Should the Great Bend City Council Ward 4 seat currently held by Brock McPherson be declared vacant due to his continued absences?

That question will be before the council as it meets Monday night. It will consider using for the first time an ordinance created to deal with these sorts of issues, one crafted because of McPherson’s lack of council participation.

Should a vacancy be declared, Mayor Cody Schmidt “with advise and consent of the council” will begin the process of finding a suitable elector for appointment at the next council meeting Monday, Aug. 21, the agenda for Monday night reads.

“The fourth ward has been at half representation for several months due to the failure of one of its council members to take the oath or attend any meetings since the last election,” the agenda notes, referring to McPherson. “Pursuant to Ordinance 4409, when a council member fails to take the oath or is absent at four consecutive regular meetings they are deemed to have resigned and the position is vacant.”  

The impetus behind the ordinance approved by the council in June was the repeated lack of attendance by McPherson, officials said. Each of the city’s four wards has two council representatives, leaving Ward 4 with only one who attends meetings regularly, Natalie Towns.

Council members serve two-year terms and Towns is up for reelection on Nov. 7. But, McPherson’s seat isn’t up for election until 2024. The terms are staggered so one from each ward comes up during each election.

“Mr. McPherson has not taken the oath and has been absent at four consecutive regular meetings since the ordinance was passed,” the agenda reads. “That seat should, therefore, be declared vacant and the mayor, with the advice and consent of the council, should appoint a suitable elector of the Fourth Ward to fill the position.”   

Prior to the ordinance, the city had no clear definition of what creates a vacancy or any procedure to address the situation where a person is elected to a position on the governing body but fails or refuses to accept the office, take the oath and/or attend meetings. This either left a portion of the citizenry not fully represented or left the city with only the cumbersome and expensive process governed by Kansas state statutes that require a recall election initiated by the residents of the ward in question.

The ordinance is broken down into four sections:

• Mayor – If a vacancy in the office of mayor occurs by reason of acceptance of an incompatible office, resignation, death, removal from office, removal from the city, failure or refusal to qualify or otherwise, the president of the council shall become mayor for the remainder of the unexpired term and a vacancy shall occur in the office of the council member becoming mayor.

•  Council members – If a vacancy in the council occurs by the same reasons, the mayor, by and with the advice and consent of the remaining council members, shall appoint a suitable elector from the ward in which the vacancy occurs to fill the vacancy for the remainder of the unexpired term.

• Vacancy created by failure to timely qualify after election – If any person elected as mayor or council member fails or refuses to take and subscribe the required oath or affirmation, or otherwise neglects or refuses to qualify, within 30 days after election, such person shall be deemed to have refused to accept such office and a vacancy shall exist and shall be filled in accordance with this section.

• Vacancy created by failure to attend – If any person elected as mayor or council member fails to attend three consecutive regular meetings of the City Council without an excuse accepted by the governing body, such person shall be deemed to have resigned, and a vacancy shall exist and be filled in accordance with this section.