| Background: |
At the April 2, 2002 council meeting, the council
authorized the City Recorder to advertise and accept applications for the
pro tem Council Position #4.
City of Ashland Charter Article III, section 4 dictates what happens
when a vacancy occurs on the city council. Under that section, a vacancy
occurs when a councilor is absent from the city for 30 days, unless the council
consents to the absence. By statute, however, no vacancy actually occurs
in any elected office if the person is absent because of military duty. (ORS
408.240) Also according to statute, a councilor called to military duty is
required to be replaced by a pro tem appointment by the council. The pro
tem serves until the councilor on military duty returns. (ORS 408.250 to
.280)
Council vacancies in the past have been filled by permanent appointments
for councilors who have left their positions. In other words, the appointments
replaced councilors for the remainder of a term, or until the next regular
election. This case is somewhat unusual in that the replacement is restricted
to a pro tem appointment |
