Town council moves to change term expiration dates

The Saratoga Town Council voted to amend an ordinance, which will affect terms of several town officers.

The ordinance currently states the appointment of the town clerk, treasurer, chief of police, attorney and municipal judge shall be four years with terms ending in July. The town’s attorney Tom Thompson urged the town to amend the ordinance to end the terms in January because of past federal cases.

In July 7, 1992, the United States Court of Appeals Tenth Circuit ruled in the case of Farnsworth vs. Town of Pinedale, a town officer’s appointment could not proceed into the next mayor’s term of office.

“If the current ordinance were in place, it has those officers of the town serving until July of the incoming mayor’s first year in office,” Thompson said. “What the Farnsworth case says is that you are basically imposing upon that mayor of what the previous mayor’s appointments were.”

Thompson also mentioned Hahn Vs. Diamondville, a more recent court hearing related to the same issue.

“There have been instances even with the town of Saratoga where there have been appointments made and there haven’t been the consent of the governing body,” Thompson said.

After listing to Thompson, The Saratoga Town Council unanimously voted to amend the ordinance on first reading to line town officer’s appointments with the mayor’s.

The term of appointment for the town clerk, treasurer, chief of police, attorney and municipal judge will still be four years.

In other business:

• The town approved to accept two Federal Emergency management Agency (FEMA) grants to be used to restore the section of the North Platte River running through town. One grant is for $9,700. The other $8,800.

• Mike Haak, a consultant from Aeroland Planning, updated the Saratoga Town Council on the status of the airport’s master plan.

• The Saratoga Town Council passed an ordinance on first reading which will approve the assignment of the cable franchise and system to BCI Cable, Llc.