Lincoln sets procedure for filling vacancies

LINCOLN — The city will have a new procedure for filling a vacancy on the City Council, but the policy will not be in effect in time to appoint someone to replace council member Gary Eoff.

Eoff submitted his resignation from his Ward 3 position at the Feb. 15 meeting, and the council accepted his resignation at the March 15 meeting. By state law, the council has to appoint someone to fill Eoff’s position at its next regular meeting.

The council voted 5-2 last week to adopt an ordinance that outlines procedures for appointing a new member to the council. The ordinance takes effect 91 days after its passage.

Council members Terry Bryson, Michelle Davis, Billy Rusher, Johnny Stowers and Amanda Thomas voted in favor of the ordinance. Council members David McBride and Doug Moore voted against it.

Stowers introduced a proposed ordinance to establish a procedure for filling a vacancy in February.

“There’s really no procedures in place for the appointment of someone,” Stowers said last week, noting that over the years, the city has used a “hodgepodge” of ways to appoint people to the council.

“I’m trying to put in place an actual procedure so there’s transparency,” Stowers said.

City Attorney Steve Zega told council members his opinion is that the ordinance is legal. However, he said the council would have to complete the procedure to fill the vacancy before the next council meeting after a position is vacated.

Anyone appointed to the council would have to be legally able to serve and a resident of the ward where the vacancy exists, Zega said.

The ordinance requires that all City Council members be notified about a vacancy on the council within two days and that a “notice of vacancy” shall be publicized in a manner as decided by the council. Applications to fill the vacancy will be accepted at the city clerk’s office up to 30 calendar days after the notice is given.

Applicants for the vacancy must meet the same criteria as someone running for election, except for a petition signed by registered voters. The remaining members of the council will then vote by simple majority to select from the applicants a person to fill the vacancy.

As it stands now, the mayor recommends someone to fill the vacancy, but this person has to be approved by the council.

Mayor Doug Hutchens said the ordinance takes away the potential for the mayor to stop someone from being on the council that he doesn’t believe should be on the council.

Zega told Hutchens that he has the ability to nominate someone for the council if he wants.

Stowers replied his main purpose for the ordinance is transparency and that the public knows about a vacancy and residents have a chance to apply for the position if they wish.

For Eoff’s position, Hutchens said he had heard from one person so far, Mary West, who has expressed interest in being appointed to the council to fill the Ward 3 vacancy.

In other action, the council approved an ordinance for the redistricting of council wards within the city. The redistricting, which Hutchens said is very minor, is due to the 2020 census.

According to a letter from Jeff Hawkins, director of the Northwest Arkansas Regional Planning Commission, the council has the duty to see that all wards have populations as equal as possible to best serve the interests of the people.

Hawkins said courts have generally ruled that deviations in population among election districts should be less than 10%. The ward boundaries determined by the 2010 census for Lincoln now have a deviation of 21.3%, which meant a redistricting was necessary, Hawkins said in the letter.

For the redistricting, the populations are as follows: Ward 1, 592; Ward 2, 579; Ward 3, 551; Ward 4, 572.

Under the redistricting plan the deviation is 7.1%, an acceptable level, Hawkins said.

In redistricting the city, Hawkins said his staff made as few changes as possible, while following 2020 census block lines as much as possible and keeping current council members in their respective wards.

In addition, the council approved the following:

• An ordinance to rezone 4.76 acres at the corner of West South and South West streets from residential-agriculture to single-family residential. Apogee Properties submitted the rezoning request.

• A change in the personnel policy that requires employees to use sick time or vacation days before taking leave without pay.

• An ordinance authorizing the mayor to enter into a contract with Core & Main for the purchase of 667 radioread water meters for $46,400.