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Voters will have a chance to choose Tony Dolce's replacement in November. But until Jan. 1, Dolce's replacement will be chosen by the city Republicans with consent of the City Council.
Jamestown's city charter spells out the process for filling a council vacancy. The remaining City Council members must vote by a majority to appoint a replacement within 60 days. The new appointee must belong to the exact same political party as the member who died, with the appointee serving until the next scheduled general election. The appointed replacement serves until the next scheduled general election that takes place at least 60 days after the vacancy occurred.
A special election for Dolce's position will be held in November, with Democrat Jason Sample and Republican Bryan Bigelow having filed petitions to run. Bigelow was appointed recently to fill Dolce's position for the rest of the year.
Legislation introduced recently in the state Assembly would change the way such situations are handled in the future. Assemblyman Pat Burke, D-Buffalo, has introduced legislation (A.11622) that would create the OPEN Appointments Act.
Burke's bill could be up for discussion when the next legislative session begins in January.
"When voters elect a representative, they expect that office to be accountable to the public. When a vacancy occurs before the end of the term, the public temporarily loses its ability to choose who represents them. In those circumstances, the process used to appoint a replacement should be as open and transparent as possible," Burke said in his legislative justification. "Under current law, many appointments to fill vacancies in elective offices are made with little public participation or visibility. In some cases, discussions occur behind closed doors, applicants are not publicly identified and voters are left with little understanding of who was considered or why a particular candidate was selected. While appointing authorities retain the ability to fill vacancies, the absence of a transparent process can undermine public confidence in government and create the perception that important decisions are being made without meaningful public oversight."
The OPEN Appointments Act would require notification of vacancies to anyone who would be eligible to vote in an election for the office, including information on applying for office. Applications would be required to be accepted for no less than two weeks after the initial notice is given. There would also be requirements for public interviews, public disclosure of the names and qualifications of all applicants and anyone else under consideration.
During a public meeting, there would be a requirement for discussion of the basis to select the candidate to fill the unexpired term, provide the candidates the ability to address the board and the public, and then a vote would be held at a future meeting that is also open to the public.
"This legislation does not alter who has the authority to make appointments, nor does it dictate who should be selected," Burke wrote. "Rather, it ensures that the public has the opportunity to observe and understand the process by which those decisions are made. By requiring notice, applications, public interviews, disclosure of qualifications, public discussion and open vote, this bill promotes accountability while preserving local decision-making authority.
The public’s business should be conducted in public. When elected offices have to be filled by appointment rather than by election, New Yorkers deserve a process that is transparent and accessible."