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Emergency Succession 4 , D~~~E ~ck~ MEMORANDUM November 30, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Emergency Succession In the City Council goal setting session, the question was raised about emergency succession should the Mayor become incapacitated or be unavailable during a time of emergency. Corporation Counsel Barry Lindahl, Emergency Management Director Tom Berger and Fire Chief Dan Brown have developed an ordinance establishing that succession. I respectfully request Mayor and City Council approval. (J1tv4 &A/lIJL Michfiel C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Dan Brown, Fire Chief Tom Berger, Emergency Management Director c BAR R Y A. L I N D A H L, E CORPORATION COUNS CITY OF DUBUQUE MEMO To: Michael C. Van Milligen City Manager DATE: November 22, 2005 RE: Emergency Succession Mike: The attached ordinance provides for emergency succession for the mayor and council members. You asked what would occur if there were (1) insufficient council members to constitute a quorum or (2) no council members to succeed. 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 must be called at the earliest practicable date. Iowa Code S 372.13(2)(b). Cases interpreting this section have held that even one remaining council member can call for the special election. The special election is held to fill the office or offices for the remaining balance of the unexpired terms. If there are no remaining council members, Iowa Const. Art. IV S10 provides that the governor fills the vacancy: When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the general assembly, or at the next election by the people. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org Prvparvr: Barry A. Lindahl. ESQ. Address: Suite 330 Harbor View Place 300 Main Street Dubuque. IA 52001 Telephone: 15631563-4113 ORDINANCE NO. 67-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 2-86 ESTABLISHING THE EMERGENCY SUCCESSION FOR THE MAYOR AND COUNCIL MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 2-86. Emergency Succession: When the mayor and the mayor pro tem are absent or unable to act, the council members in the following order of succession shall perform the mayor's duties, except that a succeeding council member may not appoint, employ or discharge officers or employees without the approval of the city council: (a) Council member at large who has served the longer consecutive term In office; then Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order; (b) Ward Council member who has served the longest consecutive term in office; then Ward Council member who has served the next longest consecutive term in office, and so on; in the event that the consecutive terms of council members in such order are the same, then in alphabetical order. Official actions of a succeeding council member when the mayor and mayor pro tem are absent or unable to act are legal and binding to the same extent as if done by the mayor or mayor pro temp. A succeeding council member retains all the council member's powers as a member of the city council. Section 2. This amendment shall take effect upon publication. Passed, approved and adopted this 5th da of December, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\tsteckle\LindahI\Ordinances\CounciIMemberSuccession_k22.doc