HomeMy WebLinkAboutAgenda Report - March 7, 2023 B-01AGENDA ITEM so
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Provide Direction to Staff Regarding Vacant Seat on the City Council
MEETING DATE: March 7, 2023
PREPARED BY: City Manager
RECOMMENDED ACTION: Provide direction to staff regarding vacant seat on the City Council.
BACKGROUND INFORMATION: Due to the resignation of Council Member Shakir Khan, a vacancy
now exits in the District 4 Council seat. Mr. Khan's resignation was
effective by its terms on February 16, 2023. California Government
Code Section 36512 provides direction on the process of filling vacant seats.
Section 36512 directs a council to either fill a vacancy by appointment or call a special election within sixty
(60) days of the declared vacancy. Based on the effective date of Mr. Khan's resignation (February 16th)
Council must act under Section 36512 on or before April 16, 2023.
Council has three options:
1) Appoint a successor to fill the remainder of the District 4 term through 2024;
2) Call a Special Election to be held on November 7, 2023; or
3) Do nothing.
The Council can appoint a successor to represent District 4 for the balance of the existing term, through a
process established by the Council. For historical context, the Council previously faced the need to fill 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 three 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 meeting held the week following the interviews, with the
appointee sworn into office at the Council's next regular meeting. Council also addressed a vacancy with
Council Member Bob Johnson. In that case, Council elected not to fill the seat by election or appointment in
part based on proximity to the next election, cost, and a desire not to tip the scales toward any one
candidate in the upcoming election. The council seat for District 4 will be subject to vote in the November
2024 general election.
Alternatively, the Council could call for a special election to be held no earlier than November 7, 2023.
The San Joaquin County Registrar of Voters Office estimates the cost of a special election to range from
$25,000 to $50,000. This is significantly less than Staff was originally expecting due to the limited number
of voters in a single district contest. The cost is based on what the County is actually billed for
administering the special election. The County uses the following formula: the total billable amount of
Stephen Schwabauer, City Manager
Provide Direction to Staff Regarding Vacant Seat on the City Council
March 7, 2023
Page 2 of 2
actual election costs (from previous elections) divided by the total number of registered voters equals the
total cost per voter. Currently, District 4 has 3,943 registered voters. Based on recent elections, the
SJROV estimates that the cost per voter for a special election in District 4 would range from
approximately $5.20 to $10.46. If the total number of registered voters were to increase prior to the
special election, the projected cost per voter would have a corresponding decrease.
Staff does not recommend that the Council take no action to fill the current vacancy. Doing nothing leaves
District 4 without representation until the 2024 general election and exposes the City to possible legal risk
as discussed in the City Attorney's attorney-client privileged memorandum provided to the Council.
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.
Steve schwabauer
Stephen Schwabauer
City Manager