What next? City must fill council vacancy within 30 days of councilman's resignation

City Councilman Bill McGuire is resigning to move out of state. The city must replace him within 30 days of his Aug. 15 resignation date.


City Councilman Steve Nobile, center, listens as Councilman Bill McGuire, at left, speaks during a City Council workshop. (File photo)
City Councilman Steve Nobile, center, listens as Councilman Bill McGuire, at left, speaks during a City Council workshop. (File photo)
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It’s awkward timing: Palm Coast District 1 City Councilman Bill McGuire is resigning effective Aug. 15, and the city’s Charter says the city must replace him within 30 days. Meanwhile, there’s a primary election for the same City Council seat Aug. 30 — and it could decide who will sit in that seat if one of the candidates gets more than 50% of the vote.

That leaves the City Council in a tricky position. The city could select someone for the seat, including one of the current candidates.

But, “It would be awkward for the City Council to appoint somebody prior to the Aug. 30 primary,  and then find that our choice did not match up with that of the public,” Palm Coast Mayor Jon Netts said at a City Council workshop July 26.

Netts saw three options. Option one would be to advertise the vacancy, review applications, interview the candidates, and then vote to select one to serve until November. But, he said, “It’s difficult to complete that within 30 days.”

Option 2: The city could select one of the four people running for the seat — Arthur McGovern, Sims Jones, Robert Cuff, or Troy DuBose. But that could draw accusations that the city was unfairly boosting that candidate’s chances in the election.

Option 3: The city could appoint someone who held the District 1 seat before. Former councilmen Holsey Moorman and Alan Peterson have both volunteered.

City Councilman Steve Nobile proposed a fourth option: The city could ignore its charter and not appoint anyone to fill the seat, since the vacancy period would only be about two months. City Attorney Bill Reischmann said violating the charter could invite legal trouble. 

By the end of the July 26 workshop, council members were leaning toward a hybrid process — starting the process to seek applications, but planning not to make a decision until after the Aug. 30 primary.  They’ll  discuss their options again at an upcoming Aug. 2 City Council meeting.

 

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