Per the request of Troy City Councilman Jim Campbell at a meeting in August, Troy city administrators have detailed the procedure for replacing Troy Mayor Janice Daniels if the recall effort against her is successful on Nov. 6.
The following information is from a memo sent Sept. 5 to members of City Council from acting City Manager Mike Culpepper, Troy City Attorney Lori Grigg Bluhm and City Clerk Aileen Bittner:
As requested at the , we reviewed the State Statutes concerning recall elections, as well as City Charter provisions and the City Council Rules of Procedure. The following procedure is based on this research.
November 6, 2012
City Election with Recall Question
November 7-11, 2012
County Board of Canvassers certifies results and notifies City Clerk
- If more persons voted No than Yes: no change
- If more persons voted Yes than No: current Mayor Pro Tem is sworn in immediately as Acting Mayor to serve until new Mayor Pro Tem appointed
November 12, 2012
Official Declaration of Vacancy & Annual Election of Mayor Pro Tem
- Office of Mayor declared vacant by City Council
- Council Rules of Procedure call for election of Mayor Pro Tem annually on specific rotating basis
- New Mayor Pro Tem sworn in as Mayor Pro Tem and Acting Mayor
- Acting Mayor serves until City Council appoints a new Mayor
On or before December 11, 2012
City Council is required to appoint a Mayor within 30 days of the County Board of Canvassers certification. Appointed Mayor serves until 7:30 p.m. on November 11, 2013.
- If a City Council member wishes to be appointed as Mayor, the Member must submit a letter of resignation of the City Council position to the City Clerk. City Council acts upon letters of resignation at the next City Council meeting. There are two meetings in the 30-day period: Nov. 26 and Dec. 3. Resigning will shorten the term of office if that Member’s term expires later than Nov. 11, 2013.
- City Council declares a seat vacant upon acceptance of a letter of resignation (as set forth above). This vacancy is required to be filled by City Council appointment within 30 days of the vacancy.
- Since no process for appointment is specified, there could be an application/interview process or any other process decided on by City Council. The only restrictions have to do with term limits and eligibility requirements.
- Failure to appoint a Mayor within 30 days could be official misconduct
November 5, 2013
Regular City Election for City Council and unexpired Mayor’s term
November 11, 2013
Newly elected Mayor and City Council are sworn in to office
Daniels first came under fire in December for her and has remained the center of controversy after (a was later approved), telling the Gay-Straight Alliance she would bring in an expert to tell them and writing a lengthy position paper some viewed as .
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