AGENDA #12

MEMORANDUM

TO:                  Town Council

FROM:            Kevin Foy, Mayor

SUBJECT:      Council Vacancy

DATE:            October 15, 2008

PURPOSE AND BACKGROUND

The purpose of this memorandum is to begin the process of filling the vacancy on the Town Council as a result of the death of our colleague Bill Thorpe on September 27, 2008.

The Town Charter (Sec. 2.3) provides that this vacancy shall be filled by appointment of the Town Council.  Pursuant to this Charter provision, the Council has adopted a process in Article II, Chapter 2 of the Town Code for the filling of the vacancy.

DISCUSSION

In accordance with Section 2-25 of the Town of Chapel Hill Code of Ordinances it is my responsibility to announce at this meeting the vacancy on the Chapel Hill Town Council created due to the death of Council Member Thorpe.

Section 2-25 of the Town Code further provides that the Council shall at this meeting set a deadline for applications for the vacant seat.  The deadline for applications shall be no less than seven days and no more than thirty days after publication of a notice of the vacancy.  Notice of the vacancy will be published within the next seven days.

There is no official form for applications.  Under Sec. 2-26 of the Town Code, applications are required to include the name, residence address and signature of the applicant.  (Thus, the code would indicate than an original application (e.g. letter) and signature and not a fax or email transmission would be required by the application deadline established by the Council.)  Additional information supporting the application may also be included.

I recommend that the Council set a date of October 31, 2008, as the deadline for applications to be filed.  This would allow the applications to be distributed with the Council’s agenda for a Special meeting November 3.  Section 2-27 of the Town code provides that the Council shall review the applications and make nominations at that meeting.  At a subsequent regular or special meeting at least six days after the November 3 meeting, the Council may make additional nominations and may make an appointment.

When vacancies have occurred on the Council in the recent past, the Council has invited applicants to attend a Council meeting and make a brief presentation.  If the Council desires to use this procedure for this vacancy, candidates could be invited to attend and make presentations at a Special meeting on November 3.  I would recommend that whenever held, the candidate presentations be at a meeting which is on cable television.

RECOMMENDATION

I recommend that the Council adopt the attached resolution setting an October 31 deadline for the submittal of applications for the vacant seat on the Town Council and inviting applicants to attend a Special Council meeting on November 3 and make brief remarks regarding their interests in serving on the Town Council.

I propose the following schedule:

October 15:  vacancy announced and applications accepted
October 31:  deadline for applications to be filed
November 3: Special Council Meeting to review applications and make nominations.  Applicants will have an opportunity to make brief remarks regarding their interests in serving on the Town Council.
November 10: Council makes appointment at regularly scheduled Business Meeting

ATTACHMENT

  1. Copy of Article II of Chapter 2 of the Town Code (p. 4).

ADDITIONAL INFORMATION

  1. Resolution R-20, as Amended (p. 4).