MEMORANDUM

TO:

Mayor and Town Council

FROM:

Sabrina Oliver, Town Clerk
Ralph D. Karpinos, Town Attorney

SUBJECT:

Council Vacancy:  Consideration of Appointment

DATE:

November 10, 2008

Tonight the Council continues its consideration of the vacancy on the Town Council which occurred as a result of the death of Council Member Bill Thorpe on September 27, 2008.  The Council may make an appointment to fill the vacancy this evening.

BACKGROUND AND DISCUSSION

On November 3, the Council heard presentations from seven candidates seeking appointment to the Council vacancy:

1.      Amy Chute (Application Withdrawn)

2.      J.M. Green

3.      Loren Hintz

4.      James Merritt

5.      Gene Pease

6.      Will Raymond

7.      Donald Shaw

Following presentations by the seven candidates, the Council placed all seven names in nomination for the vacancy.

(Two persons who filed applications, William Abb and Andre’ Wesson, withdrew from consideration prior to the November 3 meeting.  One applicant, Willard Blaine Rogers, did not attend the November 3 meeting and was not nominated.)

In accordance with Sections2-27 and 2-28 of the Town Code, tonight the Council may make additional nominations from among those applications that were received by the October 31 application deadline and may make an appointment to fill the vacancy.

The voting procedure is not spelled out in the Town Code. All votes must be publicly recorded.  Thus, if the Council chooses to vote by written ballots, the ballots must be signed and would be available for public review following the conclusion of the selection process.  The Council may, in the alternative, vote by a show of hands, or other method by which the votes of each member of the Council can be recorded and made public.

Attached are the agenda materials from the November 3, 2008, Special Meeting and a copy of Chapter 2, Article II of the Town Code establishing the Council’s procedures for considering applicants and filling vacancies.

Paper ballots listing the nominees will be provided to the Council for the meeting.

As indicated by the Mayor on November 3, if the Council makes an appointment this evening, the person selected would be invited to be sworn in at the beginning of the Council’s public hearing scheduled for November 17.  If the appointment process is not concluded this evening, the matter would be considered again on November 17.

ATTACHMENTS

1.      November 3, 2008 agenda materials (begin new page 1).

2.      Chapter 2, Article II of the Town Code (p. 36).