[Vision2020] City council elections-immediate appt. of Mr. Ament
Art Deco
deco at moscow.com
Tue Nov 15 18:59:15 PST 2005
Donovan, et al,
For practical purposes in Moscow, the AG opinion may settle it.
However, it doesn't settle it at law. There appears to be some ambiguity or
inconsistency in the statute. That is why this discussion is occurring.
The AG's opinion is just another lawyer's opinion which would receive no
special consideration from the court if declaratory relief were petitioned
for.
It is likely, but not certain that the court would rule as the AG argues.
However, here's another question: What would happen if Jon Kimberling would
resign very soon?
Jon is an honorable person and I mean no disrespect toward him. However,
Jon is not in office because of a direct vote of the electorate. He was
asked to serve, he graciously agreed to serve if appointed, he was appointed
by the council, and he did serve with honor (and made some great personal
sacrifices in order to do so). If the AG's opinion is correct, Jon has a
right to continue serving until the first week in January.
However, Jon was not directly elected by the voters.
What are Jon's feelings and opinions about this? About representational
democracy?
What are Jon's feelings and opinions about the difference between being
appointed and being elected?
Does Jon believe that the current will of the electorate is more or less
important than staying in his appointed office a few more weeks regardless
of how well he served?
Aaron campaigned by taking a definite position on several hot-button issues.
Does Jon believe that the latest decision by the electorate means that Aaron
should be allowed to be part of the decisions on those hot button issues
which might come before the council before the first week of January?
Jon will give the citizens of Moscow the answers to these questions above by
his actions. If the AG's opinion is correct, then the matter is now Jon's
call, and best left to his conscience alone.
Art Deco (Wayne A. Fox)
deco at moscow.com
----- Original Message -----
From: "Donovan Arnold" <donovanjarnold2005 at yahoo.com>
To: <pcook818 at adelphia.net>; <vision2020 at moscow.com>
Sent: Tuesday, November 15, 2005 3:58 PM
Subject: RE: [Vision2020] City council elections-immediate appt. of Mr.
Ament
>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:
>> â?oCouncilmen elected at each general city election
>> shall be installed at the first meeting in January
>> following election.â?
>>
>> 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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