Seems interesting that both Alder Denise DeMarb and County Board Supervisor George Gillis announced their resignations at about the same time. Here’s a little lesson in why . . . [spoiler alert – if you believe in the power of democracy and electing your elected officials, you’re not going to like it!]. Also, here’s how the appointments are likely to happen.
STATE LAW FOR CITY COUNCIL
17.23(1)(a) Vacancies in city offices; how filled.
(1) General and special charter cities. Vacancies in offices of cities operating under the general law or special charter shall be filled as follows:
(a) In cities of the 2nd, 3rd, or 4th class, in the office of mayor, except as provided in s. 9.10, by appointment by the common council for the residue of the unexpired term unless a special election is ordered by the common council, in which case the person appointed shall serve until his or her successor is elected and qualified. In the office of alderperson, by the common council, except as provided in s. 9.10. A person so appointed shall hold office until a successor is elected and qualified. Unless otherwise ordered by the common council, a successor shall be elected for the residue of the unexpired term on the first Tuesday of April next after the vacancy happens, in case it happens no later than December 1 preceding the first Tuesday in April, but if the vacancy happens after December 1 preceding the first Tuesday in April and before that day, then the successor shall be elected on the first Tuesday in April of the next ensuing year. The common council may, if a vacancy occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill a vacancy to be held on the Tuesday after the first Monday in November following the date of the order. A person so elected shall serve for the residue of the unexpired term.
STATE LAW FOR COUNTY BOARD
59.10(3)(e)
Vacancies. If a vacancy occurs on the board, the board chairperson, with the approval of the board, shall appoint a person who is a qualified elector and resident of the supervisory district to fill the vacancy. The successor shall serve for the unexpired portion of the term to which the person is appointed, unless the board orders a special election to fill the vacancy, in which case the person appointed shall serve until his or her successor is elected and qualified. The board may, if a vacancy occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill the vacancy. If the board orders a special election during the period beginning on June 1 and ending on November 30 of any year, the special election shall be held concurrently with the succeeding spring election. If the board orders a special election during the period beginning on December 1 and ending on May 31 of the succeeding year, the special election shall be held on the Tuesday after the first Monday in November following the date of the order. A person so elected shall serve for the residue of the unexpired term.
Oh cynical me! But, that is why it happens, to avoid an election and allow an appointment. It’s just the sad reality and a not well kept secret. And its certainly not a coincidence. In fact, Denise DeMarb bought a condo in December and had plenty of time to submit her resignation before June 1st.
COUNTY BOARD PROCESS
To me its obnoxious that George ran for office and then only served 2 months. And then the county board blames the state law . . . their ordinance is the problem, not the state law. I don’t think anyone contemplated someone running and only serving a few months.
On Thursday
5:00 Executive Committee
They will be considering this ordinance – red language is the changes
AMENDING CHAPTER 6 OF THE DANE COUNTY CODE OF ORDINANCES, REGARDING FILLING OF VACANCY IN THE OFFICE OF COUNTY SUPERVISOR OCCURING DURING A TERM
6.07 FILLING OF VACANCIES OCCURRING WITHIN A TERM. (1) Any vacancy in the office of county supervisor occurring between the commencement of a term and December 31 of an even numbered year shall be filled by a temporary appointment by the county board chairperson within one month of the vacancy subject to confirmation by the county board. A person so appointed shall serve until his or her successor is elected and qualified at a special election to be held concurrently with succeeding spring election.(12) Any vacancy in the office of county supervisor occurring after December 31 of an even numbered year andon orbefore July 310of an odd-numbered year shall be filled as promptly as possible by a special election.(23) Any vacancy in the office of county supervisor occurring after July 30 of an odd-numbered year shall be filled by temporary appointment by the county board chairperson within one month, subject to confirmation by the county board. A person so appointed shall serve the remainder of the expired term.(4) Any person interested in being appointed to a vacant office under sub. (1) or (3) shall submit nomination papers signed by at least 25 electors residing in the supervisory district in which the vacancy occurs. The signatures on the nomination papers may only be solicited by the person seeking the appointment. Prior to such appointment, the county clerk shall publicly announce a two-week solicitation period for submission of nomination papers and the declaration of candidacy from interested residents of the district. After the close of the application period, a public hearing shall be held in the supervisory district in which the vacancy occurs, and persons interested in being appointed shall attend. The chairperson shall not offer or promise appointment prior to the public hearing. A person so appointed and confirmed shall hold office until a successor is elected and qualified at the next regular election.[EXPLANATION: This amendment authorizes a temporary appointment to fill a vacancy in the office of county supervisor if the vacancy occurs early in the term, subject to a special election to occur at the next spring election.]
The executive committee will be voting on if this is the process they will use.
7:00 County Board
The county board will then approve the ordinance as proposed by the executive committee. I’d like to pretend that there would be discussion and debate, but the reality is that it is unlikely to be challenged.
Personally I’d like to see the applications be submitted to the Executive Committee and have them make a recommendation to the chair so there is some sort of public process and discussion. The chair could then appoint and the county board could confirm.
CITY COUNCIL PROCESS
The CCEC (Common Council Executive Committee) will be discussing this on Tuesday, but their ordinance won’t need a change and they can just set a timeline.
2.03 – PROCEDURE TO FILL VACANCIES ON THE COMMON COUNCIL.
(1) The Common Council President shall oversee the application process to fill aldermanic vacancies.
(2) Applications to fill any aldermanic vacancy shall include information on:
(a) Name,
(b) Address,
(c) Home telephone number,
(d) Work telephone number,
(e) E-mail address,
(f) Biographical resume including education, work, neighborhood, and civic experience,
(g) A statement on why the applicant wishes to serve.
(h) A statement of what the applicant wants to accomplish,
(i) If the applicant plans to run for office during the next special or regular election, and,
(j) Such other information as the Common Council President in consultation with the Common Council Executive Committee may request. (Am. by ORD-16-00079, Pub. 9-15-16, Eff. 4-18-17)(3) The Common Council Executive Committee shall review the applications and, following opportunities for personal candidate interviews, shall recommend to the Common Council a candidate selected for confirmation to fill the vacancy. If the Common Council Executive Committee is unable to agree on a candidate to recommend, it may recommend more than one candidate, or it may reopen the application process to seek additional applicants. (Am. by ORD-16-00079, Pub. 9-15-16, Eff. 4-18-17)
(4) The Common Council shall appoint and confirm the recommended candidate, or appoint and confirm another candidate from among the applicants.
(5) The appointed and confirmed candidate shall serve until an alderperson is elected pursuant to sec. 17.23(1), Wis. Stats. and is qualified.
