MEMORANDUM 08-42

TO: MAYOR AND CITY COUNCIL

FROM: JO JOHNSON, CMC, CITY CLERK

DATE: MARCH 18, 2008

SUBJECT: RESIGNATION OF COUNCILMEMBER LANE CHESLEY

Councilmember Chesley submitted a formal notice of resignation effective March 17, 2008.

Homer City Code 1.24.040 (l) Bylaws for Council Procedure state:

Vacancies:
An elected municipal office is vacated under the following conditions and upon the declaration of vacancy by the Council. The Council shall declare an elective office vacant when the person elected:

1. Fails to qualify or take office within thirty days after his election or appointment;

2. Resigns and his resignation is accepted;

3. Is physically or mentally unable to perform the duties of the office as determined by two-thirds vote of the Council;

4. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the Council concur in expelling the person elected;

5. Misses three consecutive regular meetings unless excused;

6. Is convicted of a felony or of an offense involving a violation of the oath of office;

7. Is convicted of a violation of AS 15.13 concerning Alaska Public Offices Commission reporting requirements;

8. No longer physically resides in the municipality and the City Council by two-thirds vote declares the seat vacant; and

9. Is physically absent from the municipality for ninety consecutive days unless excused by the City Council.

RECOMMENDATION:

Accept Councilmember Chesley’s resignation and declare the seat vacant.