Fountain council debates timeline to fill Deidra Duncans vacant seat; charter petition rules set the options

The Fountain City Council spent more than an hour discussing how and when to fill the vacant seat left by Council Member Deidra Duncan after her resignation. The council did not vote; members asked staff to prepare a resolution once council decides when to declare the vacancy.

City Attorney: "the city does not, by policy comment on pending litigation," and "she, of course, remains innocent until proven guilty," the city attorney said, explaining why the city had not previously commented on charges reported in a local news article. The attorney said Duncan had directed communications be routed through her attorney and that she stepped back from committee assignments before submitting her resignation.

Why it matters: Filling the seat will change the councils makeup and affect committee appointments and regional representation; the choice of timeline also raises concerns about perceived influence on the concurrent municipal election.

At a staff briefing, City Clerk Joni Carnille reviewed the charter process the council must follow once it declares a vacancy under section 2.5. Carnille said the rules require a 15-day window after the vacancy is declared for prospective candidates to gather 25 signatures and submit petitions; staff will verify signatures against county voter rolls and give petitioners 48 hours to correct deficiencies. Once verified, Carnille said, the council has another 15 days to appoint someone. She told the council the appointed person would serve the remainder of Duncans term, which ends in November 2027.

Carnille read several schedule options for the council to consider so members and the public could comment on which timeline to start: if the vacancy were declared Oct. 14, petition deadline would be Oct. 29; declared Oct. 28, petitions due Nov. 12; declared Nov. 4, petitions due Nov. 19; declared Nov. 18, petitions due Dec. 3; declared Dec. 9, petitions due Dec. 24; declared Jan. 13, petitions due Jan. 28. Carnille emphasized these petition dates are the submission deadlines only; verification and any curing of signatures add additional days before the council could appoint.

Council members expressed two main approaches. Some, including Council Members Hinton and Estes, favored declaring the vacancy earlier (options in late October or early November) so an appointee could be seated at the same time as newly elected members in December and begin committee work without falling behind. As Hinton said, joining later "is just a lot" and a late appointee "feels like you're already behind the power curve."

Others, including Council Members Herzberg and Rick, recommended waiting until after the election so the newly elected council could make the appointment. Council Member Herzberg said one reason to wait is to avoid any appearance the current council was trying to influence an ongoing election and to give the incoming council a chance to choose someone who fits its composition.

Members also raised governance and operational considerations: with six seated members during the vacancy, a tie vote is possible on certain items. One council member noted that an even-numbered council increases the chance of deadlocked votes that could delay projects or contracts.

Public speakers urged transparency and voter-centered options. Candidate Connie Weisenhunt urged prioritizing "voter choice whenever possible" and suggested the council explore public appointment processes or special elections "so citizens still have a voice." The clerk responded that a special election per the charter is only allowed if two or more seats are vacant simultaneously; because this is a single resignation that occurred after ballot language was finalized, a special election is not permitted.

Next steps: The council did not declare the vacancy at the Sept. 23 meeting. Council members asked staff to return a draft resolution that would declare the vacancy on whichever date the council ultimately selects. The clerk said she would prepare the calendared petition and appointment deadlines to match the councils preferred option and would be available to explain details to interested residents.

Ending: Council members invited public input by email and reminded residents the dates are available through the clerks office while the council finalizes its decision.