Council votes to leave vacant seat open until next election after attorney opinion

The Sebastian City Council voted unanimously to leave the council seat vacated by Council Member Dixon open until the next general election, after hearing a legal opinion that the charter language is ambiguous but supports leaving the seat vacant as a low-risk option.

City Attorney reviewed Charter section 2.08 and the applicable Florida law and told the council the charter is ambiguous about whether a vacancy should be filled by appointment for the remainder of the term or left for the next election. She said the council had four viable paths: appoint a replacement until the next general election, appoint for the remainder of the term, call a special election, or leave the seat vacant until the next election. The attorney advised that leaving the seat vacant “is recommended as minimal risk.”

The council also received a legal concurrence from Andrew Mai, outside complex counsel, who said, “I concur in her opinion,” and noted he saw no legal reason to recommend a special election. Several members of the public urged the council to let voters decide. Resident Grace Reed said, “I strongly support leaving this position vacant until the next election.” Vicky Drumheller told council she shared Reed’s view and that a short interim appointment would not give an appointee time to be effective before election season.

Resident Damien Gilliams, who told the clerk he had submitted a written request to be considered for appointment, said in public comment, “I respectfully assert that I am the appropriate individual to fill that current vacancy,” citing his candidacy and vote totals from the last municipal election. The council took public comment, acknowledged receipt of written materials on the item, and then closed public input before deliberation.

After discussion about legal risk, public trust and the timeline for candidate qualification with the supervisor of elections, a council member moved to adopt the attorney’s fourth option—leave the seat vacant and put the position on the next election ballot. The motion passed on roll call with all present members voting yes. The council directed the city clerk to coordinate with the supervisor of elections to place a one-year term (the remainder of the vacated seat’s term) on the upcoming election and to have the Charter Review Committee consider clarifying the charter language for future elections.

The council also noted the practical timeline: the clerk must comply with qualifying deadlines in mid-August, and that any change to the charter would likely require review by a charter committee and placement on a future ballot rather than the imminent election.