posted July 18, 2008
City Attorney Randy Nelson said under the city charter that candidates for mayor must have lived in the city for a year prior to qualifying for the race - rather than a year prior to the date of the election.
However, attorney Nelson said, through a "clerical" oversight, ordinance changes made in 1995 do not reflect the wording about being a resident for a year at the qualifying deadline.
The ruling was sought after former City Parks and Recreation Director Rob Healy said he was eyeing a race for mayor, but first must clear up a qualification issue. Mr. Healy said he had lived in the city for a year prior to the next mayoral election, but not a year before the qualifying deadline.
Attorney Nelson and Assistant City Attorney Mike McMahan said in a six-page opinion, "It is our considered opinion that the provisions of Ordinance Numer 9432 remain in full force and that the candidates for mayor and City Council members must meet the residency requirements at the time they qualify for office.
"However, it must be admitted that a contrary legal argument could be made.
"Counsel for the Election Commission will have to determine if it is appropriate for it to rely upon this opinion or whether a declaratory judgment action is warranted."
Mr. Healy said in a May 6 letter to election office attorney Jerry Summers that he moved downtown in February "and now I am more enthusiastic than ever over the possibility of running for the office of mayor."
He said he wanted to make sure he met the qualification requirements, saying there appears to be some conflict in the requirements.
Mr. Healy moved into town on Feb. 28, which would be more than a year before the March 3 election.
But attorney Summers said under the Brown V. City case in 1990 there was reference to a requirement that the residency be based on the time of qualifying.
Brook Thompson, the state election coordinator, later wrote City Attorney Nelson asking him for an opinion on which date should apply.
Mr. Healy would be opposing incumbent Mayor Ron Littlefield under whose administration he was fired in 2006.
Mr. Healy is represented by attorney Jim Haley.
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