Commentary

Regarding the Process of Filling Gilbert's Current City Council Vacancy

by Helen D. Gunderson, Gazette editor
May 21, 2002

There is currently a vacant city council seat in Gilbert due to my resignation as a council member on April 23, 2002. Subsequently, the council passed a resolution at it's May 20 meeting, saying it will exercise its authority to fill the city council vacancy by appointment. The resolution includes the name of Jonathan Popp. He appears to be an excellent nominee, and I support him. 

It is intriguing that the resolution (written days ahead of the meeting) reads as it does, considering that the council had not discussed the vacancy at any previous public meeting, although it had plenty of advance notice to put the matter on the May 6 agenda.

The fact that there was not a single word said at the May 6 meeting about filling the vacancy led me to write a long letter to the mayor and council that included the following:  

Neither the mayor nor any council members have shown any evidence of reading the letter or learning from it.

Lack of Public Dialog

It is even more interesting that at the May 20 meeting, there was little discussion about the resolution except a statement by one council member to the effect that the city attorney "has done his work for us" (i.e. preparing the resolution). Had a visitor at the meeting not done research ahead of time, he or she would have gotten little sense of the significance of the resolution from the council's discussion.

Although there is a place for private chats away from the public arena to do a little politicking between meetings, such side conversations do not constitute true dialogue by the council. It would seem instead that the council members and mayor would have dealt with the business of filling a vacancy with the entire group gathered around the table at city hall. 

A discussion about the council vacancy could have begun with an explanation of the options available to fill the position followed by a motion regarding which option to choose (a special election or appointment). The next steps could have been to advertise the choice the council made, and in the case of an option to appoint, the public notice would have explained how interested persons could apply for the position and given them 14 days to submit their names. Instead, the scenario of no utterance about filling the vacancy at the May 6 meeting followed by no real discussion at the May 20 meeting — except the terse remark noted above — makes a person wonder. Was there ever a discussion about the options available, the rationale for the decision to appoint, and the criteria for selecting the designated nominee? And if there was such a discussion — when, where, who, how many officials at a time, and why so private?

The Spirit of Open Meeting Laws

I suspect the mayor and council are astute enough regarding Iowa's open meeting laws to avoid violating those rules in order to make an agreement outside of a public meeting. Indeed, it appears that nothing illegal has transpired. However, the process of coming to a decision outside of the public arena, having the resolution completely prepared prior to the meeting, then simply voting on it with no explanation nor significant discussion flies in the face of the essential spirit of Iowa's open meeting laws.

It is also disappointing to see such a closed style in a democracy where public discourse among those who represent us is extremely important. It's even more disappointing to see such a closed style in a small town where one might expect politics to be simpler and more fair than in a large city or in state, federal, or international politics.

Unfortunately, few if any Gilbert citizens attend city council meetings, and for the most part, they leave long before the council adjourns. I encourage people to attend the council meetings. However, regardless of whether the visitor's gallery is empty or full or someplace in between, there needs to be adherence to the spirit of the open meeting laws.

People who attend meetings need to be able to hear the nuances of thought that lead to a decision. They need to see how various representatives are posturing themselves. Are the leaders fair and thoughtful or their motives suspect? The council also needs to find ways to enlighten the citizenry about issues and give people appropriate avenues for input.

The mayor and council members are good and honorable people, and Gilbert is fortunate they are willing to serve in what are pretty much thankless jobs. However, it's hard to understand why such upstanding people don't do more to honor the spirit of open-ness in decisions such as the one about filling the vacant council position. If they could spend time at three recent meetings discussing detailed specifications for pouring concrete for driveway approaches, why could they not have devoted at least 10 minutes at a public meeting to thoughtful discussion about filling the vacancy.

But alas, these people are serving. They have come to a decision about who they want to fill the council vacancy, and it's a good choice. And does anyone give a rip? Does it make a difference to other citizens that the mayor and council didn't allow much, if any, light to shine on their decision-making process?

Speaking Up

Let's assume the best for Gilbert — that a significant number of its citizens care about open and fair government. The key is to let your officials know you are concerned about the ethics of their decision-making style. Write or call them. Attend council meetings and voice your concerns to the representatives when they are all sitting around the table at the same time. Start thinking about the next municipal election in November 2003. It's awfully awkward for people to complain about candidates on the ballot if other people cannot be persuaded to run for office.

Not many people in Gilbert are willing to run for city office. So if you want to vote for a candidate other than the current leadership (assuming they have the urge to run again) then you, yourself, could run for a council seat or the mayor's position. Either that or start grooming a friend, colleague, or family member to run. Most people say they are too busy or that they don't like politics. However, with some 18 months in which to prepare, they can start shifting responsibilities in order to run in 2003. And besides, who does like politics? In fairness to the current Gilbert leaders, I don't think any of them would claim to be in love with the political process.

It would be cool if there was a long list of people, each willing to serve one term in local government during his or her lifetime. One platoon could serve then another. Actually, there are many former mayors and council members living in Gilbert who have taken their tour of duty. If you have an inkling of someone who would be a good leader, start sowing the seeds of your ideas with other people.

Petition to Hold a Special Election

An election can still be held to fill the current council vacancy. Qualified electors (need not be registered voters) of the City of Gilbert may petition the council to hold a special election to fill the position. According to state law and based on the number of people who voted in the last council election, only 22 petitioners are needed in order to call for a special election. The petition must be filed within 14 days after the public announcement of the council's intent to fill the vacancy by appointment. 

It is interesting that the announcement regarding the council's intent to appoint Jonathan Popp was first published in the Tribune on May 21, the day after the council made its decision official. Therefore, the text for the legal ad would have been submitted before the council publicly discussed or voted on the action. It's also interesting that the council's only communication to its citizenry was via a small paragraph tucked away in the legal section.

Although some of us considered the option of a special election and were prepared to circulate a petition, we now believe it is wise to accept the council's nominee. However, if you feel that a petition to hold a special election would be an appropriate signal to protest the council's closed style of decision-making, then have at it. If you are concerned about what the appropriate steps are, you may wish to call Lori at the Story County Auditors Office (382-7217) or the elections specialist, Sandy Steinbach, at the Secretary of State's Office (515-281-5823). Also, we have an official form from the auditor's office that you could use.

Note: This column was last revised on May 25, 2002.