A reader suggested that the recall should go forward because the Assembly was to appoint AND THEN hold a special election. An appointment could have been made for a 45-60 day period - enough time to set up a special election. (Bear in mind that an appointment for any reason whatsoever is only good until the next regular election, so the maximum time any appointee can serve is a year.)
What's the lesson in this debacle? I think the lesson is that an Assembly must uncover what they are able to do according to law before any action is taken. In this case, the Assembly seemed to get hung up on the "who" instead of the "what."
Hind sight is always more accurate than foresight. Far be it for me to say what I would have done. But I think the community is seriously signaling to its elected officials: stick to the law. If you are not sure what the law is ask and ask again. The recall, regardless of its "success" or "failure" is a clear warning that the public is going to hold its representatives accountable. That, I think, is a good thing.
Showing posts with label Recall. Show all posts
Showing posts with label Recall. Show all posts
Sunday, September 25, 2011
Monday, August 15, 2011
Recall...and Then What?
A successful recall creates a vacancy (or vacancies) on the Assembly and then we are back to square one: appointment.
Charter and Code both indicate a bias for appointment. The Charter says that the Assembly "...shall attempt to appoint a qualified person within 30 days" (Article II, Section 2.04) and the Code says that the Assembly "...shall, within 30 days, appoint a qualified person..."(2.10.250(A)).
I do not like the idea of 4 or 5 people appointing a person or persons to serve as representative of the community at large. For me, that puts too big a gap between representative and represented, elected and electors. I believe that borough wide elections are the best method for establishing a representative government. If elected Mayor of an Assembly faced with vacancies, I will urge the Assembly to appoint a qualified candidate who garnered at least 40% of the vote in the October 4 election. Unlike the previous appointment debacle, we will remain in session until an appointment is achieved. If necessary, and appropriate, I will use the mayor's right to veto.
However, that being said, I will also work with the Assembly to introduce changes to the Code and if necessary to the Charter, that will give the Haines Borough Assembly the option of calling for a special election to fill a vacancy. I think it is especially appropriate to call for a special election when a seat will be vacated for more than 6 months prior to a regularly scheduled election. On the other hand, when a seat is vacated for 3 months or less, it makes good sense to go with an appointment. The Assembly should have the option. When a vacancy occurs, I believe that the first order of business should be able to be a debatable motion indicating whether the vacancy is to be filled by appointment or by election. Code and perhaps Charter changes are needed to provide that option.
Charter and Code both indicate a bias for appointment. The Charter says that the Assembly "...shall attempt to appoint a qualified person within 30 days" (Article II, Section 2.04) and the Code says that the Assembly "...shall, within 30 days, appoint a qualified person..."(2.10.250(A)).
I do not like the idea of 4 or 5 people appointing a person or persons to serve as representative of the community at large. For me, that puts too big a gap between representative and represented, elected and electors. I believe that borough wide elections are the best method for establishing a representative government. If elected Mayor of an Assembly faced with vacancies, I will urge the Assembly to appoint a qualified candidate who garnered at least 40% of the vote in the October 4 election. Unlike the previous appointment debacle, we will remain in session until an appointment is achieved. If necessary, and appropriate, I will use the mayor's right to veto.
However, that being said, I will also work with the Assembly to introduce changes to the Code and if necessary to the Charter, that will give the Haines Borough Assembly the option of calling for a special election to fill a vacancy. I think it is especially appropriate to call for a special election when a seat will be vacated for more than 6 months prior to a regularly scheduled election. On the other hand, when a seat is vacated for 3 months or less, it makes good sense to go with an appointment. The Assembly should have the option. When a vacancy occurs, I believe that the first order of business should be able to be a debatable motion indicating whether the vacancy is to be filled by appointment or by election. Code and perhaps Charter changes are needed to provide that option.
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