City attorney outlines process for selecting new mayor

According to City Attorney Randy Adams, Idaho Code § 50-608 provides that, upon a mayor’s resignation, the City Council will fill the vacancy, either from among its own members or with any qualified elector of the city. 

The mayor must be a resident of Coeur d’Alene throughout the term of office. Council is required to act “in the best interest of the City.”  

Adams said the person selected shall serve the remainder of Mayor Jim Hammond’s term, which expires in January 2026. That person may run for a full term at the next election Nov. 4, 2025. 

The exact process to select a person to complete the current mayoral term is not set out in statute. 

"In this case, however, the city has determined that any councilmember may make a motion to select an individual as mayor," Adams wrote. "No second is necessary for this motion. All councilmembers may then vote on the nomination. If the person does not receive a majority vote, another nomination can be made. A tie vote constitutes a rejection of the nomination. This continues until a mayor is selected."

If the council appoints a mayor from among its members, that councilmember will have to resign their seat on the council to take the office of mayor. Idaho Code § 50-704 then provides the process for filling the empty council seat.  

The mayor who is then in office will nominate someone and council will vote to confirm or reject the appointment. The new councilmember will only serve until the next general election, which, again, will be Nov. 4, 2025. Whoever is elected in November 2025 then will fill the seat for the remainder of the term of the councilmember who resigned, Adams wrote.

 "We anticipate that the new mayor will be selected at the council meeting on Aug. 20. If the new mayor is a councilmember, Mayor Hammond, who will still be in office, will nominate someone to fill the vacant council seat," Adams wrote. "If, however, the seat is not filled on Aug. 20, the new mayor will nominate someone at the council meeting on Sept. 3."

Mayor Hammond’s resignation is effective on Aug. 31. If the new mayor is a councilmember, they will resign their council seat also effective Aug. 31. The new mayor and, if applicable, the new councilmember, will be sworn in at the Council meeting Sept. 3, Adams wrote.