CITY OF HOMER

HOMER, ALASKA

Heimbuch

ORDINANCE 05-60

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE SECTION 1.24.050, FILLING A VACANCY, REFERRING TO COUNCIL.

WHEREAS, The public has significant interest in the proportional size of a majority vote required for various legislative enactments; and

WHEREAS, Public interest in democratic process is not served when that majority proportion is set too high; and

WHEREAS, Current Code language that appears to require an 80% majority vote of (5) remaining council members to fill a vacated council seat has proven to be more disruptive of public process instead of encouraging consensus.

NOW THEREFORE, the City of Homer Ordains:

Section 1. The Homer City Code Section 1.24.050 is hereby amended to read as follows:

1.24.050 Filling a vacancy. a. If a vacancy occurs in the City Council the remaining members shall, within thirty days, appoint a qualified person to fill the vacancy. If less than thirty days remain in a term, a vacancy may not be filled.

b. Notwithstanding (a) of this section, if the membership is reduced to fewer than the number required to constitute a quorum, the remaining members shall, within seven days appoint a number of qualified persons to constitute a quorum.

c. A simple majority, not a quorum, vote of the remaining Councilmembers is required to select and appoint persons to fill Council vacancies.

d. [c.] A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term.

e. [d.] A vacancy in the office of Mayor occurring within six months before a regular election shall be filled by the Council. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the Council is appointed Mayor, the member shall resign the seat on the Council. If a vacancy occurs more than six months before a regular election, the governing body shall call a special election to fill the unexpired term. (Ord. 90-22, 1990).

Section 2. This ordinance is of a permanent and general character and shall be included in the Homer City Code.

PASSED AND ENACTED by the Homer City Council this _______ day of ________, 2005.

Page Two
Ordinance 05-60
City of Homer

CITY OF HOMER

____________________________

JAMES C. HORNADAY, MAYOR

ATTEST

__________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Introduction:
Public Hearing:
Second Reading:
Effective Date:

Ayes:
Noes:
Abstain:
Absent:

Reviewed and approved as to form and content:

_______________________________ ________________________

Walt Wrede, City Manager Gordon Tans, City Attorney

Date: Date:

Fiscal Note: NA.