1310 APPOINTMENT OR ELECTION OF THE COMMISSIONER BY THE ADVISORY NEIGHBORHOOD COMMISSION

1310.1 If there is only one person qualified to fill the vacancy within the affected Single-Member District, the vacancy shall be deemed filled by that person, and the Board shall certify that the vacancy has been filled in a publication in the D.C. Register.

1310.2 If the Board transmits a list of qualified candidates containing more than one name, the affected area Advisory Neighborhood Commission shall give notice at a public meeting that at the next regularly scheduled or special meeting there shall be an open vote of the members of the affected Single-Member District to elect the new commissioner.

1310.3 The Board shall provide the affected Advisory Neighborhood Commission with a listing of the registered voters in the Advisory Neighborhood Commission in advance of the open vote.

1310.4 In the event that no qualified candidate submits petitions for election, the Board shall certify the vacancy again by posting it in the D.C. Register.

1310.5 After a vacancy has been filled pursuant to D.C. Official Code § 1-309.06(d)(6) (2006 Repl. & 2012 Supp.), the affected area Advisory Neighborhood Commission shall transmit to the Board a resolution signed by two (2) officers of the Advisory Neighborhood Commission that states the winner of the Advisory Neighborhood Commissioner SMD election and requests that the Board declare the vacancy filled. (See Appendix 13-2 and Appendix 13-3).

1310.6 The Commission shall also transmit a copy of the resolution to the Council of the District of Columbia, the Mayor, and the person appointed or elected by the Commission.

1310.7 The Board shall certify the filling of the vacancy by publication in the D.C. Register.

SOURCE: Final Rulemaking published at 43 DCR 1078, 1102 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013).