Mayor seat still vacant

Two weeks after the resignation of Mayor John Zeiger, the Saratoga Town Council is no closer to filling the now vacant position.

During the September 1 meeting of the governing body, Mayor Pro-Tem Bob Keel read a letter from legal counsel Tom Thompson regarding the vacant position. Discussion among the council appeared to show the town council agreeing to wait on filling the position until after the general election.

In his letter to the council, Thompson wrote that he had reached out to the Wyoming Secretary of State’s Office Election Division for guidance on the issue. Thompson added that he had reached out to the Municipal Election Division via email and had also left a voicemail, but had not received a response as of that afternoon.

“I also spoke to Carbon County Clerk Gwynn Bartlett as to whether she had ever run into this issue. Gwynn has not dealt with this issue and informed me that she had been contacted by the Saratoga Sun and explained to that reporter that she has the same understanding of the statute at issue as was discussed at the last town council meeting,” wrote Thompson. “I also looked for Wyoming Attorney General opinion letters or Wyoming case law but could not find any authority which was directly on point. There is case law which interprets the use of a word ‘shall’ when conducting statutory review or interpretation.”

In the letter, Thompson referred the council to Wyoming State Statute 15-1-107(c) and 15-1-107(d). The former states that, should a vacancy be determined to exist, the governing body appoint an eligible person to the position while the latter states that a vacancy in the office of mayor shall be filled from the governing body.

“Despite this clear statutory mandate to fill the vacancy in the office of mayor from members of the governing body, the legislature did not provide any guidance on a deadline for when this vacancy must be filled. Since the provision is mandatory, if challenged the town council would likely have to demonstrate good cause as to why the delay in filling the vacancy,” Thompson wrote. “As of the last town council meeting, the council could not get a second on a motion to appoint and there was a 2-2 split vote. I would suggest this matter be placed on the agenda and that there at least be a good faith effort at discussing the matter in attempting to meet the legislative mandate at filling the vacancy.”

It should be noted that there had not been a motion to appoint someone to the vacant mayor position. While Councilmember Judy Welton had stated she would like to make a motion, Councilmember Jon Nelson had interjected and had motioned to adjourn, which was quickly seconded by Councilmember D’Ron Campbell. It was the vote to adjourn that saw a 2-2- split vote.

Thompson also referred to comparisons made at the August 18 meeting between the filling of the mayoral vacancy and the filling of the seat of the late Councilmember Steve Wilcoxson. During the August 18 meeting, Keel had stated that the vacant council position had been filled quickly with Nelson and Campbell replying that it had taken two months to do so.

“I would remind the town council that the process to fill Councilman Wilcoxson’s seat involved asking for letters of interest, allowing a reasonable period of time for interested citizens to apply and interviewing those individuals,” wrote Thompson. “The mayor vacancy does not follow that process as the vacancy can only be filled from the governing body, which is the four of you.”

Keel stated that, following the last meeting of the governing body, he had talked with several Saratoga residents in regards to the mayoral vacancy. The mayor pro-tem stated that he stood by his convictions to fill the vacancy, but that he did not want to do so at the cost of further division among the governing body.

“I do think we owe it to the residents of Saratoga to continue down that road and discuss what things need to happen in order for a mayor to be appointed. I also feel like it would be a wise decision to get opinions of potential town council candidates that are going through the election process,” said Keel. “I just wanted the town of Saratoga, this council, to know what my position is on this. I have no interest in being mayor of a council that is divided. In no way do I want to push the issue if this council is not ready. If I don’t become mayor, that’s fine, I’m happy to serve as town council person. If I do, I’d be happy to serve the town of Saratoga residents as mayor.”

Welton supported Keel’s comments, saying she felt it was imperative to appoint someone to the mayor position.

“As indicated last council meeting, some of those votes were 2-2. That does no one any good. You can’t pass anything at that rate,” said Welton. “So, I think we need to move forward as quickly as we can.”

Nelson stated that he was still standing by his recommendation that the governing body wait until after the general election and receive input from the two council candidates. The council member stated that his intention was to have the council be “as functional as possible for the two years that we have ahead of us.” Welton replied by asking if wanting a functional council would serve as “good cause” for waiting to fill the vacancy.

“In my personal opinion, I don’t know who would challenge us but, if they did, I think Councilman Nelson, as well as myself, has very well stated that it could be more detrimental to the council to try and force a vote and make a decision hastily. If that’s what Councilman Nelson would recommend, I would fully support that,” Keel said. “I don’t want to create any more division on this council. I’m trying to bridge gaps and to come together. If that’s what it takes, that’s what it takes.”

No official action was taken on the mayoral vacancy.

The next meeting of the Saratoga Town Council is at 7 p.m. on September 15 at Saratoga Town Hall.