Discuss Detroit » Archives - July 2008 » What is the Procedure for Filling Vacant Council Seats? « Previous Next »
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Lmichigan
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Username: Lmichigan

Post Number: 6245
Registered: 10-2003
Posted on Friday, September 19, 2008 - 5:18 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

With Cockrel being elevated to mayor, what does the city charter say concerning empty council seats if anything at all? I'm trying exactly to remember what procedures the council took after the deaths of Kay Everrett and the other deceased, but can't remember exactly. I figure that in these cases the council has the option of leaving them vacant until the next election, or calling for a special election, right? What's the number needed for a quorum?

(Message edited by lmichigan on September 19, 2008)
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Fishtoes2000
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Username: Fishtoes2000

Post Number: 681
Registered: 06-2005
Posted on Friday, September 19, 2008 - 8:09 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

According to law department comments at a recent city council meeting, Mayor Cockrel's seat on council is not considered vacant. If he loses the special mayoral election, he returns to being Council President. If he wins, then it would become vacant.
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Detroitpetanque
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Username: Detroitpetanque

Post Number: 173
Registered: 09-2006
Posted on Friday, September 19, 2008 - 9:56 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)


Detroit City Clown-cil
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Lmichigan
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Username: Lmichigan

Post Number: 6251
Registered: 10-2003
Posted on Friday, September 19, 2008 - 9:32 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Thanks, Fishtoes2000.

But, does that mean that he theoretically could still attend council meetings as a councilman and vote as such? In other words, he's both a mayor and a councilmen, right now? I remember someone calling for him to resign his council seat a few days, about, but I thought that it was nothing more than a ceremonial move.

What an odd loophole in the charter. I know that in my city, when a council seat is vacated they have the option of picking a new member from the community to serve out the term or holding a special election. We also had a mayor that resigned with the council president moving up, and I believe that within a week or two the council had chosen a replacement.
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Fishtoes2000
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Username: Fishtoes2000

Post Number: 682
Registered: 06-2005
Posted on Friday, September 19, 2008 - 9:56 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

quote:

does that mean that he theoretically could still attend council meetings as a councilman and vote as such? In other words, he's both a mayor and a councilmen, right now?


The attorneys said he wasn't a council member so long as he was the stand in mayor, but his council seat is kept open for his potential return. I believe his seat would become vacant if he won the special election.
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Lmichigan
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Username: Lmichigan

Post Number: 6253
Registered: 10-2003
Posted on Friday, September 19, 2008 - 10:15 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

I guess this isn't all that odd. I believe Joe Lieberman did the same thing when he ran with Gore, I just wasn't aware it worked like this at the municipal level, that often. Thanks, Fish.
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Topflight
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Username: Topflight

Post Number: 49
Registered: 04-2008
Posted on Sunday, September 21, 2008 - 3:06 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Is it legal to hold to elected positions at the same time?
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Izzyindetroit
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Username: Izzyindetroit

Post Number: 89
Registered: 07-2008
Posted on Sunday, September 21, 2008 - 3:13 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Ok so, what if Ken does win the special election, returning back to Lmichigan's question, would there have to be another special election or would the seat remain vacant?
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Fishtoes2000
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Username: Fishtoes2000

Post Number: 688
Registered: 06-2005
Posted on Sunday, September 21, 2008 - 7:11 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

quote:

Ok so, what if Ken does win the special election, returning back to Lmichigan's question, would there have to be another special election or would the seat remain vacant?


I believe the vacant seat would be filled at the August/November elections. There wouldn't be a special election.
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Lmichigan
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Username: Lmichigan

Post Number: 6266
Registered: 10-2003
Posted on Sunday, September 21, 2008 - 11:48 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Though, I believe they have the option to hold one if they wanted to (and they wouldn't).

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