Council must fill 'Fox hole' in Ward 5

The Cape Girardeau City Council will have to fill a vacancy on the board, which was created by the election Tuesday of Ward 5 Councilman Bob Fox as mayor.

Ultimately, a special election will be held to fill the remainder of the four-year term, city attorney Eric Cunningham said Wednesday.

Under the city's charter, the council has 60 days to appoint someone to fill the vacancy. The clock, however, won't start ticking until Fox is sworn in as mayor on Friday, Cunningham said.

Fox and new council members Daniel Presson and Stacy Kinder, and re-elected Councilwoman Shelly Moore will be sworn in at 4 p.m. Friday at city hall.

Presson will succeed Joe Uzoaru as Ward 1 councilman. Moore will return to her Ward 2 post and Kinder will replace Danny Essner as Ward 6 council member.

The person to be appointed must have been a resident of that ward for at least 90 days immediately before the vacancy, according to the charter.

Cunningham said the council can do "whatever they want" in deciding how to fill the vacancy. They can stipulate the appointed person will not run for the seat in the special election or they can allow the individual to run for the seat if he or she chooses, Cunningham said.

Both policies have been used by the council at different times to fill vacancies, he said.

The council will look to set a special election soon, Cunningham said. That election likely will be held either in August or November when state and federal primary and general elections are scheduled, he said.

mbliss@semissourian.com

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