Even when you think you have all the bases covered…
We had gone through and changed about 52 Ordinances in the past four years to attempt to bring them up to speed with current law changes and our Court rulings. Over all I think the city has done a good job of attempting to make things clear and then…
Mr. Murphy raises his head.
We have an up coming election coming up and only had two people fill out the required paperwork. So on the last day we had a petition filled out with the appropriate signatures to give us a full slate 3 people for 3 positions. Great!
But, the third position is the wife of a sitting council member. We quickly looked and thought everything to be okay. Staff knew about our City’s Nepotism policy and we thought everything was still okay. Although we had a couple of staff say they weren’t so sure that it pass all muster.
Here is the section from our Ordinance on Nepotism:
Unless Council determines, by a four-fifths vote of its elected members, which
vote shall be recorded as part of the official proceedings, that the best
interests of the City will be served by their employment or appointment, the
following relatives of any elected or appointed officer or City employee are
disqualified from holding any office or position of City employment during the
term for which the elected or appointed officer was elected or appointed, or
while such employee is in the employment of the City: spouse, child, parent,
grandchild, grandparent, brother, sister, half-brother, half-sister or the
spouse of any of them. All relationships shall include those arising from
adoption. This section shall in no way disqualify such relatives or their
spouses who are bona fide appointed officers or employees of the City at the
time of the election or the appointment of such official or who are presently
employed by the City at the time of the adoption of this section.
So we contact our legal team an low and behold we have a word that is problematic. OFFICE. The small section that says holding any office puts elected officials into the fray.
Of course it is not even that easy. Our Ordinance was written not prohibit relatives from doing anything as long as City Council approves it by 4/5 vote. well with a board of 7, and the spouse can’t vote, we would need 6 votes.
This issue like most has passion on both sides and we will work it out, but with people on both side of weather a husband wife can sit on a council at the same time I do not see us getting 6 out of 6 votes.
Also, the person can not remove their name from the ballot after 72 hours past the turn in deadline. She did write to us and say she didn’t want the controversy and ask to be removed.
There are passionate citizens who cane to our last meeting to voice their opinions on the issue, so I guess someone could also have a write in campaign. Can it work? History says yes.
Stay tuned, this one could get interesting…