BRADENTON BEACH – Commissioner Jan Vosburgh has decided not to run for another term.
But Election Day on Nov. 4 may not be Vosburgh’s last day, according to attorney Robert Lincoln, who represented the city at the Oct. 23 city commission meeting.
“This will be an early issue for your new city attorney,” Lincoln told the commissioners. “My understanding of the law is that she will remain in the seat for quorum and meetings until you go through the process of finding a replacement.”
Lincoln suggested that incoming City Attorney Erica Augello confirm his understanding of the law.
“Generally, under Florida law, you don’t leave office until somebody replaces you,” Lincoln said.
“If nobody stepped up right away, she would be in there until replaced?” Commissioner Ralph Cole asked.
“Right. I believe the standard is if nobody ran for your office, you hold on to it,” Lincoln said.
Lincoln said he had not done a deep dive into the issue, but he wanted to raise the issue to commissioners as it might affect the commission’s operations.
“We advertised for people who want to fill the vacant seat. If we didn’t have anyone from that ward step up, then it would be an at-large seat, limited for one year,” Mayor John Chappie said.
Vosburgh has been absent with excuse for the past several commission meetings.
The assistant Supervisor of Elections was unsure of the procedure without first studying Bradenton Beach’s city charter.
According to the charter; “Whenever there is a vacancy, the Commission shall propose by nomination one or more names of willing and qualified successors for the vacancy. The Commission will then vote among the nominees to fill the vacancy for the remainder of the term. If a majority of the Commissioners are unable to fill a vacancy or vacancies after two (2) meetings then the successor shall be chosen by lot by the City Clerk from the nominees proposed.
In the event that no appointee can be found residing in the ward of vacancy, the Commission may appoint an individual who would otherwise qualify for elective office pursuant to Article III. Elections, Section 2. Qualifications of candidates for elective office.”
