Fourth Ward VacancyRESOLUTION NO. 66-11
INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL
MEMBER BY APPOINTMENT
Whereas, there is a vacancy in the Office of City Council Member for the Fourth
Ward; and
Whereas, Iowa Code § 372.13(2)(a) allows the vacancy to be filled by
appointment by the remaining members of the council for the period until the next
pending election; and
Whereas, the council must publish notice in the manner prescribed by Iowa 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 Fourth Ward by appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA AS FOLLOWS:
Attest:
1. The City council hereby elects to fill the vacancy in the Office of City Council
Member for the Fourth Ward by appointment following the publication of the
required notice.
2. The City Clerk is directed to publish the attached notice in the manner prescribed
by Iowa Cbde § 362.3.
Passed, approved and adopted this22na day of February
anne F. Schneider, City Clerk
eanne F. Schneider, City Clerk
, 2011.
Roy D. ol, Mayor
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THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 16, 2011
RE: Filling a Vacancy in City Council Office
Iowa Code § 372.12 provides that when a vacancy occurs in a city council office, the
vacancy must be filled. Listed below are the two options available for filling such
vacancy:
1. By appointment by the remaining members of the council.
a. The appointment is for the period until the next pending election which would
be the city election in November 2011.
b. The appointment must be made within forty days after the vacancy occurs.
c. The council must 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.
d. The council may make the appointment to fill the vacancy after the notice is
published.
e. 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.
f. The number of signatures of eligible electors of a city for a valid petition is 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
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAX (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
preceding regular election at which the office was on the ballot, whichever
number is fewer.
2. By a special election held to fill the office for the remaining balance of the
unexpired term.
a. 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.
b. The council must 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 must give the county commissioner
at least sixty days' written notice of the date chosen for the special election.
Attached is a copy of Iowa Code Section 372.13 for your reference.
If you have any questions regarding this matter, please call me at your convenience.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
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Iowa Code § 372.13 The council.
1. A majority of all council members is a quorum.
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:
a. 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 for the period until the next pending
election as defined in section 69.12, and shall be made within forty days after the
vacancy occurs. 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:
(1) 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.
(2) 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.
(3) 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.
(4) The minimum number of signatures for a valid petition pursuant to subparagraphs
(1) through (3) 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) By a special election held to fill the office for the remaining 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.
TO: Jeanne Schneider
FROM: Tom O'Neill
RE: Cost of Special Elections
DATE: Febniary 17, 2011
Jeanne:
Dubuque County Elections
720 Central l A re
Dubuque, Iowa 52001- 7056
You requested an estimate of the cost for a special election to fill the Ward Four seat on the City Council due
to the death of Councilman Voetberg. 1 would not anticipate much difference in cost between the primary (if
necessary) and the general election.
The following items were assumed in making this estimate:
* The Council gives notice of vacancy of the ward four seat.
* The Council takes action of a notice of election on February 22, 2010.
* The call for election is filed with the County Auditor on February 23, 2010.
The general election could be held as early as April 26, 2011 with the primary election, if necessary, held on
March 29, 2011. All nomination papers would need to be filed in the City Clerk's office by 5:00 p.m. on
Thursday, March 3, 2010.
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* A total of 8,838 voters would be eligible to vote in the special election.
* There would be an approximate turn out of voters in the fourth ward of about 10% (895).
* That 10% of the voters would vote by absentee.
* Normal polling sites would be used for the election.
The cost for a special election for Ward Four would be approximately $7,585.00 per election.
The last time this office was on the ballot was in 2007. There were 8,713 eligible voters and 567 voted in the
primary and 1,270 voted in the general election.
This afternoon you also requested a time line for the election to be held. For the purpose of this time line, again
there needs to be some assumptions made in order to give an election date.
Defuse Linhtn.
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13
6
13
20
Sunday
Monday
14 1 15 16 17
20 21 22
Council announces
vacancy to be filled
by appointment
27 28
7
City Council makes
appointment
8 (February)
Vacancy occurs
29
Tuesday
23
27 28 1 (March) 2
Wednesday
24
9 10
30 31
Thursday
10 11
Friday
18 19
25
. Notice published
(est) (362.3)
3 4 5
Tom
Saturday
12
26
1 12
14 15 16 17 18 19
21 i 22 23 24 25 26
Last day to file
petitions for Special i
Election (372.13)
Jeanne: If there is a petition filed the Council needs to give us at least 60 days notice of the election. As an example, if the City gives
us notice on March 23 that they are calling a special election the earliest date for that election would be May 24, 2011. Nomination
petitions would need to be filed by March 31, 2011. IC 372.13 2 B (1) The Primary, if needed would be held on April 26, 2011. Any
questions, give me a call.
CITYOF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD
CITY COUNCIL MEMBER BY APPOINTMENT
Pursuant to Resolution No. 66-11 notice is hereby given that the City Council
intends to fill the vacancy in the Office of City Council Member for the Fourth Ward by
appointment as provided by law. The appointment is for the period until the next
pending election.
Electors of the Fourth 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., Monday,
March 7, 2011. The City Council will conduct individual interviews at a Special City
Council meeting to be held on Saturday, March 12, 2011 at 10:00 a.m. in the Historic
Federal Building. The appointment will be made at the March 21, 2011 City Council
meeting.
The electors of the Fourth 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 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 the 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 February 25, 2011.
Jeanne F. Schneider, CMC
City Clerk
1t 2/25
Attest:
RESOLUTION NO. -11
INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL
MEMBER BY SPECIAL ELECTION
Whereas, there is a vacancy in the Office of City Council Member for the Fourth
Ward; and
Whereas, Iowa Code § 372.13(2)(b) allows the vacancy to be filled by a special
election held to fill the office for the remaining balance of the unexpired term, which
special election must be called by the City Council at the earliest practicable date; and
Whereas, the City Council has elected to fill the vacancy in the Office of City
Council Member for the Fourth Ward by a special election; and
Whereas, the City Council must give the County Commissioner at least sixty
days' written notice of the date chosen for the special election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA AS FOLLOWS:
1. The City council hereby elects to fill the vacancy in the Office of City Council
Member for the Fourth Ward by a special election.
2. The County Commissioner is requested to hold a special election on the
day of , 2011 to fill the vacancy in the Office of City Council Member
for the Fourth Ward for the remaining balance of the unexpired term.
3. The City Clerk is directed to provide a copy of this resolution to the County
Commissioner .
Passed, approved and adopted this day of , 2011.
Jeanne F. Schneider, City Clerk
Roy D. Buol, Mayor
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