By Adam Pagnucco.
Council Member Gabe Albornoz has announced that he will be leaving the county council on December 1. This news is no surprise considering that he recently announced that he will not be running for reelection. His departure will trigger an appointment process by the council to fill his seat for the remainder of his term.
Depending on the timing of a vacancy, an open council seat may be filled either by a special election or an appointment. The issue was decided by voters in 1998, when they approved a charter amendment allowing special elections for vacancies. Afterwards, the council passed legislation providing for an appointment if the vacancy occurred on December 1 of the year before a gubernatorial election or later.
Since the charter amendment passed, the council has filled two vacancies with appointments. In July 2002, the council appointed Donnell Peterman to fill the District 5 seat vacated by Derick Berlage. And in January 2014, the council appointed Cherrie Branson to fill the District 5 seat vacated by Valerie Ervin. On both occasions, the council made clear its preference that the appointee not use the seat as a platform to run for election in that year. Both Peterman and Branson respected the council’s wishes.
I worked at the council when Ervin resigned. Eighteen applicants applied for her seat. Fourteen were interviewed in public. The interviewees included some prominent people such as former Delegate Herman Taylor, Elrich Chief of Staff Dale Tibbitts, future Source of the Spring founder Mike Diegel, Takoma Park City Council Member Timothy Male, retired principal and future Board of Education Member Jeanette Dixon, well-known civic activist Dan Wilhelm, Baltimore budget director and future Chief Administrative Officer Andrew Kleine and Branson, who was then a staffer in Congress. The council released a 135-page packet containing the application letters and resumes of the interviewees. The process was wide open and Branson served ably after she was picked.
This council must use the same level of transparency we observed in 2014.
Council President Kate Stewart sent out the press release below describing the appointment process the council now plans to use. Pay attention folks, because the ultimate appointee will have the same powers as all elected members of the body.
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Council President Kate Stewart Outlines Montgomery County’s Process to Fill Upcoming At-Large Councilmember Vacancy
Application Deadline is Nov. 5 at 5 p.m.
ROCKVILLE, Md., Oct. 16, 2025—Montgomery County Council President Kate Stewart today outlined the process to appoint an at-large councilmember in accordance with the Montgomery County Charter. Earlier today Councilmember Gabe Albornoz announced that he plans to resign from the Council on Dec. 1, 2025, and will submit an official letter of resignation at that time.
“The Council will engage in a deliberative process to appoint a councilmember to fulfill the rest of Councilmember Albornoz’s term,” said County President Kate Stewart. “As we engage in this process, I want to assure our residents that the work of the Council will continue without disruption.”
The Montgomery County Charter, Section 106, covers Council vacancies and provides, “When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within thirty days. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election.”
In accordance with the Charter and Montgomery County Code Section 16-17, a vacancy occurring on or after Dec. 1 the year before the election is filled with an appointee.
The appointed councilmember will fulfill the functions of the office for less than one year, with the current Council term of service ending on Dec. 1, 2026.
“We are seeking a Montgomery County resident to serve on the Council who is knowledgeable about budgetary, public policy, and legislative work,” said Council President Stewart. “Additionally, we are seeking individuals who do not intend to run for office in 2026 to eliminate any potential unfair advantage in the upcoming election cycle.”
The Council will select an individual for this temporary appointment based on their professional experience, public service, and understanding of community issues necessary to fulfill this caretaker role until the next election. Also, to provide a level playing field for all individuals who are seeking election in the next full term, the appointment candidates must not intend to run for office in the 2026 primary or general elections on June 23 and Nov. 3.
The Council appointee must reside in Montgomery County and be registered to vote as a Democrat, which is the same political party registration held by Councilmember Albornoz.
Applicants for this Council appointment should submit a letter of interest and resume no later than Nov. 5, 2025, at 5 p.m. Applications must be submitted via email to: council.clerk@montgomerycountymd.gov.
Each resume submitted should include the applicant’s professional and civic experience, political party affiliation, home and office telephone numbers, and home and email addresses.
In an effort to attract the best applicants to serve for less than one year, initial application materials will be kept confidential.
Applicants will also be required to submit a confidential County financial disclosure statement to the clerk of the Council. This form will be submitted by the clerk to each applicant for completion. The Council will initially interview a top applicant or applicants in a proposed closed session, which will be followed by a public interview(s) at the Council’s Dec. 2 meeting.
A resume and/or biography for any applicant(s) selected for public interview(s) will be available to the public. The final interview(s) and appointment proceeding will be open to the public, televised, streamed live, and available on the Council’s website and Facebook and YouTube pages.
The applicant selected for appointment will be required to file a financial disclosure statement of assets, debts, income, and family property interests with the Montgomery County Ethics Commission, consistent with other Montgomery County elected and appointed officials. The financial disclosure statement of the appointee filed with the Commission will be available for public inspection.
The Council plans to vote on the final appointment at its Dec. 9 meeting. Updated Council committee assignments will also be announced immediately following the appointment.
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