What happens now?

The last time a mayor resigned in Saratoga was on August 5, 1996 when Mayor Brad Cary read a brief statement and then exited the council chambers leaving both his council and town hall staff stunned.

A little more than 24 years later, Mayor John Zeiger announced his resignation as well. A distinct difference, however, is that Zeiger did not attend the August 18 meeting nor did he read a statement. The announcement, instead, was posted on social media and read at the meeting by Councilmember Bob Keel.

Despite the nearly quarter century between the two resignations, there are similarities and differences to be found. 

When Cary resigned, it followed criticism surrounding a directive preventing police officers taking cruisers home after their shift and a loss of $118,200 from the police department budget over a two year period. 

For Zeiger, the resignation comes following a June report detailing a $3.7 million deficit over 10 years that was unknown due to transfers from the water, sewer, and weed and pest funds. It also follows a qualified opinion issued by new auditors, Carver Florek and James, for the 2018/2019 Fiscal Year.

When Cary resigned, mayors were elected on a two year cycle and the seat would be filled by the late Kendall McBride in January 1997. Between August and January, Dan Hodgkiss stepped in as mayor. Following Zeiger’s resignation, there is no sure answer as to who will fill the position of mayor until January 2023. 

Though Keel is currently serving as mayor pro-tem, Wyoming State Statute 15-1-107(d) reads “A vacancy in the office of mayor shall be filled only from the governing body.” Additionally, there does not appear to be any mechanism to hold a special election to fill the seat, though some residents have expressed on social media they would prefer to see such an election.

Under Wyoming State Statute 22-23-801, a special election is defined as “a municipal election on any question which may legally be submitted to the voters of a municipality other than at a regular municipal primary or general election or an election on the question of whether to incorporate.” Further, a question or ballot proposal is defined under 22-1-102(a)(v) as “any question or measure submitted to a vote of the people of the state, a subdivision thereof, county, district, city or town, and includes a constitutional amendment, initiative, referendum, bond measure, or any other question or measure required to be approved by a vote of the people.”

The Saratoga Sun reached out to Carbon County Clerk Gwynn Bartlett to confirm that there was no mechanism in which to hold a special election for the now vacant seat. When asked, Bartlett replied “not to my knowledge.”

“The word ‘shall’ makes it pretty much mandatory for the governing body to appoint a person and that person ‘shall’ serve until someone is elected at the next general (election),” said Bartlett. “So, May 2022, the filing period will begin and someone will be elected November 2022. I don’t see any way around that.”

Bartlett added that she often makes the disclaimer that people should also seek legal advice for such matters. At the August 18 meeting, Town of Saratoga legal counsel Tom Thompson informed the council that a replacement shall be appointed from the council and the person shall serve until the end of the mayoral term.

Not only does there not appear to be any way to hold a special election to fill the vacant seat but, as of August 18, there does not appear to be a clear consensus among the council on how to proceed. Two of the members, Councilmember D’Ron Campbell and Councilmember Judy Welton, were appointed to fill vacant council seats. The other two members, Councilmember Jon Nelson and Keel, were elected in 2018 alongside Zeiger and have recently traded barbed comments from their respective seats.

Should the 2-2 vote to adjourn midway through the heated 20 minute discussion near the end of the meeting be any sign, there may not be much that the council can accomplish aside from the basic business of approving finances until January 2021.