AGENDA #1

MEMORANDUM

TO: Town Council
FROM: Kevin Foy, Mayor
SUBJECT: Council Vacancy
DATE: September 4, 2009

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 resignation of Bill Strom on August 1, 2009.

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 resignation of Council Member Strom.

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 2, 2009, as the deadline for applications to be filed.  This would allow the applications to be distributed with the Council’s agenda for the business meeting on October 12th. (The Town code (Sec. 2-28) requires that this matter be considered at each meeting after the October 2 deadline.  Thus, the matter will be placed on the agenda for each meeting.  However, I am recommending that the Council choose to defer action until it hears applicant presentations on November 9)  Section 2-27 of the Town code provides that the Council shall review the applications and make nominations at that meeting.  All nominations under this article shall be made only from applications received by the application deadline and only those who have submitted an application prior to the application deadline can be considered for appointment.  At a subsequent regular or special meeting at least six days after the October 12th 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 the Business Meeting on November 9th.  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 2 deadline for the submittal of applications for the vacant seat on the Town Council and inviting applicants to attend the Business meeting on November 9th and make brief remarks regarding their interests in serving on the Town Council.

I propose the following schedule:

September 4:  vacancy announced and applications accepted
October 2:  deadline for applications to be filed
October 12: Council Business Meeting to review applications and make nominations. 
November 9: Applicants will have an opportunity to make brief remarks regarding their interests in serving on the Town Council and Council may make an appointment that evening. 

A copy of Article II of Chapter 2 of the Town Code is attached.