The web site of "Residents for Council-Manager
Government", as of October 20, 2002 contains a number of statements
regarding various proposed charter amendments which we believe need
clarification. Our answers are in red.
1. Under the section titled "Questions", number six:
"Q. Who takes over if the Mayor is temporarily absent or if he
is unable to
complete his term?
A. That would be a good question that would probably involve the
involvement
of the Court system to rule on
the conflicting charter sections reference his needed replacement.
The last time the city was involved in a constitutionality question the
costs exceeded a quarter of a million-dollar and one
year to resolve. In the event of the mayor’s
death, resignation or removal, the individual appointed by
the mayor will serve as mayor until the remainder of the term can be
filled at the next regularly scheduled
election.
Maybe but what about the Vice-mayor and the language in the proposed
charter
that has him/her becoming
mayor?"
This is a false statement. The proposed
charter amendments contain no language that has the Vice-mayor becoming
Mayor under any circumstances. Since
the "conflicting charter sections" do not exist, it would not
be necessary for the courts to decide who would become Mayor and there
would be no cost to the city.
2. Under the section titled "Comparison", the column
"Proposed Amendment" states:
"Temporary Vacancy In Office- Mayor designates an official to
assume duties
temporarily and who is then
confirmed by Council. A vacancy could exist for 72 hours
leaving the city without having an administrator. This also serves to
conflict wording in section 3.09d reference
to the vice mayor assuming the duties of mayor. Given
the legal quandary the office of mayor could become vacant for an
extended period of time while this dispute
is resolved by the judicial system.
Permanent Vacancy In Office- Individuals designated as temporary
acting
mayor serves until an election can
be held. Also, against sections 3.09d. Again a state
of affairs could exist for sometime with the city having no
administrative leader".
These statements are false. Again, the
proposed charter amendments do not include any language that has the
Vice-mayor becoming Mayor. Again, without actual conflicting charter
sections, court involvement is unnecessary and the position would not be
vacant for an extended period of time.
The current Brunswick City Charter
section 3.09d does call for the Vice-mayor to serve as mayor in
the mayor’s absence, but the proposed charter amendments eliminate
this language. A vacancy in the office of the mayor is addressed in
proposed amendments section 3.09c; the Vice-mayor clearly does not
assume the mayor’s duties. The amended section 3.09d addresses the
issue of the mayor’s judicial powers.
