[Vision2020] John Dickinson replacement scenarios

[jeanlivingston]

My sense of the situation with John Dickinson's seat on Council is that the legal eagles that have looked at the issue find no indisputable basis or provision for replacing John, unless he is declared dead.  That would easily be done if there were a body found, but without a dead body or a live one with the ability to resign as Jack Hll did, the situation is an anomaly that does not seem to have a ready answer.  There really seems to be no prescribed basis for a replacement in this situation.  One possibility might be to file a declaratory judgemnt action in court and try to prove that the City can't function unless the court orders a replacement.  But it is not at all clear that the City cannot function without John's presence.  Dan's point about the increased likelihoood of a quorum problem without replacing the "vacant" spot might provde such a basis, but when you add in the debatable nature of that argument, (i.e., generally business can be conducted), plus the time and !
 expense
of litigating the issue in court, maybe the powers that be have decided that it is better to continue to just "wait and see."  

Bruce Livingston


-----Original message-----
From: "Dan Carscallen" areaman at moscow.com
Date: Fri, 23 Feb 2007 07:51:08 -0800
To: vision2020 at moscow.com
Subject: Re: [Vision2020] vision 2020 proposal

> Tom says:
> "If John Dickinson's term expires in December of this year, I assume
> then that there is an election scheduled for this November?  If so,
> wouldn't it be more prudent to simply let it remain vacant until
> somebody is elected to fill it?"
> 
> Yes, elections are again this November.  And that may be Mayor Chaney's
> plan--just leave it open for the next 10 months.  I don't know if she
> can be "forced" to fill the position, but if we have situations again
> where two council members get sick, with an appointment we'd still have
> a quorum.  Right now, only one council member can be absent at a time
> and still allow the council to do the city's business.
> 
> Not that it's that big a deal, but it might be to some people.
> 
> DC
> 
> 
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