Appointment to Henderson panel ‘valid’

Debra March was appointed to the Henderson City Council seven months ago, and as far as the city attorney's office is concerned she is welcome to stay.

Senior Assistant City Attorney Ann Wilkinson announced Tuesday that March's July 21 appointment to the council was done in accordance with state law and the city charter.

"It is the position of the city attorney's office that the appointment of Debra March is valid," Wilkinson said.

But that answer was not good enough for the Henderson man whose complaint prompted the city to review the way March was seated.

Kevinn Donovan was one of 14 candidates for the seat that eventually went to March. He still contends the city failed to seat March within the 30-day period required by the city charter. He wants her removed from office and a special election held to fill the Ward 2 seat left vacant when longtime Councilman Andy Hafen was elected mayor.

Donovan's next move is to hire an attorney and challenge the appointment in court. He said he is "considering it."

But according to Wilkinson, Donovan might have missed his chance. She said members of the public had 60 days from the date of the appointment to challenge the way it was done.

City Councilman Steve Kirk didn't question the opinion of the city attorney's office, but he said he was "discouraged" that it was delivered verbally instead of in writing. He called on the city's legal representatives to produce a written report to document their findings.

"This is an issue that has been going on for a long time. Let's put it to bed," Kirk said.

If Donovan can somehow force an election, he intends to run for the Ward 2 seat.

March's original July 8 appointment triggered an open meeting law complaint from the Review-Journal over the City Council's use of secret ballots to narrow the field of candidates.

In response to the newspaper's complaint, council members met again on July 21 to disclose the results of their balloting and reaffirm March's selection.

That's when the city charter was violated, Donovan said, because the "do-over" fell outside the 30-day requirement.

Following Wilkinson's report to the council Tuesday night, March said she wanted to publicly acknowledge Donovan for "the courage of his convictions."

On her way out of the council chambers after the meeting adjourned, March gave Donovan a hug.

Contact reporter Henry Brean at hbrean@reviewjournal.com or 702-383-0350.