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Third Ward Council Member Vacancy Copyrighted September 16, 2019 City of Dubuque Action Items # 4. ITEM TITLE: Third Ward Council Member Vacancy SUM MARY: City Clerk submitting Letters of I nterest/ Resumes for consideration in filling the Council Member vacancy for the Third Ward. Due to the late submission deadline, Letters of I nterest/ Resumes will become available after 5:00 p.m. on Friday, September 13. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council ATTACHMENTS: Description Type 9/3/19 Staff Memo Staff Memo 9/3/19 Resolution Resolutions 9/5/19 Public Notice Supporting Documentation Connors Joyce Letter of Intentto Fill Vacancy Supporting Documentation Larson, Kate Letter of Intentto Fill Vacancy Supporting Documentation Dubuque THE CTTY OF � AII�A�eriea Cip DuB E ;,��I..� �., Maste iece on the Mississi i 20°'.2012=2013 � pp 2017*2019 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY TO: MAYOR ROY D. BUOL AND MEMBERS OF THE CITY COUNCIL DATE: AUGUST 2'I, 2019 RE: MIDTERM VACANCY ON CITY COUNCIL With the resignation of Council Member Kate Larson, I was asked to provide a summary of the state law requirements and options for filling the vacancy. A vacancy occurs upon any of the following: • Officeholder's death • On the date the officeholder no longer lives in the city or ward in which the officeholder was elected • Officeholder submits a resignation, if the resignation is effective immediately • On a specific date, if the resignation of the officeholder is effective at a future date • Removal of an officeholder from office A vacancy cannot be filled until it actually occurs. For example, if Councilmember Larson announces that her resignation is effective December 31, 2019 then there isn't a vacancy until January 1, 2020. The vacancy which will be created by the resignation of Councilmember Kate Larson is considered a mid-term vacancy. Mid-term vacancies can be filled by: 1) Appointment by the City Council, or 2) Special election These options are outlined in lowa Code 371.13(2) (emphasis added): 372.13 The council. 2. A vacancy in an elective city office during a term of office shall be filled, at the council's option, by one of the two following procedures: OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE,300 MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563) 589-4381 /Fwc (563)583-1040/Ennni� cbrumwel@cityofdubuque.org a. (1) By appointment by the remaining members of the council, except that if the remaining members do not constitute a quorum of the full membership, paragraph "b" shall be followed. The appointment shall be made within sixty days after the vacancy occurs and shall be for the period until the next regular city election described in section 376.1 , unless there is an intervening special election for that city, in which event the election for the office shall be placed on the ballot at such special election. If the council fails to make an appointment within sixty days as required by this subsection, the city clerk shall give notice of the vacancy to the county commissioner and the county commissioner shall call a special election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days after the notice is received by the county commissioner. (2) If the council chooses to proceed under this paragraph, it shall publish notice in the manner prescribed by section 362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward, as the case may be, have the right to file a petition requiring that the vacancy be filled by a special election. The council may publish notice in advance if an elected official submits a resignation to take effect at a future date. The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, there is filed with the city clerk a petition which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph "b". The number of signatures of eligible electors of a city for a valid petition shall be determined as follows: (a) For a city with a population of ten thousand or less, at least two hundred signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. (b) For a city with a population of more than ten thousand but not more than fifty thousand, at least one thousand signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. (c) For a city with a population of more than fifty thousand, at least two thousand signatures or at least the number of signatures equal to ten percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. 2 (d) The minimum number of signatures for a valid petition pursuant to subparagraph divisions (a) through (c) shall not be fewer than ten. In determining the minimum number of signatures required, if at the last preceding election more than one position was to be filled for the office in which the vacancy exists, the number of voters who voted for candidates for the office shall be determined by dividing the total number of votes cast for the office by the number of seats to be filled. b. (1) Bv a special election held to fill the office for the remaininq balance of the unexpired term. If the council opts for a special election or a valid petition is filed under paragraph "a", the special election may be held concurrently with any pending election as provided by