SUBJECT:
Title
Discussion of actions Board may take as a result of Trustee Gippe resignation
Body
DEPARTMENT: Town Attorney and Administration
PRESENTER: Kendra Carberry, Town Attorney
Malcolm Fleming, Town Administrator
TIME ESTIMATE: 15 minutes
only required for non-consent items
STAFF RECOMMENDATION:
Recommendation
Discussion and Board direction to staff
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Trustee Bill Gippe submitted his resignation from the Board of Trustees, effective immediately. When a member of the Board of Trustees resigns, the process to fill the vacant position is governed by § 1-5-2 of the Erie Municipal Code, which states as follows:
The board of trustees shall have power, by appointment, to fill all vacancies in the board or in any other elected office, and the person so appointed shall hold office until the next regular election and until his successor is elected and qualified. If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term. Where a vacancy exists in the office of trustee and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the three candidates for trustee receiving the highest number of votes shall be elected to four-year terms and the candidate receiving the next highest number of votes, in descending order, shall be elected to fill the unexpired term or terms.
This language mirrors C.R.S. § 31-4-303.
Because former Trustee Gippe's current term expires in April 2022, any appointee would only serve from the date of appointment until April 2022, and then would need to run for the Board again if interested in retaining the seat.
Because former Trustee Gippe's term is up in April, the Board is not required to fill the vacancy, and the vacancy could remain until the April 2022 election. Filling the position would involve Board and staff time to develop a process for considering candidates, soliciting interested individuals, coordinating Board consideration of those individuals, Board selection of an appointee, and helping the appointee become acquainted with Town policies and procedures and Board responsibilities.
If the Board chooses to fill the vacancy, the first step is to declare the vacancy. This could be done by motion at the October 12 meeting. Then the Board could discuss whether to fill the seat, and if so, the process for selecting the appointee. That discussion could also occur at a subsequent meeting or study session.
Board Priority(s) Addressed:
ü Effective Governance
ATTACHMENTS:
1. Board Advance Agenda