Council Must Appoint District 3 Representative by Oct. 4, After That it Gets Tricky

The City Council has until Oct. 4 to appoint a District 3 City Councilperson to fill the vacancy caused by John J. Kennedy’s death according to the City Charter.

After that, there’s some leeway, but it looks like the appointed Councilmember may have to be reconfirmed by the Council again in December, due to Kennedy’s victory in the June Primary Election.

Kennedy was re-elected last month by an overwhelming margin to another four year term, which means his current term ends in December.

The Council-appointed Councilmember will finish out that term, and unless the city calls a special election, the Council must decide how to proceed with the District 3 seat on Dec. 12 when Kennedy was scheduled to be sworn in for his next term.

According to the City Charter, “if a vacancy occurs among any other members of the City Council, the remaining members shall within 75 days after such occurrence appoint a qualified resident voter of the unrepresented district who shall hold office until the office is filled at the next general municipal election. If the City Council cannot agree on one person to fill the vacancy, the replacement shall be chosen by lot.”

Although the next General Election is scheduled for Nov. 8, there is no general municipal election scheduled because the three City Council races were decided in the primary election in June when Kennedy, Jess Rivas and Jason Lyon each won with more than 50% of the vote to avoid a General Municipal Election.

The City cannot call the General Election due to the primary results.

Kennedy was supposed to be sworn in on Dec. 12 along with Jess Rivas and incoming Councilmember Jason Lyon for another four year term.

That could mean that after Rivas and Lyon are sworn in, the Council will have to vote to reappoint the District 3 Councilmember to account for the new term.

Lyon’s first vote could be on that appointment.

According to a statement by City Manager Cynthia Kurtz, City Attorney Michelle Bagneris is working on the options the Council has regarding the vacant District 3 seat.

“We’ll be talking to the Mayor soon to discuss the options and when he and the Council will decide the next steps,” Kurtz said.

The next general municipal election will be held in 2024.