HomeMy WebLinkAboutAgenda Report - March 10, 2020 B-01AGENDA ITEM evol
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AGENDA TITLE: Provide Direction to Staff Regarding Vacant Seat on the City Council
MEETING DATE: March 10, 2020
PREPARED BY: City Manager
RECOMMENDED ACTION: Provide direction to staff regarding vacant seat on the City Council.
BACKGROUND INFORMATION: Due to the recent passing of Councilmember Bob Johnson, an at -
large council seat (with a term ending November 2020) is now vacant.
California Government Code Section 36512 provides direction on the
process of filling vacant seats.
Section 36512 directs a council to either fill a vacancy or call a special election within sixty days of the
vacarcy. In addition, if the Council choses to call a special election, the election must be held at least 114
days from the date Council calls the election to allow candidates an opportunity to run a meaningful
campaign. In this case, the only established election date that fits this mandate falls on November 3, 2020,
which coincides with the date seats for Districts 4 and 5 will, for the first time, be up for election. As a
result calling a special election to fill the current at -large seat would be a futile act, and likely lead to
significant voter confusion since the seats for Districts 4 and 5 would also be up for election on November
3rd regardless of the current at -large vacancy.
Council has three options
1) Appoint a successor to fill the term of the current at -large vacancy;
2) Call a Special Election for November 3, 2020; or
3) Do nothing.
Each of these options has potential negative outcomes. Appointing a successor candidate close to an
impending election (for Districts 4 and 5) may improve a candidate's chances of winning in the November
2020 election. Calling a special election would cause significant voter confusion as outlined above and not
result in actually seating an at -large replacement since a representative for District 5 would be elected at
the same time. Doing nothing is not an option provided by statute. Each of these options is discussed in
greater detail in the City Attorney's attorney-client privileged memorandum provided to the Council.
As noted, because the current vacancy is at -large and not from a district, the vacancy can be filed by any
registered voter in the City. That leaves Council the option of selecting a candidate who does not live in
either of the districts (4 and 5) that will be up for election in 2020. Another option would be to appoint only
declared non -candidates for 2020. Council must be aware that both of those requirements are non -
enforceable since a person could move or decide to run after the appointment.
"TA • • : •
Provide Staff Direction regarding whether to and process to fill Vacant Council Seat
March 10, 2020
Page 2 of 2
For historical context, the Council faced filling of a vacancy in the last year of a council member's term of
office in 1998. At that time, all council seats were at -large. The Council decided to appoint an interim
council member to fill the vacancy and directed the City Clerk accept applications from interested citizens
during a one (1) week period. Following the application deadline, Council Members individually reviewed
and ranked the applicants and provided their individual rankings to the City Clerk. Every candidate in the
top th,ee rankings was named a finalist and publicly interviewed at an open special meeting of the City
Council. Each interview was no more than 30 -minutes. The Council made the final selection at a special
meeti-ig held the week following the interviews, with the appointee sworn into office at the Council's next
regular meeting.
Following discussion of the Council, staff requests direction as to what action, if any, that should be taken
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
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City Manager