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Council Vacancies

Posted on July 30, 2009July 30, 2009 by Staff

Following is the text of a memo from Chapel Hill Town Attorney Ralph Karpinos on the process for council vacancies.

Council Member Bill Strom’s term of office is scheduled to run until December, 2011. He has resigned effective August 1, 2009.

The procedures for filling a vacancy on the Chapel Hill Town Council are established by Town Ordinance. (See Chapter 2, Article 2 of the Town Code.)

Under the provisions of the Town Code, a vacancy occurring at this time is subject to being filled by the Town Council for the remainder of the unexpired term of Council Member. (Sec. 2-24 of the Town Code)

(In order for a vacancy to be filled by the Town Council only until this fall’s election, it would have had to occur three days before the end of the filing period for candidates for this fall’s municipal elections. (Sec. 2-24 of the Town Code; Chapter 339, 1995 Session Laws))

The first step in the process for filling a vacancy is for the Mayor to announce, at the next Town Council meeting, that there is a vacancy. (Sec. 2-25 of the Town Code)

The Council at this same meeting is required to set a deadline for applications for the vacant seat. Notice of the vacancy is to be published within 7 days of the Mayor’s announcement and the deadline for applying is to be 7-30 days after the notice is published.

At the first meeting held after the deadline for submitting applications, nominations may be made from those applying. At the next Council meeting at least 6 days after nominations have been made, the Council may make an appointment. (Sec. 2-27 of the Town Code)

If an appointment is not made at that meeting, the Code requires the Council to consider the vacancy at each subsequent meeting. (Sec. 2-28 of the Town Code) No specific deadline is established for when the vacancy must be filled.

The Town Council’s procedures for filling a vacancy spelled out in the Town Code are established pursuant to the provisions of the Town Charter. These procedures have been followed for filling vacancies and were last modified in 1995, by Sec. 4.1 of Chapter 339 of the 1995 North Carolina Session Laws and Town Ordinance 95-9-11/O-4.

For information on the vacancy procedure followed after the death of Council Member Bill Thorpe, see agenda item 12 on October 15, 2008 and Town Week Notices Oct. 19 and 26, 2008. These are available at the Town website.

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