MINUTES
SPECIAL MEETING
February 11, 2013
Emmitsburg Town Office
Present: Mayor Donald Briggs; Commissioners Clifford Sweeney, Christopher
Staiger, Patrick Joy, and Tim O’Donnell, Vice
President.
Staff
present were Donna DesPres, Town Clerk and John
Clapp, Town Attorney
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I.
Call to Order
Tim
O’Donnell, as President Pro Tem of the Board of
Commissioners, called the February 11, 2013 Town
Meeting to order at 7:30 p.m. Pledge of Allegiance
was recited.
II Agenda Item
The purpose of this special meeting is to discuss
and/or elect a succeeding Commissioner due to the
resignation of Commissioner Glenn Blanchard.
Town attorney John Clapp was present and explained
the procedure of replacement according to the Town
Charter.
Commissioner Staiger presented that the precedent
has been to elect the most recent, “runner-up” who
participated in a Board of Commissioners election.
Although mandated otherwise, Commissioner Joy
expressed the desire to not elect a commissioner at
this time since it is such a short time until the
next election as the Charter presents no set time
limit on the election of the fill-in Commissioner.
Other concerns and comments:
-
to consider variables such as those involved and
active and to consider diversity and new blood;
-
If the precedent is not followed, then better to
wait and let the citizens decide at an election
rather than to be left open for public debate;
-
Citizens didn’t have enough time to express
interest and voice recommendations;
-
Concern of mandate, although the Charter is
silent on the time limit;
-
Better to follow previous procedure rather than
opening up objections to an alternate method of
appointment;
-
Obligation to do what is in the best interest of
the town;
-
If no one is appointed, then that leaves more
chance open to tied decisions;
-
Tied votes could happen in other cases also
(i.e., absence, recusal);
-
Any appointment could give that person an
advantage in the next election.
Public Comments included:
-
Not fair to eliminate someone who has not run
previously allowing more diversity that more of
the town is represented;
-
Some prior candidates were notified, some were
not, make someone earn the position;
-
The Board was elected to make decisions and
therefore should be entrusted to elect a
deserving candidate;
-
The presentation of a committee member’s
qualifications to consider for election.
In response to the Board’s inquiry, the town
attorney explained that not electing a succeeding
commissioner could open the Board to a citizen suit
wherein a “writ of mandatus” would force the Board
to make the election. Although the 7-month time
period would probably not be effective.
MOTION:
At this time, do not fill the commissioner position,
being so close to the normal election.
Motion by Commissioner Joy, second by
Commissioner Staiger
Public Comments included:
-
put out the names for public feedback;
-
a decision tonight would be arbitrary since no
process as to “when”;
-
there is a charter responsibility to elect
someone
Mayor Briggs commented that it is important to have
a majority, a 5th person is needed.
VOTE:
2-2, motion failed
MOTION:
To have individuals interested in the office to
self-identify by February 18 and for the Board to
select on March 4.
No second, motion failed
MOTION:
To elect Jen Mellor to fill vacant commissioner
seat.
No second, motion failed
At this point, Commissioner Joy agreed with
Commissioner Staiger that it would be better to
follow previous procedure as opposed to opening up
debate or incurring legal opposition. Commissioner
Sweeney expressed his concern with a Board
consisting of all but one member being from the same
neighborhood to which Commissioner Staiger agreed.
MOTION:
To support appointing Jim Hoover to fill the
remaining commissioner vacancy.
Motion by Commissioner Staiger, second by
Commissioner Joy
VOTE: 4-0
in favor
The oath of office will be administered at the
February 18 meeting and reorganization of the
President position will take place at the March 4
meeting.
Commissioners Joy and O’Donnell iterated that the
Charter needs to be revised to provide more
guidance.
Commissioner O’Donnell expressed his kudos to former
Commissioner Blanchard for his service.
The February 11, 2013 special meeting of the Board
of Commissioners adjourned at 8:47.
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