Karen S. Kim
BURBANK -- With Councilman Bob Kramer seeking a seat for city
treasurer before his City Council term is up, Burbank's election could
play a role in filling a fourth council seat.
According to Burbank's charter, if a council seat is vacated before
the end of its term, the remaining City Council members have 30 days to
appoint a new member. Should the council fail to appoint a new member
within 30 days, the city's mayor has the sole responsibility of
appointing the fifth council member.
The person chosen does not have to be the next-highest finisher, or
even a candidate, but because of the unusual situation an array of
opinions have been expressed about the right way to fill the spot.
"I don't know if we've ever had a situation where a sitting councilman
has been elected to another seat and the council had to fill the
vacancy," City Manager Bud Ovrom said. "It's never happened in the 16
years I've been here."
Mayor Bill Wiggins has decided not to run for reelection. Council
members Stacey Murphy and Dave Golonski are campaigning to keep their
seats.
The new council will take its place May 1. If Kramer wins the seat for
city treasurer, the three elected council members and Councilman David
Laurell will need to choose the fifth council member by May 31.
If the council fails to agree on the appointment, Burbank's new mayor,
who will be chosen by the City Council on May 1, is required to make the
choice.
"There's been a lot of talk about whether the fourth person [to
receive the most votes] will get the last seat, but there's nothing that
requires that," Ovrom said. "There could be a moral argument that you
have to elect the fourth runner-up, but there's the counter argument that
the people just rejected that person. If they wanted that person, they
would have elected him."
The City Council should consider the other candidates' qualifications
when appointing the last seat -- not just the number of votes he
receives, candidate Gary Olson said.
"There's no doubt about it, [this situation] makes the election more
interesting," he said. "I don't think the City Council should be
handicapped or handcuffed in any situation, and I wouldn't even want to
suggest that they'd have to pick the fourth vote-getter."
But City Council candidate Howard Rothenbach said the fourth runner-up
should get the final seat, unless the city can call a special election.
"The people of Burbank should be the ones to decide who the fifth
council member is," Rothenbach said. "But if the only option is the
council appointing someone, I would say the council should pick the
fourth runner-up."
