Two commissioners seats to be filled in November election
The terms of Gary Fagel and Stan Chaskey end in November and neither filed for re-election. Tuesday was the last day for candidates to file nominating petitions for the November ballot for two city commission seats. Mel Perkins and Brad Porter filed petitions to be candidates for those seats. Fagel served on the city commission for the last four years.
Commissioners accepted Chaskey?s resignation at the previous city meeting. Chaskey, who has occupied a seat on the commission for the last six years, has moved out of the city limits and is no longer eligible to be on the commission. Upon Chaskey?s registration the question arose as to whether the commission should complete his term. In a letter to the city commission, Mike Vogler, city attorney, advised the commission according to the city charter, a vacancy in the city commission is filled for the remainder of the unexpired term, if any, at the next regular election that is held not less than 60 days from the occurrence of the vacancy. In this case the next general election is November 4, 2003. However, because there will not be any unexpired term remaining following that general election, an election to fill the vacancy is not necessary.
The charter also provides that the city commission shall appoint a person to fill a vacancy until the person elected to serve the remainder of the unexpired term takes office.
?It is my opinion,? Vogler stated in his letter, ?that this power of appointment is contingent on the existe
City manager Joe Hefele said, ?I recommend that you listen to Mike (Vogler), and serve until the November election with just four members.? Hefele also endorsed Vogler?s recommendation to amend the charter to read ?if a vacancy occurs more than 120 days before an election, the commission shall appoint a person to fill that vacancy until election.? The charter was last amended in 1998.