Emergency Succession
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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