What happens when a city councilman resigns but the city council won’t declare a vacancy?

That's the conundrum in Clarkston, where it's unclear how to replace Councilman Robert Hogan, who is moving into a home outside the city.

Hogan announced he was stepping down Oct. 4, but the Clarkston City Council couldn't muster enough votes to affirm that his seat is vacant, as required by the city's ordinances.

Councilman Dean Moore voted against declaring the vacancy, a required step before a special election can be called. The vote was 2-1 with Hogan abstaining, short of a majority necessary to pass the measure.

“I think it would be a waste of money” to hold a special election, which would cost the city about $2,500, Moore said. “I don’t see this as being a real crisis for the city.”

But Mayor Ted Terry said voters should be allowed to choose their representative during a special election in March.

“Let’s not try to manipulate the system,” Terry said. “We have to do this. The city charter says it and state law says it.”

The City Council will revisit the issue at next month’s meeting, when two council members that were absent last week will be able to vote.

If the stalemate continues, it could take a judge’s order to declare the vacancy.

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In this file photo from October 2024, Atlanta Braves outfielder Jorge Soler and teammates react after losing to the San Diego Padres 5-4 in San Diego. The Braves and Soler, who now plays for the Los Angeles Angels, face a lawsuit by a fan injured at a 2021 World Series game at Truist Park in Atlanta. (Jason Getz/AJC)

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