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El Mirage council adopts ordinance changing how appointed seats and vice mayor are filled
Summary
The El Mirage Common Council on March 4 adopted Ordinance 025-03-01 to clarify that a candidate who wins an election for a seat previously filled by appointment will be seated immediately after the canvass, and to require the newly seated council to select a vice mayor at the December meeting after the new council is sworn in.
El Mirage Common Council on March 4 adopted Ordinance 025-03-01, amending sections 32.003 and 32.041 of the El Mirage Code to clarify how seats filled by appointment are handled after an election and when the vice mayor is chosen.
Councilmember Eldridge, who presented the change, said the revisions responded to issues arising in the last election and that “being elected overrules being appointed.” Eldridge told colleagues the ordinance would ensure “the one with the highest votes shall be seated immediately” following the canvas so that an appointed incumbent does not remain in the seat after losing an election.
Councilmember Norton pushed for a technical change to the vice-mayor provision, saying the appointment should occur in December when the newly elected members are seated rather than in January. Norton said the current wording could leave the council without a vice mayor for a period in December if the outgoing vice mayor no longer holds office. The city attorney confirmed the change is targeted at vacancies filled by appointment.
Councilmember Gentry and Vice Mayor Parsons also supported the ordinance and the December timing. After brief clarifying exchanges about primary vs. general election scenarios and how the language would apply if a primary leads to a general election, Vice Mayor Parsons moved to adopt the ordinance with the stipulation that the vice mayor be chosen at the December meeting after the new council is seated; Councilmember Norton seconded the motion.
The motion passed on a voice vote and the council president announced approval of regular agenda item 6.1 as presented.
The ordinance text as presented amends the code to (1) specify that a candidate declared elected to a seat previously held by appointment shall be seated immediately following the canvas and (2) require the new council — after the newly elected members are sworn in at the first December meeting — to vote for vice mayor. The city attorney said the language targets the situation where an officeholder was originally placed in office by appointment under Arizona law.
Council members requested that the city attorney and staff verify precise wording to avoid ambiguity about primary elections that proceed to a general election and to ensure the ordinance reflects the council’s intent.
The council did not attach additional conditions to implementation; staff will incorporate the adopted text into the municipal code and apply it at the next relevant election and seating process.
