Local elections are important. Don Rogers’ recent commentary “Mayors can’t vote, except for when they do” reiterates our responsibility to investigate and understand what is actually going on within our local government, especially in regards to the real power our elected officials gain.
There is a very good chance that a seat will be left vacant on the City Council following the November election. Consequently, the people of this community will have little to no say on who fills it. In a very undemocratic way, the newly elected officials will simply choose who sits next to them, and there is nothing we can do about it.
If you don’t believe me, Utah has codified into law how to handle municipal office vacancies. Reference Utah Code 20A-1-510.
Let me summarize. If a vacancy occurs, the municipal legislative body has a determined amount of time to appoint a replacement with varying levels of transparency. Simply speaking, whoever they deem qualified to serve on the council will require a majority vote of the legislative body, and poof, that person is a council member.
There is no direct input from the people other than a chance to submit names to fill the vacancy. Frankly speaking, random nominations rarely result in genuine consideration.
Though you may not know me, consider this hypothetical. Let’s say I have enough allies on the City Council to win the majority favor. That’s it — that’s all I need. I would be your next City Council member — all without a single vote from the people. Whether you support me or not, that process should concern you.
Why is there no special election? Why does the seat not go to the runner-up? I get it — money, time, resources. But I would prefer the seat to go vacant for two years rather than be filled by the person who leverages the most influence with the council.
If there are any career politicians that can clarify this process or call me out for misinterpreting the law, please do so. I am not a politician — I am just a voter trying to understand the system. I hope I am wrong in my conclusions, because after peeking behind the curtain, I feel a little dirty.
To be clear, I am not accusing anyone of wrongdoing. In fact, Park City has no choice but to abide by this procedure because of state law. However, the entire process seems a bit incestuous.
I am also not endorsing one candidate over another. Even if I was, I am not important enough for it to matter. However, when you cast your ballot in the coming weeks, keep in mind that this is the legal process for filling a city council vacancy. Not only will it be done this way, but it already was done this way more recently than you may recall.
Brian George
Park City