Who Makes the Decision?

by Michael J. Badagliacco, "MJB"

The Voters trusted Councilor Ed Ulibarri, Adam Woodden and me in April to join the Council with Councilors Reed and Frank.  We now have a decision and an opportunity to, as a unified Council appoint a new Councilor with the resignation of Councilor Frank.  Unfortunately, there is an effort by some in the community to circumvent the process the Charter outlines.

Letting your voice be heard at a council meeting, in a letter, or contacting a councilor tests ideas and can change minds. Circumventing the process the Charter outlines is a different act. It treats the city's governing document as optional when someone disagrees.

How the Charter reads

Vacancies on the Montrose City Council are handled under Article I, Section 11. “An office becomes vacant if a councilor is recalled, dies, becomes incapacitated, resigns, ceases to be a resident of the city or of the district from which he or she was elected, or is convicted of a felony”.

“For a single vacancy, the remaining councilors shall choose, by majority vote and within 30 days, a duly qualified person to fill it. That person serves until a successor is elected at the next special or general municipal election and takes office”. Special elections are required if three or more vacancies exist at the same time, and only if no general election will be held within 90 days.

Article I, Section 7 sets the qualifications. The person must be an elector, must not have a felony conviction, and must have lived in the city for 12 consecutive months immediately before the appointment. A district appointee must also have lived in that district for those 12 months. Article I, Section 6 provides that the at-large councilor may live anywhere in the city. The Charter does not require applications or interviews. Council may use that process or appoint a qualified person without them.

How Council Is Filling These Seats

Former Councilor Dave Frank’s District IV seat has been vacant since September 7, 2026. Section 11 requires that the seat be filled by October 7. Councilor J. David Reed has proposed an option that gives the Council a clear path forward and that the full Council can support. The approach creates a legal and ethical path and provides additional time to broaden the search for a candidate the entire Council can agree on. Clear action from the Common Ground statement made by Councilor Reed and myself.

Councilor Adam Woodden meets the residency requirement and the other Charter qualifications for District IV. He has agreed to resign his at-large seat effective at the close of business on October 5. Once that resignation takes effect, the Council intends to appoint him to the District IV seat.

That fills District IV and opens the at-large seat to any qualified elector in the city, including those who originally submitted applications for the District IV seat. The at-large vacancy starts when the resignation takes effect. This gives the Council 30 days to fill the seat. Anyone who meets the qualifications is welcome to apply. Council will interview the top three candidates at the November 2 work session and appoint the new councilor at the regular meeting on November 3, inside that 30-day period.

Appointment Is Not an Election

Both steps are appointments. The choice rests with the Council. The goal of this Council remains that the Council obtains a unanimous decision, not just a majority vote.  Councilor Reed made a point of that in his statement at the October 2 Special Meeting.

Recasting either appointment as something other than a Council decision, converting it to a community vote, a straw poll, or a parallel selection does not improve the Charter, it attempts to circumvent what the Charter authorizes. A lawful appointment is not less legitimate because it was not put on a ballot. Treating it that way is unfair to the people who are under consideration.

Voters Still Decide the Next Term

None of this removes the public from the office. The individuals appointed each serve only until a successor is elected at the next special or general municipal election and takes office. The seat then returns to the voters. Appointment and election are different tools. The Charter does not invite residents to swap one for the other after a vacancy has opened.

Disagreement with how council uses its appointment authority can be stated plainly and in public. Pressing the city to ignore Article I, Section 11, or to treat these vacancies in any other manner, even if “informal”, is not disagreement it is an attempt to undermine the Charter derived authority of the Council to do its job.

Thank you for your participation and support in our efforts to make Montrose its very best!