Missed deadline or no, Cape Coral City Council agreed Wednesday that a “backup” is needed in case the mayor is not available for a meeting or other charter-mandated duty.

The elected board was not able to name a mayor pro tem due to a referendum provision added to the city’s charter in 2002 that requires the appointment be made at the first meeting following the General Election.

Because Council had held a meeting following the Nov. 5 election but before the swearing in of the new council on Nov. 20, the time to appoint a new mayor pro tem to act in the mayor’s absence had passed.

This means Council cannot legally appoint one at least until November of 2025, City Attorney Aleksandr Boksner advised the board.

As per the charter, the mayor, who may live in any district, serves as the eighth member of council with some additional duties, the most important of which include presiding over meetings and signing documents on behalf of city.

Council members remain concerned about the lack of a mayor pro tem and have requested an alternative action, if one can be made.

“I feel so uneasy about it. I don’t think it is right. It doesn’t protect us, our city or residents,” Councilmember Jennifer Nelson-Lastra said at Wednesday’s Council workshop. “We don’t have any protection if something happens to him (Mayor John Gunter). Then what? We need to have a solution to this.”

Gunter agreed that the board needs to have a backup plan.

Boksner said he is contemplating the best mechanism — a vice mayor, or an interim mayor pro tem.

“I can have that before you on the 11th as a consent agenda item,” he said, adding that Council can adopt it and put someone in that position.

To resolve the issue, the person can be in that position no longer than a year.

Councilmember Keith Long suggested using “presiding officer” as the title.

Boksner said that person would serve as someone who presides over a council meeting and certain legal documents.