HomeMy WebLinkAbout277-21 RESOLUTIONOF FAYF,7
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 277-21
File Number: 2021-0836
WARD TWO, POSITION TWO VACANCY:
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2021 P'ov -4 PH 1: 37
BECKY LE'WA? LEN
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A RESOLUTION TO CALL A SPECIAL ELECTION TO FILL A VACANCY OF THE CITY
COUNCIL MEMBER FOR WARD 2, POSITION 2 OF THE CITY OF FAYETTEVILLE
WHEREAS, a vacancy in the office of the Council Member of Ward Two, Position 2 occurred on
October 25, 2021, in the City of Fayetteville; and
WHEREAS, pursuant to A.C.A. § 14-43-41 1(b) the Fayetteville City Council has voted to call a
special election to fill this vacancy.
NOW, THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby calls a special election to
till the vacancy for a Council Member in Ward 2, Position 2 of the City of Fayetteville for February 8,
2022
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the
circulation period for petitions of candidacy shall begin on November 12, 2021 and end at noon on
November 29, 2021, and the ballot position drawing shall be conducted on November 30, 2021 at
the place and time selected by the Washington County Election Commission.
PASSED and APPROVED on 1 1/2/2021
Page 1 Printed on 1113121
Resolution. 277-21
File Number: 2021-0836
Ap
ioneld Joydan Mayor
Attest:
Kara Paxton, City Clerk
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Page 2 Printed on 1113121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0836
Agenda Date: 11/2/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: C.6
WARD TWO, POSITION TWO VACANCY:
A RESOLUTION TO CALL A SPECIAL ELECTION TO FILL A VACANCY OF THE CITY
COUNCIL MEMBER FOR WARD 2, POSITION 2 OF THE CITY OF FAYETTEVILLE
WHEREAS, a vacancy in the office of the Council Member of Ward Two, Position 2 occurred on October
25, 2021, in the City of Fayetteville; and
WHEREAS, pursuant to A.C.A. § 14-43-411(b) the Fayetteville City Council has voted to call a special
election to fill this vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby calls a special election to fill the
vacancy for a Council Member in Ward 2, Position 2 of the City of Fayetteville for February 8, 2022.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the circulation
period for petitions of candidacy shall begin on November 12, 2021 and end at noon on November 29, 2021,
and the ballot position drawing shall be conducted on November 30, 2021 at the place and time selected by
the Washington County Election Commission.
City of Fayetteville, Arkansas Page 1 Printed on 111312021
Legistar ID No.: 2021-0836
AGENDA REQUEST FORM
FOR: Council Meeting of November 2, 2021
FROM: Mayor
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO DECLARE A VACANCY IN WARD TWO, POSITION TWO AND
TO DETERMINE HOW THE VACANCY SHALL BE FILLED
1,017012A
Date
_ 10/20/ZI
Asst. City Attorney Blake Pennington Date
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Kara Paxton, City Clerk Treasurer
Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
FROM: Blake Pennington, Assistant City Attome
DATE: October 18, 2021
RE: City Council Member Matthew Petty's Resignation
I&
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
This morning I received a copy of City Council Member Matthew Petty's letter of
resignation. The letter indicates that the effective date of this resignation is October 25,
2021.
With respect to a vacancy in the office of City Council Member, Ark. Code Ann. § 14-43-
411(b)(1) requires:
,at the first regular meeting after the occurrence of the vacancy, the city
council shall proceed to either elect by a majority vote of the remaining
members elected to the council a council member to serve for the unexpired
term or call for a special election..."
The "first regular meeting after the occurrence of the vacancy" will be November 2, 2021.
The City Council must then either elect a replacement Council Member or call for a
special election pursuant to A.C.A. § 7-11-101, et seq.
The first motion on this issue should be one either moving to elect a new Council Member
by Council Member vote or a motion to call for a special election. Once either the election
by City Council versus special election option is selected, the appropriate procedure for
either option can begin.
City Council Election Option
The state statute is silent about what Council Members should do prior to electing "by
majority vote' the new Council Member so this procedure is almost totally discretionary
with the City Council. In the past, persons interested in filling the vacancy applied and
were interviewed by the City Council during the meeting. Then a public vote was taken
to elect the replacement.
When filling a vacancy in 2017, the City Council received letters of interest and resumes
without any formal application because there was only one day between the occurrence
of the vacancy and the meeting at which the vacancy was required to be filled. Given the
amount of time you have until the decision must be made, an application form could be
made available and applications could be received until November 2.
