ROCK SPRINGS – After the sudden and tragic loss of Glenn Sugano and now the exit of Chad Banks as he takes the reigns of the Urban Renewal Agency, the Rock Springs City Council will have to fill two positions. Many citizens may wonder how this will be done.

The process is spelled out in article 1-403 of the ordinances governing the City Government.

It states that the governing body shall by resolution declare a vacancy when the proper time has passed in each individual situation.

Once a vacancy is declared, the governing body shall meet within 15 days after declaring an office vacant to appoint a successor.

Each member of the governing body may nominate an eligible person to fill the vacancy. The nominee who receives a majority of the votes shall be appointed to the vacancy. No vote shall be taken unless all members of the governing body are present.

Once nominations are received the remaining members of the governing body will vote by secret ballot until the two nominees receiving the greatest number of votes are selected. This is  unless one nominee receives a majority of the votes during the first ballot. If necessary, the council will vote by successive ballots until one of the nominees receives a majority of the votes.

If vacancies are determined to have occurred simultaneously the governing body shall establish by resolution the sequence in which the vacancies are filled.

The exact wording of the ordinance:

1-403 Vacancies: Manner of Filling Vacancies.

a. A vacancy in the office of the mayor or councilman exists whenever any of the following occurs during a mayor’s or councilman’s term of office: i)A failure to fulfill residency requirements as required by Rock Springs Municipal Ordinance 1-401.
ii)A conviction for a felony or any crime involving moral turpitude or constituting a breach of his oath of office.
iii)Any other occurrence specified in W.S. §22-18-101(a).
b. The governing body shall by resolution declare a mayor’s or councilman’s office vacant whenever sufficient grounds exist pursuant to (a) above.

If a vacancy is known to occur at a future date, the governing body may choose a successor prior to the date of the vacancy, although the successor shall not be appointed until a vacancy is declared by the governing body.

Filling Vacancies

Council vacancies shall be filled by appointment of the governing body after the office is declared vacant. The governing body shall meet within fifteen (15) days after declaring an office vacant to appoint a successor.

Each member of the governing body may nominate an eligible person to fill the vacancy. The nominee who receives a majority of the votes shall be appointed to the vacancy. No vote shall be taken unless all members of the governing body are present.

Once nominations are received, all the members of the governing body shall vote by secret ballot until the two nominees receiving the greatest number of votes are selected, unless one nominee receives a majority of the votes during the first ballot. The governing body shall vote by successive ballots, if necessary, until one of the nominees receives a majority of the votes.

If vacancies are determined to have occurred simultaneously the governing body shall establish by resolution the sequence in which the vacancies are filled.

Mayoral vacancies shall be filled from the council in the same manner as required for council vacancies. The president of the governing body shall occupy the office of the mayor until the vacancy is filled, pursuant to W.S. §15-3-204. (Ord. No. 93-11, 7-20-93).