The council’s vacancies leave it without enough members to provide the quorum of three normally required for a vote. But state law allows for the remaining two council members to elect one of themselves as a new president (and, therefore, mayor), and to appoint new members, said Sandy Jacquot, general counsel for the League of Kansas Municipalities. It’s a rare exception to the quorum rule, she said.
In fact, she said, other cities around the state have found themselves without enough council members for a quorum from time to time, usually as the result of a mass resignation.
“It’s a very common question to the League,” Jacquot said.
She said the council would need to appoint a mayor and at least two members before it conducts any other business, though, as almost any other vote requires a quorum of members present.
That, Martley said, is why the council will appoint two members later this month, so that the council can conduct other business at its March meeting. The council will wait until April to appoint members to the other two seats, he said, to give candidates as much time as possible to complete their applications.
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