section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs. Otherwise, a special election to fill the office shall be called by the council at the earliest practicable date. The council shall give the county commissioner at least thirty-two days' written notice of the date chosen for the special election. The council of a city where a primary election may be required shall give the county commissioner at least sixty days' written notice of the date chosen for the special election. A special election held under this subsection is subject to sections 376.4 through 376.11 , but the dates for actions in relation to the special election shall be calculated with regard to the date for which the special election is called. However, a nomination petition must be filed not less than twenty-five days before the date of the special election and, where a primary election may be required, a nomination petition must be filed not less than fifty-three days before the date of the special election. (2) If there are concurrent vacancies on the council and the remaining council members do not constitute a quorum of the full membership, a special election shall be called by the county commissioner at the earliest practicable date. The remaining council members shall give notice to the county commissioner of the absence of a quorum. If there are no remaining council members, the city clerk shall give notice to the county commissioner of the absence of a council. If the office of city clerk is vacant, the city attorney shall give notice to the county commissioner of the absence of a clerk and a council. Notice of the need for a special election shall be given under this paragraph by the end of the following business day. The City Council can publish notice of its intention to appoint or call for a special election before the vacancy actually occurs, but an appointment or special election cannot occur until after the vacancy occurs. 3 Appointment Appointment requires certain publication requirements be met. The City Council is required to publish notice the body intends to appoint an individual to complete the council term at least four (4) but no more than twenty (20) days before the appointment will occur. The published notice must also include certain language notifying citizens of their right to request a special election by filing a petition. The notice published must be in a newspaper of general circulation. If the City Council opts to appoint someone to fill the mid-term vacancy the appointment must be made within sixty (60) days after the vacancy occurs. If the City Council doesn't appoint someone to the vacant seat on the Council within sixty (60) days, the City Clerk must notify the County Auditor. The County Auditor is required to call for a special election as soon as possible, but not sooner than sixty (60) days after the notice from the City Clerk as the City of Dubuque has a primary election provision in the Code of Ordinances. Any person the Council will consider for appointment is required to meet the same qualifications as a candidate seeking to run for the office. This means in the case of the vacancv created bv Kate Larson's resianation, the individual appointed must be a resident of Ward 3. lowa Code §39.27 Note: submission of a petition with 163 signatures from residents in Ward 3 per the lowa Code requirements would trigger holding a special election to fill the vacancy. Special Election I was asked whether a mid-term vacancy could be placed on the regular election ballot to be held November 5, 2019. Yes, but only if there is a vacancy as of Friday, August 23, 2019. I spoke with the Deputy Commissioner of Elections, Jenny Hillary. Currently, there is no vacancy and there would not be a vacancy until January 1 , 2020. For a special election to appear on the regularly schedule election ballot on November 5, 2019, a resignation would need to be submitted, in writing, effective Friday, August 23, 2019 for the City Clerk to meet the deadline for getting a special election on the November 2019 ballot within the state deadlines. If there was a vacancy, effective Friday, August 23, 2019, the filing deadlines for a special election appearing on the regular ballot are the same as those for the regularly scheduled election. There is no mechanism within the elections law to extend the deadline for candidates to meet the filing/signature requirements. Ward 3 residents interested in appearing on the special election portion of the November ballot would have until August 29, 2019 to submit the necessary documents and signatures. According to the Dubuque County Elections Office, it will take sixteen (16) signatures on a nomination petition for an individual's name to appear on the special election portion of the November ballot for the Ward 3 vacancy. 