Go Forth With The Fourth!
Sunshine Labs calls on Asheville City Council to appoint the fourth-place finisher to the vacant Council seat.
Kim Roney’s election as Mayor on November 3rd will leave a vacancy on Asheville City Council when she takes office in December. Under the City Charter, that seat will be filled by appointment, and the decision belongs to Council.
Sunshine Labs calls on Council to appoint Jeffrey Burroughs, who finished fourth in the City Council race according to unofficial results. We think that’s the most democratic option available to Council and the closest Council can get to reflecting what voters actually said. It’s also what Council did in 2001 and 2005, the last two times a sitting Council member became Mayor with time left on their term.
Our position isn’t about any one candidate’s platform — we would make the same request no matter who finished fourth.
What the Charter says
Section 7 of the City Charter states:
“Any vacancy in the office of mayor or council shall be filled by the council for the remainder of the unexpired term from the qualified electors of the City of Asheville.”
The City has said this language does not allow for a special election. It also doesn’t set a process for how Council makes its choice, and Council isn’t required to appoint the fourth-place finisher. An application process would leave this choice to six Council members. The fourth-place finisher has already gone through a primary and a general election in front of Asheville voters. Because residents won’t get to vote on this seat, we’re asking Council to appoint the candidate voters placed next in the November 3rd election.
How Council has filled vacancies since 2000
We reviewed Council’s minutes since 2000 and found four appointments to vacant Council seats:
- 2001: When Charles Worley became Mayor, Council appointed Jim Ellis, who received the 4th highest votes in the general election, on a 5-1 vote.
- 2005: When Terry Bellamy became Mayor, Council appointed Bryan Freeborn, who received the 4th highest votes in the general election, on a 4-2 vote.
- 2008: When Holly Jones left for the County Commission, Council took applications and appointed Kelly Miller.
- 2020: When Vijay Kapoor resigned, Council took applications and appointed Antanette Mosley on a 4-2 vote.
The 2008 and 2020 vacancies came about under different circumstances. The 2008 seat opened up halfway between the 2007 and 2009 Council elections, and the 2020 seat opened up almost three years after the 2017 election, so neither appointment came right after an election. This vacancy comes just weeks after the November 3rd election, as the 2001 and 2005 vacancies did, and voters just made their preferences known.
Email Council before Tuesday
Council discussed this vacancy at its November 5th agenda briefing and plans to continue the discussion at its Policy, Finance and Infrastructure worksession on Tuesday, November 10th at 3pm. Public comment won’t be accepted at that meeting, so we encourage you to email Council before Tuesday.
The button below opens a pre-written email that you can edit and send. Drew Ball, who joins Council in December, is copied because the City Attorney has said the incoming Council will make this appointment.
Email Template:
Subject: Please appoint the fourth-place finisher to the vacant Council seat
Members of City Council,
I am writing as a supporter of Sunshine Labs’ Go Forth With The Fourth campaign to ask Council to appoint Jeffrey Burroughs to the seat Kim Roney will vacate when she becomes Mayor. Jeffrey Burroughs finished fourth in the November 3rd City Council election.
The City Charter leaves this appointment to Council, so residents will not get to vote on this seat. An application process would leave the choice to Council members alone, while Jeffrey Burroughs has already gone through a primary and a general election. Voters have just weighed in on who should serve on Council, and appointing the next-highest vote-getter is the most democratic option available to Council.
Council has taken this approach before. When Charles Worley became Mayor in 2001, Council appointed Jim Ellis, and when Terry Bellamy became Mayor in 2005, Council appointed Bryan Freeborn. The minutes from both meetings note that the appointee received the 4th highest votes in the general election.
I encourage Council to follow this precedent and appoint Jeffrey Burroughs to the vacant seat.
Thank you for your time and consideration.
[Your name]
[Your neighborhood]