The Greene County Commission will leave Commissioner Lincoln Hough’s seat empty until the replacement nominated by the governor is approved by the State Senate.
A recent change in Missouri state law requires the governor to appoint a nominee to the Commission within 60 days of a vacancy and then for the State Senate to provide “advice and consent” on that nominee before they take their position.
The Commission was advised by counsel in a meeting held December 4th that 49.060 RSMo. would apply to the position and thus not require the Commission to appoint a replacement within 14 days as previously ordered under Missouri law. Subsection 3 is the portion that applies to the upcoming vacancy.
49.060. Vacancy, how certified or filled — inapplicability to constitutional charter counties. — 1. When a vacancy shall occur in the office of a county commissioner, the vacancy shall at once be certified by the clerk of the commission to the governor.
2. If at the time the vacancy occurs there is less than one year remaining in the unexpired term, the vacancy shall be filled as provided in section 105.030, except that the vacancy shall be filled within sixty days.
3. If at the time the vacancy occurs there is one year or more remaining in the unexpired term, it shall be the duty of the governor to fill such vacancy within sixty days by appointing, by and with the advice and consent of the senate subject to the provisions of Article IV, Section 51 of the Missouri Constitution, some eligible person to said office who shall discharge the duties thereof until the next general election, at which time a commissioner shall be chosen for the remainder of the term, who shall hold such office until a successor is duly elected and qualified, unless sooner removed.
4. This section shall not apply to any county which has adopted a charter for its own government under Article VI, Section 18 of the Missouri Constitution.
Commissioner Hough told the Independent that he will likely step down the first week of January, just before he begins his term as a State Senator.
While the vacancy is waiting to be filled, incoming Presiding Commissioner Bob Dixon would get 2 votes on any issue that needs a vote from the Commission.