Special Election Option
As a second option, the statute refers to A.C.A. § 7-11-101 to fill a vacancy by special
election. My review of that subchapter reveals a special election could be held on January
11, 2022 or February 8, 2022. Our office will prepare a call for a special election resolution
in case this is what the majority of the City Council votes to do.
i-CA
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: October 26, 2021
RE: Motion and Resolutions for Council Member Vacancy
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
To facilitate the parliamentary procedure for the City Council to address the
vacancy of Council Member Petty in Ward 2, I have attached two possible Resolutions.
One Resolution would call for a Special Election to elect a new Council Member on
February S, 2022. The other Resolution would elect a replacement Council Member by
City Council vote during your upcoming City Council Meeting on November 2, 2021.
The first issue that should be addressed is the City Council's choice between
electing a replacement Council Member or referring the decision to a Special Election.
This should be done by a City Council Member moving either:
(1) To elect a Council Member by the City Council to serve the
unexpired term of former Council Member Matthew Petty; or
(2) To call for a special election to elect a new council member to replace
former Council Member Matthew Petty.
This initial motion is an internal motion (like a motion to table). This means that
the number of votes needed to pass this internal motion is dependent upon the number
of members of the council present and voting. Thus, because of the vacancy in Matthew
Petty's position, any absence of another Council Member would mean that the motion
would require only four votes to pass. The Mayor may, as usual, vote if "the Mayor's
vote is needed to pass any ordinance, by-law, resolution, order or motion." A.C.A. § 14-
43-501(b)
Either Resolution, however, shall still continue to require five affirmative votes to
pass pursuant to A.C.A. § 14-55-203 Voting requirements for passage. "To pass any by-
law, ordinance or resolution... , a concurrence of majority of the whole number of
members elected to the council shall be required."
This is slightly altered by A.C.A. § 14-43-411(b)(1) which requires a "majority vote
of the remaining members elected to the council.... " As "this language would include
the Mayor since he is an ex officio member of the council," Gibson v. City of Trumann, 311
Ark 561, 562, 845 S.W.2d 515, 516 (1993); the Mayor must also be counted when
determining the number of "remaining members elected to the council" which would be
eight. Thus, five affirmative votes (which could include a vote by Mayor Jordan) would
be needed to pass either Resolution.
Please keep in mind that the state statute says: "at the first regular meeting after
the occurrence of the vacancy, the city council shall proceed to either elect... a council
member ... or call for a special election to be held ...." A.C.A. § 14-43-411(b)(1)
(emphasis added). Therefore, the City Council has a mandatory duty to either elect a
new council member or call for a special election at the November 2, 2021 City Council
meeting.
2
RESOLUTION NO.
A RESOLUTION TO CALL A SPECIAL ELECTION TO FILL A VACANCY OF THE CITY
COUNCIL MEMBER FOR WARD 2, POSITION 2 OF THE CITY OF FAYETTEVILLE
WHEREAS, a vacancy in the office of the Council Member of Ward Two, Position 2 occurred on
October 25, 2021, in the City of Fayetteville; and
WHEREAS, pursuant to A.C.A. § 14-43-411(b) the Fayetteville City Council has voted to call a
special election to fill this vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I . That the City Council of the City of Fayetteville, Arkansas hereby calls a special
election to fill the vacancy for a Council Member in Ward 2, Position 2 of the City of
Fayetteville for February 8, 2022.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines that the
circulation period for petitions of candidacy shall begin on November 12`h, 2021 and end at noon
on November 29"', 2021, and the ballot position drawing shall be conducted on November 30'h,
2021 at the place and time selected by the Washington County Election Commission.
PASSED and APPROVED this 2nd day of November 2021.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Williams, Kit
From: Williams, Kit
Sent: Tuesday, October 26, 2021 2:16 PM
To: 'Jennifer Price'
Cc: Pennington, Blake; Jordan, Lioneld; Norton, Susan
Subject: RE: Special election dates for council member
Thank you , Jennifer,
In light of your comments, I will go with a filing deadline of November 29tn and the ballot position draw on
November 30tn. I will suggest the circulation period for the petitions for candidacy to be from November 12tn until
November 29tn
Kit
From: Jennifer Price <JPrice @washingtoncountyar.gov>
Sent: Tuesday, October 26, 2021 2:06 PM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>
Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Norton, Susan
<snorton@fayetteville-a r.gov>
Subject: RE: Special election dates for council member
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good Afternoon,
I looked over both West Fork's Ordinance for a Mayor's vacancy and Springdale's ordinance for a Council Member's
vacancy and did not find a lot of consistency between the two.
