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Sunday, April 19, 2009
What Happens If Shanie Shields Is Not Sworn-In Tomorrow?
Would she be able to vote in the Council’s organizational election? Here’s what the Salisbury City Charter says in regard to her current term:
§ SC2-1. Number; selection; term.
All legislative powers of the city shall be vested in a Council of five (5) members who shall be elected as hereinafter provided and who shall hold office for a term of four (4) years or until their successors are duly elected and qualified. The regular term of Councilmen shall expire on the second Monday after the election of their successors. Councilmen holding office on January 1, 1952, shall continue to hold office for the term for which they have been elected. Their successors shall be elected for such terms as provided in § SC6-15 of this Charter. [1959 Code, sec. 286. 1951, ch. 534, sec. 6]
"(4) years or until their successors are duly elected and qualified."
ReplyDeleteI guess she's in until she or Cynthia is qualified.
Oh, wait, in Shanie's case that would never happen!
The city charter makes no provision for challenged elections. Shanie should no longer hold her seat after tomorrow until the results of the recount are completed.
ReplyDeleteI would think that Shanie would hold her seat until the election and re-count are resolved. District 1 would not be represented if she were to leave before being sworn in. The charter uses the phrase "regular term." In this case, her "regular term" is ended, but she is still on the Council until replaced (or, if she has won, then sworn in for her new term).
ReplyDeletewording should be changed to COUNCIL PERSON.
ReplyDeleteIn most cases, they remain in office until the successor takes office. This is true even with members of boards and commissions.
ReplyDeleteI've seen cases where board members remained in place for years after their term expired, simply because the governor failed to timely appoint a successor.
Look out Tim she look like she be HONGRY!!
ReplyDeleteWhat's Wilber say about this and how much is he charging the City to say that?
ReplyDeleteShouldn't he be dressed in a Princess Leia costume with a chain around his neck.
ReplyDeleteShoot Tim would just be a movie snack : )
ReplyDeleteLets hope Cynthia wins out after the recount! Oterwise its back to the same old 3-2 votes?
ReplyDeleteI think the elections laws of the city are very reflective of the presnt admiistration. They are wanting in many areas, and it just shows for one last time that the current folks do not care, did not care, and wrote the laws to take care of themselves, and the rest did not matter What in the world was Mr. Wilber doing all this time?
ReplyDeleteThis incident, once again is plain shameful, and the candidates, one vote apart, should require an automatic recount by the board of elections.
I hear Cynthia Polk has to pay a bond? How come the State does not take over the jurisdiction when the city law is silent? Again, we are all confouded by what BT and her "team" did to this city, and will continue to do as long as the lying louise, comegys and shields are on the board, two more years folks, and we can really be all that we can be.
Whatever the outcome of the Shields/Polk contest, I think we need to REJOICE!!!!! that BPT has retired and a smart person is taking over her office today!
ReplyDeleteNow she can relax and work on her liver-deterioration campaign full-time. AND, when she speaks it will just be for herself and not for the city, so slurred speech won't be embarassing to the citizens anymore.