Calls to “take the free option” fall on deaf ears, Ward Two left unrepresented
For the second meeting in a row, the new City Council rejected calls to appoint former at-large councilman Mike Weland to fill the vacancy left by the resignation of former councilman Matt Jergens. This time resolving to hold an election, in spite of the pleadings of Jergens himself, former Mayor Sandy McGrath, and others at the meeting to appoint Weland, at least in the short term.
Weland initially chose not to run for re-election as at-large councilman due to a cancer scare in his family. But when the cancer crisis was resolved positively with a cancer-free diagnosis Weland launched a last minute write-in campaign for his incumbent seat, because it was too late to put his name on the ballot. All the same, Weland received quite a few votes, despite losing to current at-will councilman Tony Axtell, who was the only candidate on the ballot for the position.
Then, at the City Council’s last meeting, when the council discussed what to do about the vacancy left by Jergens’ resignation, Weland rose and offered to serve – as did PJ Lawson. Both men live in Ward Two. Councilwoman Kelly Limerick then made a motion to appoint Weland, who as a recent councilman was already up to speed on all of the council’s business, “for the sake of continuity”. But ultimately the council chose to set a public hearing on whether to appoint either candidate, or hold an election, at Monday’s city council meeting.
In that public forum, Weland again rose to offer his services, and several others rose to encourage his appointment. Mr. Lawson did not attend the public forum, which would seem to have revoked his candidacy. No one spoke on Mr. Lawson’s behalf, either.
“I’ve lived in Ward Two since I was 10, on and off, basically,” Weland told the council in the public forum. “As I said before, I am willing and able to take this seat.” Weland also noted that the council has a responsibility to fill the seat, and indicated that he would be willing to both serve on the council by appointment, on a temporary basis, and stand for election if that was what the voters of Ward Two wanted.
Under Iowa law, a city council has the power to appoint to fill a vacancy, or may choose to hold an election, and the voters of the ward with the vacancy can trigger an election by means of a petition. In a city of under 10,000 residents like Eagle Grove, the petition must have a number of signatures which equals at least 15 percent of the number of votes cast for the office in question in the last regular election (or 200 or more signatures, whichever is least). To be nominated as a candidate, those seeking election must have at least 25 signatures on their nominating petition, with all being residents of the ward having the vacancy.
According to the Iowa League of Cities, “the appointment to fill a vacancy must be made within 60 days of the date the vacancy occurred.” But an election process will certainly take more than 60 days.
Weland argued that, “I do believe the council has a responsibility to fill the seat.” Reached for comment after the meeting, Weland said that he was referring to the city’s charter. A review of the city charter, which is part of the city’s municipal code, shows that under chapter 2.04 of the code, entitled “Number and term of council” the charter states that “the Council consists of two Council Members elected at large and one Council Member from each of four wards as established by this Code of Ordinances, elected for overlapping terms of four years.”
“I do believe that the ward does need representation,” Jergens told the council from the podium, regarding his former seat. “There are a lot of projects coming up in that ward. Mike’s obviously been on the ground of a lot of those projects.”
Former Mayor Sandy McGrath also rose to address the council. “I think the right thing to do is to fill it, not wait for a process that will likely come out the same way,” McGrath advised.
Prominent local attorney Phillip Johnson, a resident of Ward Two, rose next. “We have someone who just came off the council and received a lot of votes despite not being on the ballot,” Johnson said, noting that he had spoken with several of his neighbors in the ward, and they all agreed. “Take the free option,” Johnson urged, noting that if the ward residents wanted to have an election, they could trigger one. But if not, the city could avoid the expense of an election.
Councilman Al Pamperin then moved to appoint Weland, but no second was forthcoming. Councilwoman Kelly Limerick, who had moved to appoint Weland at the previous meeting, was absent Monday.
Councilman Dennis Vandewater stated he wished to make a comment, but after a brief discussion about the rules it was determined that under Roberts Rules of Order, which the Council has adopted, unless seconded the motion was dead and not open for discussion. Vandewater then reluctantly seconded the motion, noting that he did so only to open it for comment. That done, Vandewater stated “it’s interesting that I got so much communication from Ward Three, for Ward Two.” Vandewater then mentioned that the city council had recently had a lot of public criticism over a perceived lack of transparency, and so he preferred to have an election. “Yeah, it might cost us $1,500 to $2,000. At least the public would have input.” Councilman Axtel then stated that he’d spoken to the Auditor, and “a special election would cost about $500, and only Ward Two could participate.”
Factually, Iowa law holds that Ward Two voters could still trigger an election, even if the council had made an appointment. The law also calls for the filling of city council vacancies within 60 days, which may not be possible by means of an election, due to notification and filing requirements.
After the meeting adjourned, The Eagle asked councilman Vandewater why he objected to the alleged support for Weland from Ward 3 residents which he’d referenced, even though in the previous meeting he had advocated for the city to abandon the ward structure altogether in favor of an all at-large council. “The feedback I got from people in Ward Two was that they wanted to pick their councilman,” Vandewater replied.
Former mayor McGrath and former Ward Two councilman Jergens both spoke to the Eagle following adjournment as well.
“An election’s going to take at least 60 days,” said McGrath. “In the meantime there’s someone who is fully qualified and can step in without even a hiccup. If someone else wants it, then have the election. Let that ward decide, including if they want an election.”
“I don’t like the idea that they’re going to go two months without anyone in the seat,” Jergens said. Jergens also expressed agreement with McGrath about holding off on an election until it is clear someone else besides Weland wants the job, given Lawson’s absence at the hearing set to hear him and Weland, and any supporters of either out before making any decision. “If someone wants it, then have the election,” Jergens said.
Regardless of Mr. Weland’s appearance at the hearing and Mr. Lawson’s failure to appear, and the unanimity of support for Weland among citizens addressing the council in the hearing (including those with direct recent knowledge of the council’s business) the council nevertheless voted to hold a special election. The date of which will be announced in public notices to be published in this newspaper.
