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City attorney recommends filling Gilley seat by council majority

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Toby Gilley

The city attorney is recommending City Councilman Toby Gilley’s vacancy be filled by a council majority once he leaves the post to serve as a General Sessions Court judge.

Gilley, a Republican who defeated incumbent Democrat Larry Brandon last Thursday, advised the city attorney he will resign Sept. 1, as required by state law, to fill the post of General Sessions, Part III, according to a city statement.

The city’s charter on filling vacancies states that “any vacancy in the city council other than in the office of mayor, caused by death, resignation, ouster, or removal of a member, or due to other cause, occurring 270 days or more before the next regular municipal election must be filled by a majority vote of the remaining members of the City Council.”

City Attorney Susan McGannon is advising council members to make an interim appointment, though the city charter doesn’t specify the process. In the case of previous vacancies, the council has taken nominations, solicited applications and even left the seat vacant. Those appointed have included prior council members and prior candidates though none is a requisite, according to city information.

Because of the timing of Gilley’s election and pending resignation, McGannon advised council members that the person selected to fill his seat will serve until the next city election in 2016. The post would be up for election at that point, according to a city statement.

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Members Opinions:
August 13, 2014 at 8:00am
The City Attorney advised the Council not the City Mgr.
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