Council Vacancy

Procedure to Fill City Council Vacancy

WILMINGTON – – The Wilmington City Council is now soliciting letters of interest from residents affiliated with the Democratic Party to consider filling the 1st District seat that has been vacated by the late former Councilwoman Linda M. Gray.

Pursuant to the City Charter, to qualify to fill the vacancy, an applicant must be twenty-five (25) years of age or older, a Democrat, and reside in the 1st District.

The Committee of the Whole of Wilmington City Council shall be charged with reviewing letters of interest from qualified residents seeking to fill the seat, interviewing qualified persons, and recommending a candidate to fill the Council vacancy in accordance with the procedure outlined in the City Charter section 2-34

Those residents interested in filling the vacancy have until January 6, 2023, to submit resumes, letters of intent, and a copy of their driver’s license or state issued identification to the following email address: CouncilVacancy@wilmingtonde.gov

Or by mail to:

Wilmington City Council

Louis L. Redding City/County Building

800 N. French Street, 9th Floor, Wilmington, DE 19801

Letters sent via mail must be postmarked by January 6, 2023.

 

 Council Vacancy Summary Process (Charter/Code) 

• Letter of Resignation (Councilwoman Gray died November 14, 2022, and her seat was vacated effective November 15, 2022, as acknowledged by President Congo)
• Per Charter Sec 2-101 – Council Vacancies
  o Council shall certify that a vacancy exists
  o Vacancy occurring more than thirty (30) days prior to the date of a primary election in which city officers are nominated shall be filled in the next succeeding general election held in the city. Councilmen elected in this manner to fill a vacancy shall take office on the first Tuesday following their election.
  o Vacancy less than thirty (30) days before the date of a primary election or pending the election of a councilman to fill a vacancy as herein provided, the city council, by a majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until a person is elected by the voters for the unexpired term.
  o Vacancy occurs in the office of a councilman-at-large, the new member may come from any place in the city.
  o Council in filling a vacancy must appoint a member of the same political party as that of the councilman whose office has become vacant.
• Per Charter Sec 2-101 – Qualifications of Councilmen
  o Citizen of the United States
  o Qualified elector of the city for at least one year prior to
  o Twenty-five (25) years of age
•  City Code 2-34 – Procedures to Fill Council Vacancy
  o Committee of the Whole – Chaired by President of Council
  ▪ Accept recommendations from members of council as outlined in next bullet.
  ▪ Accept resumes and letters of intent, during a specified time period, from persons who are qualified pursuant to the City Charter.
  ▪ Interview each qualified person.
  ▪ Recommend a person by majority vote of the members of the committee of the whole.
  ▪ Follow requirements for appointment of a person to fill a council vacancy, pursuant to the City Charter.
  ▪ Vacancy certified by resolution.
  ▪ Committee of the whole shall propose by resolution its recommendation of a person to fill the vacancy for vote by the full body of city council. The resolution must be approved by a majority vote of all the members of city council.
  ▪ If the resolution fails to be approved, the committee of the whole shall reconvene and propose by resolution another recommendation of a person who it previously interviewed to fill the vacancy for a vote by the full body of city council. The resolution must be approved by a majority vote of all members of city council. The committee of the whole shall repeat this procedure until the vacancy is filled.