ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, September 17, 1993                   TAG: 9309170048
SECTION: VIRGINIA                    PAGE: B-1   EDITION: METRO 
SOURCE: JOEL TURNER STAFF WRITER
DATELINE:                                 LENGTH: Medium


COUNCIL SEAT SEEKERS BURN UP THE PHONE LINES

Roanoke Mayor David Bowers' phone began ringing early Thursday, the day after Vice Mayor Beverly Fitzpatrick Jr. announced he will resign.

The calls came from people either expressing interest on behalf of others or interested themselves in filling the vacancy on an interim basis until May's election.

"What began as a short list is quickly becoming a long list," Bowers said.

There is no shortage of candidates, he said, but he would not identify them.

The potential successors include some former council candidates and civic leaders, sources said.

Bowers wants Fitzpatrick's successor to be chosen as quickly as possible to help bring stability to council, which has two members battling serious health problems.

But he said council can't fill the vacancy until Oct. 15, when Fitzpatrick's resignation takes effect.

In the next month, Bowers hopes council can reach a consensus on a successor so it can vote soon after Fitzpatrick's departure.

City Attorney Wilburn Dibling is preparing a report on the legal issues associated with filling the vacancy to make sure the proper procedures are followed.

The illnesses of councilmen Howard Musser and James Harvey could complicate the selection, Bowers said.

It is uncertain whether the two members will be able to attend council's meetings in the coming weeks.

In filling the vacancy on an interim basis, council is expected to decide first whether to select a person who is interested in running for the post or someone who is willing to serve only until the special election.

By choosing someone who isn't interested in running, council avoids complaints that it gives an unfair advantage to someone who is likely to become a candidate.

In the past, council has used both approaches.

When then-Mayor Roy Webber died in 1975, Nicholas Taubman, a businessman, was appointed to fill his unexpired term. Taubman ran for council later and won.

But when William Hubard resigned his council seat in 1979, council selected Frank Clement, a retired life-insurance executive, to fill his unexpired term. Clement did not run for council after he finished Hubard's unexpired term.

Bowers said there is apparently no procedure for electing a vice mayor after the vacancy has been filled. Fitzpatrick's successor will be just a council member, not vice mayor.

A new vice mayor will be selected in the May council election. The top vote-getter becomes vice mayor for a two-year term.

If council has to function without a vice mayor until May, it will have to spread some ceremonial duties among other members, Bowers said.

Bowers said the uncertainty is not hampering the city's operations.

Council is facing a difficult time, but the city is operating normally, and tough issues are being addressed, he said.

"We are not running and hiding. We are not putting them aside. We have put them out on the table for consideration," Bowers said.



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