Walsh v. City of Orono

The Orono City mayor appointed a candidate to fill an city council seat after a member resigned with more than two years left on his term. Subsequently, the city passed a special-election ordinance, and based on that ordinance, it adopted a resolution to hold a special election for the city council seat. The court held that the application of the special-election ordinance did not implicate a state constitutional provision limiting the removal of inferior officers to instances of malfeasance or nonfeasance, because holding a special election did not constitute a “removal” of an inferior officer—the appointed candidate’s seat “was always temporary and subject to end upon a special election.”