North Liberty City Council discusses options for filling mayor’s seat

NORTH LIBERTY — The North Liberty City Council must decide how to fill the city's upcoming mayoral vacancy.

Earlier this month, Mayor Amy Nielsen was elected to represent state House District 77, which covers North Liberty, Tiffin, Oxford, Swisher, Shueyville and Lone Tree. She must now leave her role as mayor with a year left on the term.

During Tuesday's meeting, city attorney Scott Peterson said there wasn't a decision to be made yet — whether council intended to appoint a new mayor or if the city should hold a special election to fill the spot. The council has 40 days to make a decision after Nielsen resigns and if it doesn't, the Johnson County auditor would be forced to hold a special election.

'So, if you don't make a decision, it's a decision because the auditor is going to go to a special election,' Peterson said.

The decision can be made by a simple majority vote by the five-member council.

'If you appoint someone to serve as mayor, it will be until November 2017 unless there is a special election called by the city in the meantime,' said Peterson.

Peterson recommended the council not make a decision until after it receives a resignation date. Nielsen said she has not yet determined that date, although she must do it before taking her new office on Jan 9.

A special election could be forced with signatures of 15 percent of the voters in the last regular city election in 2013, which would only be 26 eligible voters. Both Peterson and Nielsen said they've heard of at least one person who is collecting signatures to force a special election. However, Peterson said those signatures would not be considered valid because they were collected before the city had an official vacancy.

City staff estimates a special election would cost $3,500 if they only chose to open one polling place. The cost would increase with additional sites.

Peterson recommends council members be ready to act during their meeting on Dec. 13. Council member Annie Pollock said she would like to see discussion and action all at that meeting.

If a council member is appointed or elected as the next mayor, that member would have to give up their council seat. If that were to happen, the remaining council members would have to decide how to fill that vacancy.

Mayor pro tem Terry Donahue is to assume the responsibilities of the mayor once Nielson resigns and until a new mayor is appointed or elected.

Nielsen was elected as mayor in November 2014 to fill a partial term left open by the death of Mayor Tom Salm. She defeated Gerry Kuhl, who was the interim mayor appointed in June after Salm's death.

Nielsen defeated Tiffin Mayor Royce Phillips to win the Iowa House District 77 seat on Nov. 8. She is replacing retiring Democratic Rep. Sally Stutsman, of Riverside.

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