4 Technically, the November election would then be both a regular and special election. The vacancy could appear on the regular ballot with the designation, "To Fill Vacancy." If no candidates met the August 29, 2019 deadline to appear on a special election portion of the November ballot, then the vacancy would be filled via write-in votes. Teleqraph Herald Editorial The Telegraph Herald Editorial suggested Councilperson Larson should resign and be reappointed to allow citizens to vote for her replacement in November. This is a possibility, but onlv if there is a vacancy as of Friday, August 23, 2019 AND the City Council must still comply with the state law requirements to publish a notice the Council will appoint to fill the vacancy through the end of the year. The Council would be required to take applications from others interested in serving through the end of 2019 for Ward 3. I think we need to decide whether to say the council would not be bound to appoint her. For a resignation effective Friday, August 23, 2019 the Council could: 1) Appointment: Act on Monday, August 26, 2019, to choose the appointment option. The notice would then be published and contain the required timeline for receipt of applications. The Council could appoint for the vacancy at the next meeting after the application deadline. This would likely mean there would only be six (6) council members for at least a couple meetings. An appointment cannot be immediate. 2) Special election: Meet the deadline to call for a special election for the vacancy to appear on the November 2019 ballot. For a resignation effective December 31 , 2019, the Council has the following options: 1) Appointment: Publish the notice and accept applications in advance of December 31 , 2019. Unless a petition was submitted requiring a special election the Council could make an appointment at the first meeting in January 2020 for an individual to complete the remainder of Councilperson Larson's term or at any meeting within sixty (60) days from January 1 , 2020. 2) Special election: Call for a special election which would be on March 3, 2020. The Council would have only six (6) members in January and February 2020. A resignation effective on any other date would need to be analyzed to provide available options. Ultimately, the choice as to a date of resignation is up to Councilperson Larson. cc: Barry Lindahl, Senior Counsel Kevin Firnstahl, City Clerk Jenny Hillary, Dubuque County Deputy Commission of Elections 5 NEW SECTION, UPDATED AUGUST 29, 2019 With the resignation of Third Ward Council Member Kate Larson as of August 23, 2019 the vacancy in the Third Ward will automatically appear on the November 5, 2019 ballot as a special election concurrent with the regular election. The Council may choose to appoint someone to the vacancy to serve to November 5, 2019. If the Council opts to appoint a resolution is done and the notice is published in accordance with lowa Code. 6 Prepared by Crenna M. Brumwell 300 Main Street,Suite 330 Dubuque IA 52001 563 589-4381 Retum to Crenna M. Brumwell 300 Main Street,Suite 330 Dubuque IA 52001 563 589-4381 RESOLUTION NO. -19 INTENT TO FILL A VACANCY IN THE OFFICE OF THIRD WARD CITY COUNCIL MEMBER BY APPOINTMENT UNTIL A NEW THIR WARD CITY COUNCIL IS ELECTED AND TAKES THE OATH OF OFFICE FOLLOWING THE NOVEMBER 2019 SPECIAL ELECTION WHEREAS, there is a vacancy in the Office of City Council Member for the Third Ward; and WHEREAS, lowa Code §372.13(2)(a) allows the vacancy to be filled by appointment by the remaining members of the council for a period until the next pending election which is November 5, 2019; and WHEREAS, the council must publish notice in the manner prescribed by lowa code §362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the ward have the right to file a petition requiring that the vacancy be filled by a special election; and WHEREAS, the council has elected to fill the vacancy in the Office of City Council Member for the Third Ward by appointment until the next pending election which is November 5, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1 . The council hereby elects to fill the vacancy in the Office of City Council Member for the Third Ward by appointment until the next pending election on November 5, 2019, following the publication of the required notice. 2. The City Clerk is directed to publish the attached notice in the manner prescribed by lowa Code §362.3. Passed, approved and adopted this day of , 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk C:AProgram Files(x8��neevia.com\docConverterProAtemp�NVDC\32EF3AEB-DD12-4D22-9174- 3FF23713315A�Dubuque IA36819.1.Resolution Third Ward Appoinhnent 8-28-19.docx CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF INENT TO FILL A VACANCY IN THE OFFICE OF THIRD WARD CITY COUNCIL MEMBER BY APPOINTMENT Pursuant to Resolution No. -19 notice is hereby given that the City Council intends to fill the vacancy in the Office of City Council Member for the Third Ward by appointment as provided by law. The appointment is for the period until the November 5, 2019 city/special election. Electors of the Third Ward interested in being considered for appointment must submit a Letter of Interest / Resume to the City Clerk's Office by 5:00 p.m. on Friday, September 13, 2019. The appointment will be made at the September 16, 2019 City Council meeting. The electors of the Third Ward have the right to file a petition requiring that the vacancy be filled by a special election. If within fourteen days after publication of this notice or within fourteen (14) days after the appointment is made, there is filed with the City Clerk a petition with the required number of signatures which requests a special election to fill a vacancy, the appointment to fill the vacancy is temporary and the City Council will call a special election to fill the vacancy for the remaining balance of the unexpired term. Dated this 5�h day of September 2019. Kevin S. Firnstahl, CMC City Clerk 1 t 9/5 ��l�a�� September 9, 2019 i 19 �E�' —� P� �y �$ � Dear City Council Members, �a��`��r�� ` � (� �.