It does appear that both special elections had the filing period end before the 60 deadline to call the Election. If we go
with the new law that would be 70 days before. That deadline is November 30t".
Filing periods for the two elections were 20 days for West Fork and 35 days for Springdale. The language does appear
to set the filing and circulation of petitions as the same time frame. I don't have any petitions in my office and the
County Clerk doesn't have any to verify that signatures were not collected prior to the first day of filing. West Fork
passed their resolution on December 9, 2008 and filing began January 14, 2009 and ended February 3, 2009. Springdale
passed theirs on April 16, 2013 and filing began on May 1, 2013 and ended on June 4, 2013.
Springdale had their deadline for the ballot draw 3 days following the end of filing on June 7, 2013. 1 am not sure but I
think the 3 days after the end of filing had more to do with the publication of the Notice for the Ballot Draw which must
be published 72 hours before the ballot draw. I talked with the County Clerk, and she will quickly be able to verify the
confirm the proper petitions as they are presented, and if you end the filing period at noon, then she would be able to
certify the list to the Election Commission that afternoon. Both West Fork and Springdale ending their filing at noon.
The Courthouse will be closed on November 25t" and November 26t". So this would impact the number of days for the
filing period. To answer your question about the mandatory days, I do not know. And both ordinances I have both
contain different time frames.
The language of both ordinances state that the City Council will establish the deadline for the filing period.
We can do the ballot draw the day after the filing period ends. So that won't be a problem.
Thanks
Jennifer
From: Williams, Kit [mailto kwilli!ams ffayetteville-ar,goy]
Sent: Tuesday, October 26, 2021 10:35 AM
To: Jennifer Price <JPrice Pwashingtoncountyar.goov>
Cc: Pennington, Blake <b pennin ton fa etteviile-ar, ov>; Jordan, Lioneld <1"ordan fa etteville-ar. ov>; Norton, Susan
<snorto n @fayettevi ile-a r.gov>
Subject: Special election dates for council member
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Jennifer,
Thanks for the first chart you provided us concerning some dates that we must include in the Resolution calingl
for a special election to fill the vacancy on the Council. I hope that you can help us determine all dates that we are
required to include in the Resolution pursuant to A. C. A. § 7-11-102 Content of calling document.
In order to be in compliance with both the old and new law's required length of time before the election can be
held after the date for drawing ballot position, we believe that February 8, 2022 should be the special election
date. However, now I need to know the rest of the required dates that I must include in the Resolution pursuant to § 7-
11-102:
(1) Deadline for filing as an independent candidate;
(2) Period in which petitions for independent candidacy may be circulated; and
(3) Deadline for drawing for ballot position.
My calculations for drawing for ballot positions coincides with your "filing date" of November 30, 2021. 1 doubt
that you would want the drawing for ballot position to occur on the actual last filing date since the clerk will need some
time to process the petitions to ensure the proper number of eligible voters have signed the petition before anyone
draws for position. Thus, I would suggest you speak with the County Clerk to determine how much time they may need
to confirm proper petitions have been presented. I believe that we need to back up the filing deadline at least to
November 29th. We will have problems pushing it back any further as then we run into the weekend. The city is closed
both Thursday and Friday (November 2511 and 26th) for Thanksgiving. I do not know the County's holiday schedule, but if
you are also closed, we might have to go all the way back to Wednesday, the 24th. That would really shorten the filing
period, but I could not find a mandatory length for a filing period.
I would suggest a ending date for filing of the petitions of November 29th and a drawing for ballot position of
November 30, 2021. Would a two week period for obtaining signatures of November 15th through November 29th
conform with state law? If so, these would be the dates that I will place within the Resolution to comply with § 7-11-
102.
Again, thanks for all your help on these election issues.
