Filling Councilor Briggs seat on the City Council
An appointment is required
Following the sad loss of Councilor Briggs her seat on the City Council must now be filled. We have an election to fill 4 seats in November. Seven candidates have filed to run for the seats and the ballot has been finalized.
The City Attorney has determined that the council must make an appointment to fill Councilor Briggs seat. Below is her memo to the council from their Tuesday, September 26th special meeting to address this. I have included a PDF of the agenda packet which has the information on how to apply for this appointment.
I spoke with Police Chief Bashor last Tuesday when I attended the council meeting during which they had a remembrance of Councilor Briggs. He has worked for Lafayette for 40 years. He verified my thoughts that we have never had a sitting city councilor pass away during that time.
You can watch that meeting online
Executive Summary
CITY COUNCIL AGENDA MEMO
September 26, 2023
Resolution No. 2023-50 / Declaring a Vacancy on the City Council
Mary Lynn Macsalka, City Attorney
Lynnette Beck, City Clerk
This resolution declares a vacancy on the City Council for Councilor Briggs’ seat, which has a term expiring at the first regular Council meeting following certification of the November 2025 regular City election. The date the Council passes this resolution will determine the date the vacancy “occurs” for purposes of filling the vacancy in Section 5.7 of the Lafayette Charter. The resolution also directs the Clerk to post notice of the vacancy and a request for applications on the City’s website within three working days, in accordance with Section 5- 5(b) of the Lafayette Code of Ordinances.
City Council Strategic Priority (most applicable): Bold, Authentic Leadership
Background Information
Section 5-5 of the Lafayette Code of Ordinances (“Code”) provides that when vacancies on City Council occur, the Council will declare the vacancy “by resolution” at its next regular or special council meeting after the vacancy occurs. (Code § 5-5(a); Charter § 5.2.) The date Council approves a resolution declaring a vacancy establishes the date the vacancy “occurs” for purposes of the timelines for filling the vacancy in Charter Section 5.7 and Code Section 5-5.
Due to the unexpected passing of Councilor Tonya Briggs, her seat will be vacated before the expiration of her term in December 2025.
While the Charter contemplates that vacancies occurring within 180 days of the next regular City election will be filled at that election, it is legally impossible to fill Councilor Briggs’ vacancy at the regular City election on November 7, 2023, because the ballot certification deadline for this year’s coordinated election already passed on September 8, 2023, and the City’s ballot content is already set.
Because it is legally impossible to fill Councilor Briggs’ seat at the “next regular City election” on November 7, 2023, the phrase “next regular city election” in Charter Section 5.7 must be interpreted to mean the next regular city election for which there is sufficient time under state law to include the vacant seat on the City’s ballot, i.e., the November 2025 regular election. In accordance with principles of statutory interpretation in Colorado, this interpretation is necessary to avoid an absurd and legally impossible result.
Therefore, upon Council declaring Councilor Briggs’ seat vacant by resolution, the vacancy will be deemed to have occurred more than 180 days before the “next regular city election” at which her seat could be filled in conformance with the Charter and the Colorado Uniform Election Code (Articles 1 through 13 of Title 1, C.R.S.). As such, under Charter Section 5.7(a), Council “shall” fill the vacant seat by appointment “within forty-five (45) days” after the date of the vacancy resolution. If Council does not fill the seat within 45 days after the resolution, then the vacancy “shall be filled for the ... unexpired term[] at a special election.” (Charter § 5.7(b).)
A copy of Code Section 5-5, which sets out the general process for filling Council vacancies by appointment, is attached to this memo for Council’s information (Attachment B). Also attached for Council’s information is a copy of the most recent City Council Appointment Application from 2019 (Attachment C).
Next Steps
If City Council approves this resolution, the City Clerk will proceed to post the notice of the vacancy and the request for applications on the City’s website within three working days, per Code Section 5-5(b). Thereafter, the City Clerk and City Council will continue to follow the process in Code Section 5-5 to fill the vacant seat by appointment, including reviewing applications, determining which applicants to interview, interviewing applicants, receiving public input regarding interviewees, and, finally, making the appointment by a majority vote of the remaining members of the City Council.
Proposed Motion Language
City Council motion to approve Resolution No. 2023-50 declaring a vacancy on the City Council.
