With the July 7 announcement by Mitch Kingsley that he will resign his Bluffton council post on Sept. 1, the council is again in the search for a new member.
The 30-day clock starts ticking on Sept. 1 for council to replace Kingsley. If that does not happen, Mayor Judy Augsburger will appoint his replacement.
Council has not announced whether it will directly appoint a replacement for Kingsley or will invite Bluffton residents to apply for the post.
Earlier this summer Steve Chamberlain, village solicitor, provided The Icon with the options Bluffton council has when considering a new council appointment.
His explanation follows:
RESIGNATION OF COUNCIL MEMBER: Upon the resignation of a council member, the Village Council has a vacancy (I can find no authority for the proposition that the Council has to declare a vacancy for resignations).
Thereafter, the Ohio Revised Code states that the Village Council shall elect a new member for the unexpired term of the resigning member. If Council does not do this within 30 days, it becomes the appointment of the Mayor.
A. There is no requirement or restriction on who can be elected to fill the vacant seat as long as the person appointed would otherwise be qualified to run as a candidate. That requires only that the person be an elector and a resident for a period of one year.
B. There has been a past practice to advertise and interview potential candidates for a vacant seat, however, there is no legal requirement or mandate to do so.
C. The election would be by majority vote of the council members remaining as long as there is a quorum.
D. There is no requirement for a “nomination” process as such. That would be up to Council to determine on a case by case basis.
The only requirement that I can see is that before the vote, it must be clear who the proposed nominees are to all members of council entitled to vote and then a vote can be taken. It can be by voice vote, roll call or secret ballot at the decision of council as a whole.
2. EFFECTIVE DATE OF NEW COUNCIL MEMBER: Any person appointed and sworn enters into the office of member of council immediately.