Kit
356
357 SPECIAL ELECTIONS 7-11-103
itely shall
;he county
error, the expiration of the period of time Governor and the veto is overridden, the
during which the Governor may veto the date the last house overrides the veto."
bill; or (3) If the bill is vetoed by the Acts 2011, No. 1185, § 21: Oct. 2, 2011.
her name
e political
7-11-101. Calling elections to fill vacancies.
do. 1286 re-
All Special elections and other elections to fill a vacancy in an office
{C), (d), (e-.
shall be called by proclamation, ordinance, resolution, order, or other
authorized document of the appropriate constituted authority.
tituted "Ad -
istrativeAs-
History. Acts 2009, No. 1480, § 47.
artisan Fil-
7-11-102. Content of calling document.
The proclamation, ordinance, resolution, order, or other authorized
document of the appropriate constituted authority calling a special
election or other election to fill a vacancy in an office shall set forth:
(1) The date of the election;
Ark. Llttic
(2) The date of the special primary election, if any;
(3) The date of the special primary runoff election, if any is required,
(4) The deadline for filing as a party candidate with the county clerk
or Secretary of State, as the case may be;
(5) The deadline for party conventions to select nominees if appli-
cable;
(6) The deadline for parties to issue certificates of nomination
or
certified lists of nominees, as the case may be, if applicable;
(7) The deadline for candidates to file certificates of nomination, if
applicable, with the county clerk or Secretary of State, as the case may
be;
(8) The deadline for filing as an independent candidate and the
period in which petitions for independent candidacy may be circulated;
eptions —
(9) The deadline for filing as a write-in candidate if applicable;
;.
(10) The deadline for drawing for ballot position by the county board
:tions held
with regu-
of election commissioners; and
i primar.
(11) The date the election shall be certified by the county board of
iarate bal-
election commissioners in each county in which the election takes place
and, if applicable, by the Secretary of State.
History. Acts 2009, No. 1480, § 47.
;ens ofthiQ
7-11-103. Filling vacancies in state, federal, or district offices.
3d election
ergency is
(a) The proclamation, ordinance, resolution, order, or other autho-
ring imme-
trvation o
riled document of the appropriate' constituted authority calling a
special election to fill a state, federal or district office shall be filed with
afety shall
'ate of its
the Secretary of State, who shall immediately transmit the document to
'the bill is
the county board of election commissioners of each county where the
r the Gov-
special election shall be held.
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RESOLUTION NO.
A RESOLUTION TO ELECT AS CITY COUNCIL MEMBER
FOR WARD TWO, POSITION TWO OF THE CITY OF FAYETTEVILLE
WHEREAS, a vacancy in the office of the Council Member of Ward Two, Position Two occurred
on October 25, 2021 in the City of Fayetteville; and
WHEREAS, the City Council pursuant to A.C.A. § 14-43-411(b) has voted to elect
as the replacement City Council Member for Ward Two, Position Two.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby elects
to the office of City Council Member of Ward Two,
Position Two in the City of Fayetteville pursuant to A.C.A. § 14-43-411(b) to serve the
remainder of the previous Council Member's term.
PASSED and APPROVED this 2nd day of November 2021.
APPROVED:
al
LIONELD JORDAN, Mayor
ATTEST:
I0
KARA PAXTON, City Clerk/Treasurer
Cary COUN(,ii,
October 18, 2021
Mayor Jordan and Councilmembers
Via Kara Paxton, City Clerk
Re: Resignation effective 10/25.
Dear Mayor Jordan and colleagues, friends, and neighbors,
I have greatly enjoyed knowing you and working with you as a Ward 2
Councilmember over the past 13 years. This letter serves as my formal
notice of resignation from our City Council, effective October 25, 2021. As
my workload and associated travel has increased, it has become more
difficult for me to continue to provide the level of service that I expect of
myself and so I am stepping aside to make room for another to implement
Ward 2's progressive agenda.
Fayetteville is my home and I feel lucky to keep sharing it with my family
and the community at large. I am proud of what we have been able to
accomplish together and grateful for the role voters have chosen for me
four times. Being elected in my twenties and serving for almost thirteen
years has been an incredible learning experience. Take it from me: public
service is worth it. (More people should consider it.)
Though this is a big change, I will always seek out ways I can contribute
because I was raised to always stand up for our values and my
convictions. I believe many people in Fayetteville share this ethos. It's
become cliche to say the world is changing and we will only get to the
other side together, but it's true.
In and respe
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CITY OF FAYETTEVILL& 1 113 W MOUNTAIN STREET I FAYET'TEVILLF., Aft 72701 1 WWiN,FAYl;'T'I'EVIL.LF-A.R.GOV