Update: Black Diamond City Councilwoman Carol Benson who is also the mayor pro tempore responded to a Nov. 26 email regarding her statement that there is a requirement a council member or elected official be appointed to the mayor’s position made vacant by the resignation of Dave Gordon.
Benson answered the email at 7:35 a.m. today, Nov. 27: “That is correct, we do not have to select from council.”
Story posted Nov. 26
A Dec. 1 special meeting called by the city of Black Diamond includes a discussion and the appointment of a mayor to replace Dave Gordon, who resigned Tuesday, Nov. 25.
Both Councilwoman Carol Benson, who is mayor pro tempore, and Councilwoman Janie Edelman, confirmed the plan is to select a mayor at the Monday special meeting.
Edelman responded by email and Benson by phone today, Wednesday morning.
Benson said it was her understanding from the city attorney the council was required to select an “elected official”, which means someone from the council.
Edelman responded by email Wednesday afternoon that she had “no comment” on Gordon’s resignation.
A followup email query was sent asking, “Is it your understanding that the council must select a mayor to replace Dave Gordon from among the members of the council, and the council will select a replacement Monday?”
Edelman’s reply was, “Yes.”
City Attorney Carol Morris attached the state laws in an email Wednesday morning regarding vacancies. She also wrote in the email, “I will contact Carol Benson to make sure that she understands my advice and that the Council acts correctly on Monday. “
King County Elections
A King County Elections official when contacted regarding the appointment process replied by email today, “For vacancies, state law requires that the governing body (in this instance, the Black Diamond City Council) appoint someone to the vacant position within 90 days. Next year, the office will be on the ballot and the elected person will take office after the certification of the general election in November. If the city council does not fill the vacancy in the allotted time, then the King County Council will make the appointment.”
According to the official a city may have a requirement or process in its code regarding the selection process.
Black Diamond has a mayor-council, sometimes referred to as strong mayor, form of government. Other cities like Maple Valley and Covington have council-manager forms where the mayor is a sitting council member selected by the city council.
State Law regarding vacancies from City Attorney Carol Morris
The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled as provided in chapter 42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a vacancy in the office of mayor.
• Time of vacancy
Whera a city council member in a in code city operating under the mayor-council plan of government indicates his or her intent to resign as of a specified date, no vacancy will come into existence until the effective date of such resignation; accordingly,
the city council may not appoint someone to succeed the resigning member under§ 35A.I2.050 until the effective date of the
aforesaid resignation. Op.Atty.Gen. 1978, No. 20.
Filling nonpartisan vacancies.
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
