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Background: Government body elected by public, Chairman of the Town Board. Government body elected by public, 4 Town Board Supervisors. Government body elected by Board, Town Clerk employee. 

Scenario: Town Clerk resigns same day as Town Chairman. Remaining 4 Town Supervisors conduct emergency Town Board Meeting. One supervisor acts as Chairman. New Town Clerk is elected by Board. Second emergency meeting. One supervisor acts as chairman. A motion for one supervisor to step up to Chair position for remainder of term is made and split vote 2/2. The new Town Clerk votes and breaks the tie. A new Chairman is established. Finally, the Board motions a new Supervisor to fill the now open seat and again a split vote. And again the Town Clerk votes and breaks the tie.            Is this correct and proper? 

Edited by GOT
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  • GOT changed the title to Multiple Gov Vacancies

You will need to refer to the bylaws and rules of the Town. Is the Clerk, an employee, is a voting member of the Town Board? What gives the Clerk authority to vote to break a tie (if a voting member, should vote with other members)?

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Guest Jack Simmerman

As is very often the case in postings on the forum, the matter is very possibly well beyond the town code.  State law may be involved with filling vacancies.  Also, state law in some cases is where the authority for the clerk to have the authority to break tie votes. 

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The Town does (or tries) to follow Roberts but I see that some of the answer may well lie with WI statutes. The clerk never votes except under the strange scenario above when there was a tie vote. They were lucky to even agree on a replacement clerk as the remaining board supervisors are split hard left and hard right on many issues. Such is small town politics. Thanks for your replies and comments. 

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Agreeing with Dr. Kapur and Guest Jack, much of the situation described in the original question is probably controlled by state law, the town charter, and local ordinances and council rules more than by RONR. 

Edited to add: much of what happened seems to me to be improper, but without knowing what those other rules are we cannot say. Interpreting those other laws and rules is beyond the scope of this forum.
 

Edited by Richard Brown
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On 5/7/2021 at 5:32 PM, GOT said:

Background: Government body elected by public, Chairman of the Town Board. Government body elected by public, 4 Town Board Supervisors. Government body elected by Board, Town Clerk employee. 

Scenario: Town Clerk resigns same day as Town Chairman. Remaining 4 Town Supervisors conduct emergency Town Board Meeting. One supervisor acts as Chairman. New Town Clerk is elected by Board. Second emergency meeting. One supervisor acts as chairman. A motion for one supervisor to step up to Chair position for remainder of term is made and split vote 2/2. The new Town Clerk votes and breaks the tie. A new Chairman is established. Finally, the Board motions a new Supervisor to fill the now open seat and again a split vote. And again the Town Clerk votes and breaks the tie.            Is this correct and proper? 

Strictly in terms of RONR, if the town clerk can vote in the case of a tie, the action does not violate RONR. 

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Thanks again gentlemen. We'll see what the Town's attorney says along with the WTA (WI Town Association). My first concern was if the Town should elect a new Chairman or a new Clerk first. 

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