It’s only been 5 months . . . and already someone is resigning. Here’s the announcement. I can’t imagine a council with 4 years terms given the resignations in the past few years.
EMAIL ABOUT VACANCY AND FILLING VACANCY
8th Aldermanic District Vacancy
District 8 Alder Avra Reddy Resigns Effective September 30, 2019
Alder Reddy has notified us of her resignation from the Madison Common Council as of September 30, 2019.
In her short tenure, Avra has made a great impact and great contributions to our Council deliberations with her thoughtfulness and commitment to making Madison a better place. We wish Avra and her family the best. Please join us in thanking Avra for her service.
The procedure for filling a vacancy on the Common Council is described in the attached memo from Attorney May. The Common Council President oversees the application process to fill the vacancy. Applications are reviewed by the Common Council Executive Committee which makes a recommendation to the Common Council. The Common Council then appoints the District 8 Alder until the next regularly scheduled elections (April 2020.)
We will be announcing the vacancy immediately with the following timeline:
September 24, 2019: Announcement of vacancy (press release, CC social media& website)
October 14, 2019: Application to fill the vacancy due
October 15, 2019: Review of process details at CCEC Meeting
Week of October 21, 2019: Special CCEC Meeting for interviews and recommendation of selected candidate to Council
November 5, 2019: Common Council appointment of District 8 Alder
Thank you Avra for your service, we will miss you dearly!
Shiva Bidar, Council President
Barbara Harrington-McKinney, Council Vice President
RESIGNATION
Date 9/25/19
Dear Colleagues,
It is with great sadness that I write this to inform you that I have submitted my resignation to Council President Bidar as District 8 Alder. The official date of my resignation will be Monday, September 30th.
Over the last few months I have been coping with a family illness, and after careful consideration I have decided to leave my post as District 8 Alder. As we head into budget season it wouldn’t be fair to both my colleagues and constituents if I was not able to give my all to this difficult job that I have come to love. I have taken the last month to come to this conclusion, and am confident that my decision will be best for all parties involved.
Although my time on council has been short-lived, I have loved serving the last 6 months with every one of you. I have learned not only about this wonderful city that we all call home, but also about the tremendous impact that kindness, support, and encouragement can have for the success of an elected group. I am so proud to have been a part of a diverse body, composed of members who make decisions with good intentions in mind.
Even though I will no longer sit in my seat I will be watching to see what you do over the years to come. As you bravely enter into one of the most exhausting times of the year, remember to treat each other with kindness and empathy. Encourage one another to be better people and shine light on issues that have been hidden in darkness. Remind yourselves that everyone is trying to do their best, and sometimes that does not mean agreement. Additionally, remember that Madison is composed of so many wonderful young people. When young people approach you, listen to them, and believe that they are capable of changing the world.
Thank you for your kindness, compassion, and understanding over the last few months.
Avra Reddy
VACANCY MEMO
TO: Alder Shiva Bidar Common Council President
FROM: Michael P. May City Attorney
RE: Procedures To Fill A Vacancy In Alderperson Position
You requested legal advice on the procedures followed by the City when there is a vacancy in an alder position. The answer is found in the Wisconsin Statutes and the Madison General Ordinances:
Sec. 17.23(1)(a), Wis. Stats, provides:
(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 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.
Under this law, the Common Council is to appoint a person to hold the position until the next election. As will be discussed below, sec. 2.03, MGO, describes the method of appointment by the Council.
Assuming the vacancy occurs before December 1, 2019, the special election to fill the seat should be held in April, 2020. The person then elected and sworn in would complete the remaining year of the term until the City’s spring election in 2021. If the vacancy occurs after December 1 but before June 1, 2020, the Council has the choice of calling a special election in November, 2020, or having the appointed person serve until the election in April, 2021.
The method of appointment is set out in sec. 2.03, MGO, which provides:
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.
(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.
(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.
(6) Effect of Vacancies on Notices to the Alderperson of the District.
(a) Many sections of the Madison General Ordinances require notice to the alderperson of the district before certain other actions may be taken. Some of these sections allow the alderperson to waive the notice. Whenever there is a vacancy on the Common Council, such notices shall be given to the President of the Common Council and the Common Council Chief of Staff. The President may exercise any rights given to the alderperson of the district regarding such notices. Failure to give notice shall not invalidate any subsequent action by the Council or other body of the City.
(b) This subsection covers all sections of the ordinances that require notice to an alderperson. Among the sections of the Madison General Ordinances with notices as referenced in this subsection are: 8.33(5) (edible landscaping), 9.13(1)(b) (vend near schools), 25.10(6) (nuisance party), 28.066(12) (minor alterations), 28.074(4) (appeal of UDC), 28.076(4) (appeal of UDC), 28.087(7) (minor alterations), 28.097(1) (minor alterations), 28.098(6) (minor alterations), 28.151(a) (market garden), 28.181(5) (zoning changes), 28.183(5)(b) (conditional use), 28.184(6)(b) (variance extension), 28.185(9)(b) and (11) (demolition extension), 31.112(5) (replacement advertising sign), 33.24(4)(e) (Urban Design Districts), 38.05(3)(c) and (h) (alcohol licensing), 41.15(4)(a) (Landmarks appeal) and 41.20(1) (Landmarks appeal).
(7) Alternative Procedure . If (a) there is a vacancy on the Common Council, and (b) the time for filing nomination papers for a spring election has passed, and (c) the spring election has not been held, the vacancy shall be filled by the procedure in this subsection. The Council President shall seek applications from one-two (1-2) persons who have been members of the Council or the County Board, are resident(s) of the district at issue, and have not filed papers to run for the seat. The Common Council Executive Committee will review the application(s), and will make a recommendation to the Council to fill the unexpired term until the spring election. The Council may fill the seat with the recommended person, or decline to fill the seat.
Under this ordinance, the Common Council Executive Committee takes the lead in noticing and seeking applicants, reviewing the applications, and making a recommendation to the Common Council. Common Council staff are familiar with this procedure and available to assist the Council.
Let me know if you have any further questions.
