§ 2-1550. Same—Withdrawal of nominations.

(a)

After the commission has nominated and submitted to the city council the names of three persons for appointment to fill a municipal court vacancy in accordance with the court plan set out in this division, any name may be withdrawn for cause deemed by such commission to be of a substantial nature affecting the nominee's qualifications and showing he is not a fit and proper person to hold the office, and another name may be substituted therefor at any time before the city council acts by making an appointment to fill such vacancy. Nothing contained in this subsection shall be deemed to impose, or to recognize, any obligation whatsoever upon the commission to reconsider or withdraw any nomination, whether or not the city council shall have requested reconsideration thereof or shall have purported to reject such nominations. If any nominee dies or requests in writing that his name be withdrawn, the commission shall, as soon as practicable, nominate another person to replace him. Whenever there are existing at the same time two or more judicial vacancies in the municipal court, and the commission has nominated and submitted to the city council separate lists of three persons for each of such vacancies, the commission, in its sole discretion, may, if it desires to do so, before the city council acts by making an appointment, withdraw the lists of nominations, and change the names of any of such persons nominated from one list to another and resubmit them as so changed, and may substitute a new name for any of those previously nominated when a name has been withdrawn for cause.

(b)

The action of the commission in withdrawing a nomination and submitting a new nomination shall be taken only at a meeting and only by the execution of a certificate of withdrawal of nomination and a certificate of substituted nomination, both of which may be in the form of a communication to the city council, signed on behalf of the commission by the chairman and secretary of the commission. If any nomination being withdrawn has already been transmitted to the city council, the commission or its chairman shall forthwith notify the city council, by letter or telegram, of the commission's action, and cause the original of such certificate of withdrawal to be transmitted to the city council. Meetings of the commission to consider the withdrawal of nominations may be called by the chairman or a majority of the members of the commission. Action of the commission in withdrawing nominations may be taken at the same meeting at which the nominations were made, or at any later meeting, and such action may be proposed by any member of the commission.

(Code of Gen. Ords. 1967, § 22.105; Ord. No. 33502, 1-6-67)