§ 2-1852. Procedure for the appointment by the full council of individuals or councilmembers to boards, commissions and authorities.

The following procedure shall be used whenever it becomes necessary for the full council to appoint an individual or a council member to a board, commission or authority; provided however, that by two-thirds vote of the total membership of the council, the council may waive the requirements of this ordinance and consider the appointment at the same meeting at which it is introduced, sounded or announced. Action on the appointment shall only require a simple majority vote.

(1)

Notice of vacancy.

(a)

Whenever a position on a board, commission or authority shall be or becomes vacant, notice of such vacancy shall be submitted in writing to the Municipal Clerk from the city board within 30 business days, who shall then notify the Chair of the Committee on Council, with a copy of said notice being submitted to the president of the city council, within 14 business days of receiving the notice of vacancy.

(b)

Upon receipt of such written notice, the chair of the committee on council shall provide written notice to all council members that nomination of an individual or individuals or when applicable, of a council member or council members shall be submitted to the chair of the committee on council by a specified deadline.

(c)

In the case of council member appointments, a council member may submit her/his own name or the name of another council member, for appointment to any such vacancy.

(2)

Procedure for appointments.

(a)

One vacancy, one nominee.

(i)

When only one vacancy and only one nominee has been submitted, the chair of the committee on council shall have a resolution prepared naming that individual or council member for appointment to the vacant position.

(ii)

Said resolution shall be submitted by the chair of the committee on council to the committee of purview. The committee of purview shall introduce, consider, recommend and refer said resolution to the committee on council for its consideration, recommendation and forwarding to the full council for final action.

(b)

One vacancy, more than one nominee.

(i)

Should there be only one vacant position and more than one nominee is submitted, the chair of the committee on council shall, prior to the next regularly scheduled meeting of the city council, distribute biographical information and qualifications of all nominees to all council members for consideration at the next regular meeting of the city council, provided however, if the date of the next regular council meeting is less than five business days from the date of the required deadline, all information shall be provided for consideration at the next following regularly scheduled meeting of the city council.

(ii)

At the next regularly scheduled meeting of the city council after distribution of the biographical information and qualification of said nominees, or at the next following regularly scheduled meeting of the city council should the five-day condition set forth in (b) (i) above be applicable, the municipal clerk or deputy municipal clerk shall issue a paper ballot which contains the names of all nominees for said vacant position, to all council members present at said meeting and who have not been excused.

(iii)

Councilmembers shall circle the name of the nominee of her/his choice, sign the ballot and return it to the municipal clerk or deputy municipal clerk. Such ballots shall become a part of the official record for said council meeting.

(iv)

The municipal clerk or deputy municipal clerk shall tally the ballots or cause them to be tallied and announce the results. The nominee receiving the majority of votes shall be recommended for appointment and the chair of the committee on council shall subsequently have a resolution prepared naming that individual or council member for appointment to the vacant position.

(v)

The chair of the committee on council shall submit said resolution to the committee of purview. The committee of purview shall introduce, consider, recommend and refer said resolution to the committee on council for its consideration, recommendation and forwarding to the full council for final action.

(c)

More than one vacancy.

(i)

Should there be more than one vacant position and more than one nominee is submitted, the chair of the committee on council shall, prior to the next regularly scheduled meeting of the city council, distribute biographical information and qualifications of all nominees to all council members for consideration at the next regular meeting of the city council, provided however, if the date of the next full council meeting is less than five business days from the date of the required deadline, all information shall be provided for consideration at the next following regularly scheduled meeting of the city council.

(ii)

When more than one vacancy exists, the municipal clerk or deputy municipal clerk shall issue a paper ballot which contains the names of all nominees for said vacant positions to all council members present at said meeting and who have not been excused.

(iii)

Council members shall circle the names of the nominees of her/his choice; in correlation to the number of vacant positions, sign the ballot and return it to the municipal clerk or deputy municipal clerk. Such ballots shall become a part of the official record for said council meeting.

(iv)

The municipal clerk or deputy municipal clerk shall tally the ballots or cause them to be tallied and announce the results. The nominees receiving the highest number of votes; in correlation to the number of vacant positions, shall be accordingly recommended for appointment to the available positions. The chair of the committee on council shall subsequently have a resolution prepared naming those individuals or council members for appointment to the vacant positions.

(v)

The chair of the committee on council shall submit said resolution to the committee of purview. The committee of purview shall introduce, consider, recommend and refer said resolution to the committee on council for its consideration, recommendation and forwarding to the full council for final action.

(d)

Single nominee failing to receive a majority vote or multiple nominees receiving an equal number of votes. In the event that a single nominee fails to receive a majority vote of the council members present at the meeting of the city council, or there is a tie among two or more nominees who receive the highest identical number of votes, then a second ballot shall be issued. This ballot process shall be continued until such time as one person receives a majority vote or the tie fails to be broken.

(e)

Tie failing to be broken initially.

(i)

All subsequent ballots shall be comprised of the two or more nominees who received the highest number of votes.

(ii)

The balloting process shall continue until only two nominees remain, whereupon a final ballot shall be issued.

(iii)

After the vote is taken, the procedures set forth in (b) (iv) and (v) above, shall then be followed.

(f)

Tie remaining unbroken. In the event that the tie still fails to be broken, separate resolutions shall be prepared containing the name of each nominee, which resolutions shall be submitted to the committee of purview for the recommendation of one nominee to said vacant position; with the previously outlined process to be followed accordingly.

(Code 1977, § 1-1046; Ord. No. 2007-21(06-O-1597), § 1, 3-28-07; Ord. No. 2010-11(10-O-0495), § 1, 3-23-10; Ord. No. 2014-03(14-O-1002), § 1, 2-12-14 )