Council approves appointment process to fill vacant seat
The Red Oak City Council is moving forward with plans to fill a recent vacancy.
On Feb. 15, 3rd Ward Councilman Larry Barnett, who served for a total of 12 years on the city council, resigned for personal reasons. City administrator Brad Wright said the council had the choice of either appointing someone to fill the vacancy, or holding a special election to fill Barnett’s vacant seat.
“You can automatically call for a special election, though we don’t know what the cost of that is, or we can appoint someone who is interested in joining. We have 60 days to make the appointment from Feb. 15. If we do appoint someone, the public has a right to petition and still force a special election,” Wright said.
Electors of the City of Red Oak have the right to file a petition requiring that the vacancy be filled by a special election. If within 14 days after publication of this notice or within 14 days after the appointment to fill the 3rd Ward City Council vacancy is made, there is filed with the City Clerk of the City of Red Oak, Iowa, a petition requesting a special election to fill the vacancy, any appointment made by the City Council will be temporary and the City Council will call a special election to fill the vacancy permanently either to be held concurrently with any pending election as provided by Section 69.12, Code of Iowa, or otherwise by special election called at the earliest practicable date. (See Legal on Page 3B)
The number of signatures of eligible electors of the city for a valid petition is determined in accordance with Iowa law. Persons interested should consult Section 372.13(2), Code of Iowa, or the Montgomery County Commissioner of Elections for further specifics.
Barnett’s remaining term is close to two years; however, the term of the appointee would be less than that.
“Typically they would fill the seat until the next city election in November 2019. However, we are looking at having a referendum prior to that, and joining that onto the county general election in November 2018. We need to have on there the question of our local option sales tax, which is set to expire in June 2019. Since we are looking to put a city question on the county’s general election ballot, we are required to put this council seat on there as well,” said Wright.
If the council chose to appoint, that would mean the appointed councilperson’s term would expire Jan. 1, 2019, a 10 month appointment.
“That person can either file and run in the November 2019, and others who are interested in running as well,” commented Wright.
According to Wright, if the public petitioned for a special election, it would have to be held prior to the county general election in November, 2019.
Wright advised the council the appointment method would be cheaper on the city, and most feasible, due to the limited time of the term. If the council chose to appoint, Wright said notice would have to be posted and a date set to appoint the person to the council.
The council was in agreement that the appointment process was the best course of action and approved a motion for Wright to move forward with the appointment process to fill the vacancy.
The appointment will take place at 5:30 p.m. Monday, March 5 at the regular Red Oak City Council meeting at the Red Oak Fire Station.
In other business, the council:
Approved the second reading of ordinance amending city code by amending provisions pertaining to fences.
Approved the renewal of a Class C Beer, Class B Wine, Sunday sales, and ownership change for Dollar General.
Approved hangar lease agreements for James Cavner, Tim Saddler, and Christopher Kenefick.
Wright advised discussion on the city’s fireworks ordinance would be scheduled for the next council meeting.