COEUR d’ALENE — The nomination of former Coeur d'Alene fire chief Kenny Gabriel to fill an upcoming vacancy on the City Council failed when Mayor Jim Hammond abstained from voting following some heated discussion Tuesday.

Councilmembers Kiki Miller, Amy Evans and Woody McEvers voted yes on Gabriel’s nomination, while Dan Gookin, Dan English and Christie Wood voted no. 

“Because it’s a tie, it fails,” Hammond said. 

Hammond said he did not want to leave his final meeting as mayor by forcing someone to take a position when half of the council voted against the motion. 

“I think it’s a very poor way to put somebody into a seat when you’re got three people voting against a process,” Hammond said. 

An earlier vote on a motion by Gookin to table the issue until the Sept. 3 meeting failed, also by a 3-3 vote and after some tense talk.

The mayor’s move closed what was a sometimes-contentious discussion, with an upset Gookin saying, “I think the skids are greased. I think it’s a done deal.” 

He went on to say, “I don’t like backroom deals. I have a feeling that’s what’s happening here.” 

At issue was this: Hammond issued his resignation last month, effective Aug. 31, and said he and his wife are moving to Colorado to be near family, including two young grandchildren. 

McEvers was appointed by the City Council earlier this month to the mayor post effective Sept. 1. 

At the behest of McEvers, Hammond nominated Gabriel for the council seat. 

Gookin, Wood and English, however, called for a "transparent" process that would give the public a chance to be involved and perhaps even express interest in the council post.

Gookin also said he had legal concerns and cited a 2011 case involving a vacancy on the Coeur d’Alene School Board to argue against appointing someone to a seat that is not yet vacant. 

There was also a question of whether Hammond could cast a vote if it came to a tie, because while the mayor nominates a candidate, the council votes on it. 

“I don’t think the mayor has authority to vote on this,” Gookin said. 

“If he’s going to make an appointment and its controversial, it’s the same as us not being here at all,” Gookin continued.

City attorney Randy Adams said the codes on the matter were unclear.

“I cannot definitely say the mayor cannot vote to break such a tie,” he said.

Evans asked if the city would be open to a lawsuit if the mayor voted, to which Adams said anyone can file a lawsuit. But in regard to this specific issue, such a lawsuit would be unlikely to succeed, Adams said.

English and Wood emphasized their opposition was to the process, not the person, as they both respected Gabriel and called him a proven leader. 

Gabriel retired as fire chief in 2022.

Wood said a few people contacted her to express interest in the council seat, but she didn’t know what to tell them. She said in her 24 years of public service, she has found the public likes to be involved. 

“It’s just messy to me. It's not public. It's not transparent,” Wood said.

Miller said the council was elected to make such decisions and do the work of the people. 

"I think a good segment of the public wants us to do our job," she said.

She said Gookin, Wood and English had in mind a process to fill the council seat she wasn't sure the public even wanted.

“There is no process that is defined," she said.

Miller said the council has a seat to fill and a lot of work to do, and McEvers had said he wants someone who can hit the ground running.

She said the council should "do what is best for the city."

Hammond, before abstaining, said the council has the right to oppose a process. 

“But they don’t have the right to force that upon the mayor,” he said.

The issue is expected to be revisited at the Sept. 3 council meeting.