�b�c:�ue, '� { i This letter is to inform you of my interest in being appointed to fill the interim ! Ward 3 seat until the November 5 �lection. � fi �� i H�ving served as Ward 3 Representative for 16 years, I feel I am very qualified to � be appointed. It is importan�for citizens in this Ward to be represented without a ; ��, gap. Appointing me will allow for two things. First, Ward 3 citizens will have a i� representative at the Council Table. 5econd, this wil) allow Ms. Larson to join her ;; husband at an earlier date. In my eyes, this is a winJwin for all involved. '� I , , ;; ;; In my tenure on Council, I prided myself on my attention to Ward 3 citizens. 1 � regularly attended North End Neighborhood Association meetings for 16 years. j Although I never braadcast my interactions with citizens, there are many people � out there who were very pleased to have easy access to a City official. � �i During the years I served, I supported and voted for r�nany initia�ives that helped ry Dub��c�e becar�e �he pr�gressive, �uccessful city it is today. � • Included "sexual orientation" to the list of protected classes • Voted to develop land for business/tech parks to accommopdate new and/or expanding businesses • Voted to replace our aging Sewer plant, now known as the Water and Resource Recovery Center • Development of the Port of Dubuque �North Port� • Development of the Millwork District i • Approved hiring a second Assistant City Manager whose job was to wark with our State and Federal elected officials. Over time, this collaboration has i resulted in millions of dollars coming into our Gity for a variety af large i projects I� • Supported the Bee Branch construction which eliminated flooding in the ',�i Northend � � I' { 1 also served on many boards that focused on business, tourism, ;i transportation in the Tri-States, and environmental is$ues. I' � Thank you for considering my request. i ,� ,, � � �!i N �� Joyc onnors '' �� 563-599-4907 ' a 5mlouise5�a gmail.com `' , 1 i 4 � � I� � ii � I P, � w � � � � ,� September 9, 2019 � Dear Mayor Buol and City Council Members, I� � J It would be my honor and my preference to continue serving Dubuque until the November 5 election. � ; I have governed alongside you with dignity and dedication, attending every council meeting since being � sworn in,save one. I have had the pleasure of Representing Dubuque in Washington, D.C. and in Des '� Moines to help secure a $500,000 CAT Grant for Miracle League of Dubuque. I'm up to speed on the many matters facing the city. ij During my time on council, I have been vocal about and made positive change on a number of issues, '� such as: � • Advocated for more pesticide-free parks and green spaces j • Proposed more accessible council meetings and city amenities � • Advocated for public safety measures, including metal detectors for Five Flags Center, j� cameras at the Grand River Center parking garage and gaining a better understandirrg of , � sexual assault statistics. • Advocated for the land-locked residents of Eagle Valley subdivision and for safer II�' �; shoulders along Roosevelt St. i� • Advocated for greater local,fresh food access in the North End and elimination of food ' � deserts � � �� !i • Strived to mal<e Dubuque a truly Inclusive community, inside and out. i; • Stood up for small business owners, especially related to their impacts by heavy ; construction • Supported the expansion of affordable,safe housing options �;��, • Challened new developments to meet the needs of our community. (size of units, pet- �I friendly,transportation adjacent) �' • Requested to join and served on the True North Board of Directors li • Faithfully served on other council-required boards such as REAP, Dubuque Initiatives, CI DMATS,Travel Dubuque, Mines of Spain, and more I; • Advocated for a more pet-friendly Dubuque '! • Supported arts initiatives and public investment in the arts � • Represented women on the council � • Strived to help make the City of Dubuque a worl<place of choice � • And much more. I I hope you have enjoyed serving with me as much as I have with you. Regardless,the citizens of 3rd Ward elected me in 2017 to represent them. While I have to leave them earlier than expected, it would mean a great deal to me to fulfill my duty to them for.as long as possible. � Thank you for your consideration. � � "r �`�� Cs Sincerely, � � � � � t � � ,� �. .. ��'"1 Kate Larson � � —� �.- � � � 35 E. 19t"St. '� =-`` •� c'y � � Dubuque, IA 52001 �� ,�> (563) 564-8710 I<atelarson0 a��mail.com � � Kevin Firnstahl ' From: Kate Larson <katelarson0@gmail.com> � Sent: � � Monday, September 09, 2019 1:25 PM � To: Kevin Firnstahl - ; Subject: Letter of Interest for Ward Seat � Attachments: Letter of Interest Larson 9-9-19.docx � '� J �� Dear Kevin, � i� a Please see the attached for my letter of interest to fill the Third Ward vacancy. � Thank you so much, � � i� ;I Kate � �� Click here to report this email as spam. � � 1 ,: I � ;i 0 �u, 'I �� ii 9 tij G R �I� Vi j h �uI r � 0 � � R � � k � � d � � � � � � ,