons, and appointing a person based on the results of the previous election. In this case the Council could do any of those three and/or leave the position vacant and allow it to be filled in the upcoming election.
All my best,
Rodger Craddock, City Manager
City of Coos Bay
500 Central Ave
Coos Bay, OR 97420
541-269-8912
Fax 541-267-5912
From: Rodger Craddock <rcraddock@coosbay.org>
Date: Wed, Sep 21, 2016 at 4:45 AM
Subject: Councilor Leahy's Resignation
To: mayor <mayor@coosbay.org>, Stephanie Kramer <skramer@coosbay.org>, Jennifer Groth <sjgroth@charter.net>, Mark Daily <mdaily@coosbay.org>, "Mike Vaughn (dsgnlnd@frontier.com)" <dsgnlnd@frontier.com>, Fred Brick <fbrick@coosbay.org>, "Joe Benetti (joe@benettis.com)" <joe@benettis.com>, "DiNovo, Lucinda (ldinovo@themillcasino.com)" <ldinovo@themillcasino.com>, "stephanie@kdock929.com" <stephanie@kdock929.com>, "phil.marler@gmail.com" <phil.marler@gmail.com>, "sealop1@gmail.com" <sealop1@gmail.com>, "matthew.f.deatherage@gmail.com" <matthew.f.deatherage@gmail.com>, "Anthony Farmer (farmer9108@gmail.com)" <farmer9108@gmail.com>, "fred kirby <fredekirby@gmail.com> (fredekirby@gmail.com)" <fredekirby@gmail.com>, "costacoosta@coosnet.com" <costacoosta@coosnet.com>
Cc: Nate McClintock <nmcclintock@coosbay.org>, "Nate (nmcclintock@epuerto.com)" <nmcclintock@epuerto.com>, Jackie Mickelson <jmickelson@coosbay.org>, Jim Hossley <JHossley@coosbay.org>, Gary McCullough <gmccullough@coosbay.org>, Susanne Baker <sbaker@coosbay.org>, Amy Kinnaman <akinnaman@coosbay.org>, Mark Anderson <manderson@coosbay.org>, Sami Pierson <spierson@cclsd.org>, Eric Day <eday@coosbay.org>
Mayor, City Councilors and Council Candidates:
I'm sorry to have to report that at the conclusion of last night's Council meeting, Tom Leahy tendered his resignation from the City Council.
The matter of filling the vacancy on the Council will be on the agenda for the next Council meeting scheduled for October 4th. Below you will find the relevant sections of the City Charter which addresses filling a vacant position:
Section 3.6 Qualifications:
A person who at the time of election or appointment is a qualified voter within the meaning of the state constitution and has resided within the City one year immediately preceding the election or appointment to fill a vacancy shall be eligible to fill an elective office of the City. No elective office holder of the City may be employed by the City in a position that is not substantially volunteer in nature. Before the names of candidates for elective office are placed on the ballot and before the appointment of an elective officer to fill a vacancy, the candidate for elective office shall present proof of qualifications to the municipal judge whose decision shall be a final determination of both fact and law, but if there is no municipal judge then such determination shall be made by the city attorney.
Section 6.8 What Creates Vacancy.
An elective office shall be deemed vacant by declaration of the Council upon the incumbent's death, adjudicated incompetence, convictions of felony, resignation, recall from office, ceasing to possess the qualifications necessary for the office, the failure of the person elected or appointed to take the oath of office within three weeks after the time for the term of office to commence, which shall be the first regular council meeting following election or appointment, or absence from meetings of the council for 30 days without the consent of the Council.
Section 6.9 Filling Vacancies.
Vacancies in elective offices of the City shall be filled by appointment by a majority of the entire membership of the Council holding office at the time of the appointment. The appointee's term of office shall begin upon taking the oath of office following appointment and shall continue until a successor has been elected and qualified following the next regular city election. The successor to a council member appointed during the first two years of the term shall serve for the unexpired term of two years.
Over the last 24 years the City Council has been in the position of deciding how best to fill a vacancy on the Council nine different times. The Council has used a variety of methods to fill those vacancies which have included a direct appointment to the Council by a majority vote, using an application/interview process to identify and appoint interested persons, and appointing a person based on the results of the previous election. In this case the Council could do any of those three and/or leave the position vacant and allow it to be filled in the upcoming election.
All my best,
Rodger Craddock, City Manager
City of Coos Bay
500 Central Ave
Coos Bay, OR 97420
541-269-8912
Fax 541-267-5912
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