M E M O R A N D U M 08-133

TO: HOMER CITY COUNCIL

FROM: JO JOHNSON, CMC, CITY CLERK

DATE: SEPTEMBER 17, 2008

SUBJECT: FILLING THE VACANCY IN THE OFFICE OF MAYOR.

AS 29.20.280(b) provides that the Council shall fill a vacancy in the office of Mayor occurring within six months before a general election.  The results of the October 7^th election will be certified at the October 13^th Regular City Council meeting. 

Under AS 29.20.230(a) the term of the Mayor elected at the October 7^th election would begin on October 20^th, the first Monday after certification of the election.  As a result, there would be only one regular Council meeting, October 13^th for which the Council could appoint a person to fill the vacancy in the office of Mayor.  It is for the Council to determine whether to fill the vacancy in the office of Mayor for the period remaining until the newly elected Mayor takes office on October 20.

If a Council member is appointed Mayor, the Council member must resign his or her seat on the Council.  If the Council considers it desirable to fill the office of Mayor, one solution might be to appoint a Council member whose term expires in 2008, and who is not seeking reelection.

Alternately, Mayor Pro Tempore Novak could act as Pro Tempore Mayor until certification of the pending election.

RECOMMENDATION:

Appoint a Mayor to fill the term ending October 20, 2008, or approve Mayor Pro Tempore Novak to act in the mayoral capacity for the October 13, 2008 meeting.

Fiscal Note: N/A