Lakewood Charter Change: Issue 67

 approved a proposal in July that includes eight changes to the city's Second Amended Charter. 

Those  are now headed for the Nov. 8 ballot, where voters will decide whether they approve.

Issue 67 is a proposed amendment that would give Lakewood City Council the authority to deisgnate someone to serve as acting mayor should the need arise.

The question on the ballot: 

Shall Article II, Section 8, Acting Mayor, of the Second Amended Charter of the City of Lakewood be amended to grant City Council the authority to designate an elector to serve as Acting Mayor if the Mayor is temporarily absent, and to appoint an elector to serve as Interim Mayor if the Mayor’s office becomes vacant by death, resignation or removal?

The charter currently reads:

ARTICLE II. THE EXECUTIVE

Section 8. Acting Mayor.

(A) If the Mayor’s office becomes vacant, the following individuals shall succeed to the office in the following order: Director of Law, Director of Finance, Director of Public Works, President of Council, and an elector of the City chosen by Council.

(B) If a vacancy occurs more than two years and 105 days before the next regular election to be held for the office of Mayor, a successor shall hold office until the first day of January following the next regular municipal election, as provided for in this Charter. If the Mayor-elect dies, resigns, or removes his or her residence from the City, after election but before taking office, the vacancy shall be filled by appointment made by Council prior to the commencement of the term to be filled, and the person so appointed shall hold office until the commencement of the new term for the office of Mayor following the next regular municipal election. In either case, a Mayor shall be elected for the unexpired term at the first regular municipal election following such event.

(C) If that vacancy occurs two years and one hundred five days (2 years and 105 days) or less before the next regular election to be held for the office of Mayor, the successor shall hold office for the balance of the term of the Mayor who is succeeded. (D) If the Mayor is temporarily absent from the City, or becomes temporarily disabled for any cause, the duties of the Mayor shall be performed during such absence or disability by one of the officials named, and in the order provided, in this Section, under the title of Acting Mayor.

The charter would read:

ARTICLE II. THE EXECUTIVE

Section 8. Acting and Interim Mayor.

(A) Temporary Absence.

When the Mayor is absent and inaccessible, or is unable for any cause to perform the duties of the office of Mayor, the person designated by ordinance or resolution of Council shall be Acting Mayor until the Mayor resumes the office.

If the Mayor does not resume the office within sixty (60) days, Council may declare the office vacant and appoint an Interim Mayor as specified in Subsection (B) of this Section.

(B) Vacancy in the Office of Mayor.

In the case of the death, resignation or removal of the Mayor or the Mayor ceasing to reside within the City, Council shall appoint an Interim Mayor. Until the Council meets and appoints, by a majority vote of its members, a person qualified to be an elective officer of this City to serve as Interim Mayor, the Acting Mayor shall assume the duties of the office. The appointment of an Interim Mayor shall be made within (60) days of such vacancy.

The term of any Interim Mayor filling such a vacancy shall expire at the end of the unexpired term of the former Mayor if that vacancy occurs two (2) years and one hundred five (105) days or less before the next regular election to be held for the office of Mayor, or otherwise until his or her successor is elected and qualified at the next regular municipal election. Any vacancy that results from a recall election shall be filled in the manner provided by Article XXII of this Charter.

Comment from Lakewood Law Director Kevin Butler: 

This change follows Council’s debate on the issue of mayoral succession in 2010. The change proposed would create two levels of vacancy in office: one created by a temporary absence (filled by an acting mayor) and one created by a more permanent vacancy (filled by an interim mayor).

It would permit Council to set out, in legislation designed to be either temporary or permanent, a line of succession for when the mayor is more than 60 days absent — for instance, Council could use the current line of succession (law director, then finance director, public works director, Council president, and elector chosen by Council) — while permitting other criteria to be established (for instance, the requirement that the person within the line of succession be a Lakewood voter, or else be skipped over).

It would also permit Council to fill a more permanent vacancy, as when the officeholder leaves for other elective office or leaves the city, with an interim mayor. This change will give the remaining elected officials — City Council — flexibility in determining who will serve as mayor when the mayor is no longer in the picture.

The provisions on the mid-term election of an appointed mayor do not change.