[Vision2020] City council elections-immediate appt. of Mr. Ament

[Donovan Arnold]

I guess that settels the matter, unless there have
been other rulings since that correspondence in 1987.
Ament cannot take office until January of 2006. 

I think the state needs to amend the statue § 50-704
so it is consistent with the language in statue §
50-702.

When a federal or state elected official is elected to
fill a vacancy, the candidate takes office before the
other candidates elected to a full term. Why that
cannot be the case in the city elections, I have no
idea. There is no logic behind that reasoning if a
democratic government is the intent. 

Take Care,

Donovan J Arnold



--- Philip Cook <pcook818 at adelphia.net> wrote:

> The following is from the Idaho Attorney General's
> Annual Report, 1987.
> 
> Philip Cook
> 
> *******Quoted material follows*******
> 
> September 25, 1987
> 
> James B. Weatherby
> Executive Director
> Association of Idaho Cities
> 3314 Grace Street
> Boise, ID 83703
> 
> THIS CORRESPONDENCE IS A LEGAL GUIDELINE OF THE
> ATTORNEY GENERAL SUBMITTED FOR YOUR GUIDANCE
> 
> Re:	City Council Vacancies
> 
> Dear Jim:
> 
> In your letter of August 26, 1987, you ask several
> questions concerning successors in office to council
> members appointed to fill a vacancy. Specifically,
> you ask at what point is a successor elected and
> qualified to assume a council office when the person
> appointed to fill a vacancy either is defeated in
> the election or declines to seek election. You
> further ask that the answer be provided as it
> relates to a term which still has two years to run
> and to a term which expires and election is for a
> regular term.
> 
> Idaho Code § 50-704 provides the manner in which a
> vacancy to the city council is filled:
> 
> A vacancy on the council shall be filled by
> appointment made by the mayor with the consent of
> the council, which appointee shall serve only until
> the next general city election, at which such
> vacancy shall be filled for the balance of the
> original term.
> 
> Idaho Code § 50-702 provides for the point at which
> councilmen elected take office:
> “Councilmen elected at each general city election
> shall be installed at the first meeting in January
> following election.”
> 
> The general rule governing taking office upon
> election to fill an unexpired term is that the
> person who wins the election takes the office
> immediately upon election and qualification;
> generally within a reasonable time after the
> election. 67 C.J.S. Officers, § 79. However, where
> a statute provides otherwise, the person elected to
> fill an unexpired term takes office at the time
> prescribed in the statute. Id. White v. Young, 88
> Idaho 188, 397 P.2d 756 (1964).
> 
> Reading §§ 50-702 and 50-704 together, it is clear
> that in Idaho the statutes provide a single, direct
> answer to the various scenarios posed in your
> question. Thus, a person elected to fill an
> unexpired term as provided by § 50-704 would assume
> office on the first meeting of the council in
> January following the election. The same would hold
> true for the person elected for a full term which
> commences in January following the election. That
> person also would not take office until the first
> meeting in January following the election.
> 
> Each of these conclusions is consistent with the
> holding in White v. Young, supra, where the Idaho
> Supreme Court held that a county officer will take
> office at the time designated by statute.
> 
> If our office can be of further assistance, please
> call.
> 
> Sincerely,
> 
> DANIEL G. CHADWICK
> Chief, Intergovernmental Affairs Division
> 
> ******End quoted material ********
> 
> 
>
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