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Burk's Leesburg council seat up for grabs
Leesburg Councilwoman Kelly Burk's Nov. 6 victory at the polls has resulted in questions about how her interim replacement on the town council will be selected. Her term expires in June 2008.Burk, a Democrat, won the Leesburg District seat on the Loudoun County Board of Supervisors, defeating incumbent Republican Jim Clem by about 650 votes.
She will take office Jan. 1, 2008.
E-mails from council members and staffers with questions about how to pick Burk's replacement and recommendations of who should take the seat began circulating the day after Election Day.
Former Councilman Bob Zoldos and Frank Holtz are two who have been named as possible candidates.
Holtz announced Oct. 22 his intention to run for town councilman in the upcoming May elections.
The town's codes for conduct on filling an open seat on the council do not address a situation where a council member moves to a higher echelon of government, said Mayor Kristen Umstattd in an e-mail to council members and staff.
“The 2002 Town Code Resolution, favoring the 4th highest vote-getter as the appointee, was drafted to address a situation where a council member was elected to mayor,” resulting in a vacant seat, said Umstattd. “The language ... didn't directly address a council member like Kelly vacating her seat due to a non-councilmanic election.”
The last Leesburg Town Council election took place in May 2006. Elections occur every two years, during which three council member seats and the mayor's seat are up for grabs. Six members plus the mayor sit on the council.
During the 2006 election, Kevin Wright, Ken Reid and Fernando “Marty” Martinez were elected. The fourth highest vote-getter was Tom Marshall, who was elected last week to the county's School Board.
Since Burk was elected in 2004, council members asked if the seat would go to the fourth highest vote-getter in 2004 -- incumbent Mervin Jackson, who served as vice mayor in 2003.
Burk's interim replacement will serve until her term expires at the end of May. If the interim member wants to continue serving on the council, he or she would need to run for election in May against other possible candidates.
Umstattd said she would ask the council to move forward with advertising for the open seat, hoping to get the word out to interested applicants sooner rather than later.
The council is expected to discuss how to proceed during its Nov. 13 and 14 meetings.
Burk said she intends on resigning her seat in late December. There are six council work sessions and meetings scheduled from Nov. 13 to the end of December.
The town has 90 days after Burk resigns to fill the seat. After that period expires, the decision falls to the county's Circuit Courts to make the appointment.
“We can advertise immediately. We don't have to wait until Kelly resigns,” said Umstattd.
Because her resignation will come before the council picks her replacement, Burk will not participate in the selection of her replacement. But she said she hopes the town will choose someone who maintains the same agenda she had.
Burk's campaign platform for the Board of Supervisors was anti-growth, pro-education and land preservation.
“I don't have any names in particular,” she said, adding that she hopes “that we [Leesburg] continue with the process we've begun of making Leesburg a more business friendly place.”
Contact the reporter at hhobbs@timespapers.com
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