Lakewood Charter Change: Issue 68

 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 68 is a proposed amendment meant to clarify that an election must be take place to fill a vacant city council position should the position open up more than two years and 105 days before the next election.

The question on the ballot: 

Shall Article III, Section 2, Qualifications and Vacancies, of the Second Amended Charter of the City of Lakewood be amended to clarify that an election must be held to fill a vacant City Council position if the vacancy occurs more than two years and 105 days prior to the next election for that position?

The charter currently reads:

Each member of Council shall have been for at least one (1) year immediately prior to the date of taking office both a resident and qualified elector of the City. Each member of Council elected from a ward of the City shall be a resident of the ward from which such member was elected. All members of Council shall continue to be residents and qualified electors of the City and, if elected or appointed from a ward, shall be and continue to be a resident of that ward. Any member who ceases to possess such qualifications shall forthwith forfeit his or her office. Vacancies in Council shall be filled by the remaining members thereof, provided that in the event Council does not so appoint a successor within sixty (60) days of the occurrence of a vacancy, the Mayor may fill the vacancy. Such appointee shall hold office for the unexpired term of the member in whose office the vacancy occurs or until his or her successor is elected and qualified. A successor shall be elected at the next regular municipal election, provided that such vacancy occurs more than two years and one hundred five days (2 years and 105 days) prior to the date of such election.

The charter would read:

Each member of Council shall have been for at least one (1) year immediately prior to the date of taking office both a resident and qualified elector of the City. Each member of Council elected from a ward of the City shall be a resident of the ward from which such member was elected. All members of Council shall continue to be residents and qualified electors of the City and, if elected or appointed from a ward, shall be and continue to be a resident of that ward. Any member who ceases to possess such qualifications shall forthwith forfeit his or her office. Vacancies in Council shall be filled by the remaining members thereof, provided that in the event Council does not so appoint a successor within sixty (60) days of the occurrence of a vacancy, the Mayor may fill the vacancy. The term of any appointee filling such a vacancy shall expire at the end of the unexpired term of the former Councilmember 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 the former Councilmember, 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: 

The current version of the charter is confused by the phrase “such election” found in the final sentence. “Such election” could be interpreted to mean the next regular municipal election, which is a logical fallacy, as no municipal election may be held more than two years and 105 days from the date of the last municipal election. This merely fixes that error. The intent of the provision does not change.