Commerce City Council to decide vacancy by secret written ballot

Tonight, after the Commerce City council decides on what questions to ask the 21 applicants that applied for empty at-large council seat, they will then proceed with the interviews. This exercise is estimated to take about 10 minutes per applicant. Then in accordance with the home rule charter, the Commerce City council will decided the winner by secret written ballot and by a majority vote of the members of the city council in office at the time the vote is taken.

Rule from the Commerce City Charter
Sec. 4.5. - Vacancy.

(a) An elected officer shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever an elective officer fails or refuses to qualify, dies, resigns, is removed from office, moves from the city, is incapacitated to an extent which prohibits him from properly performing his duties as an elective officer, absents himself continuously from the city for more than three (3) months without a leave of absence given by a majority vote of the entire council in office at the time the vote is taken, is sentenced by a court of law for any act constituting misconduct in office or constituting a felony, is judicially declared mentally ill, or in the case of an officer elected as a ward councilman, moves from the ward from which he was elected. The existence of a vacancy shall be established by competent evidence thereof and placed on record in the council minutes. The council shall determine the validity of the evidence and decide when a vacancy exists.

(b) In not less than ten (10) days or more than thirty (30) days after a vacancy in an elected office occurs, the remaining council members shall appoint an eligible person, as defined in section 4.4, to fill such vacancy to serve to the next organization meeting of the city council held on the second Monday after the regular municipal election. Such appointment shall be decided by secret written ballot and by a majority vote of the members of the city council in office at the time the vote is taken. If there will be remaining unexpired time in the term of office for which the appointment was made, after the organization meeting held the second Monday after the next regular municipal election, then such vacancy for the remaining unexpired time shall be filled at the regular municipal election preceding the said organization meeting of the city council.

(Ord. No. 1016, § 4(5), 2-16-93, passed 4-6-93)