CC 2013-10-08_11.b. Process for Filling Council VacancyMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY
STEVEN ADAMS, CITY MANAGER
KELLY WETMORE, LEGISLATIVE AND INFORMATION SERVICES
DIRECTOR/CITY CLERK
SUBJECT: CONSIDERATION OF A PROCESS FOR FILLING CITY COUNCIL
VACANCY
DATE: OCTOBER 8, 2013
RECOMMENDATION:
It is recommended the City Council consider options for the procedures to use to fill a
vacancy on the City Council and direct staff accordingly.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no cost impact from filling the vacancy by appointment, other than nominal
costs associated with any advertising of the vacancy that the City Council determines
would be appropriate. Should the Council call for a Special Election to fill the vacancy,
the estimated cost is $35,000-$40,000.
BACKGROUND:
On October 3, 2013, Governor Brown appointed Council Member Ray to fill the vacant
Fourth District Supervisorial seat. On October 4, 2013, Council Member Ray resigned
from her Council seat and was sworn in as a County of San Luis Obispo Supervisor.
ANALYSIS OF ISSUES:
California Government Code Section 36512 provides the methods by which a vacancy
on a City Council may be filled. Specifically, this section provides that the "…the council
shall, within 60 days from the commencement of the vacancy, either fill the vacancy by
appointment or call a special election to fill the vacancy. The special election shall be
held on the next regularly established election date not less than 114 days from the call
of the special election. A person appointed or elected to fill a vacancy holds office for
the unexpired term of the former incumbent."
If the Council chooses to fill the vacancy by calling a Special Election, that election
would take place on June 3, 2014 at the Consolidated Statewide Primary Election. The
County Elections Official estimates the cost of a special election at $35,000-$40,000.
The Council would continue to operate with four (4) members for approximately nine (9)
months.
Item 11.b. - Page 1
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
OCTOBER 8, 2013
PAGE 2
State law does not identify any specific appointment procedure that must be followed in
filling a vacancy on a City Council. Therefore, the City Council has considerable
discretion in determining what procedure to utilize, with the only significant constraint
being the sixty (60) day statutory time frame within which to act, which means the
Council must take action prior to December 3, 2013.
There are a wide range of options available in selecting someone to fill the vacancy. On
one end of the spectrum, the appointment can be placed on the Agenda and the
Council can simply take nominations and vote until a nominee obtains three (3) votes.
At the other end of the spectrum, a notice of the vacancy can be published and posted,
applications required, workshops or public forums scheduled, interviews informally held
by an ad hoc committee of two Council Members or formally by the full Council at a duly
noticed meeting, and ultimately nominations made, and action taken to fill the vacancy.
At the outset there is the question of how to publicize the vacancy. The City Council
could direct that notice of the vacancy be posted and perhaps advertised in a local
newspaper, and can also direct preparation of a news release indicating that applicants
for the vacancy are being sought. The next issue to consider is what to require as
submittals from interested persons. The City Council can choose to require interested
persons to fill out and submit one or more of the following: a formal application, letter of
interest, resume, other supporting documents and/or letters of recommendation. It can
list criteria that applicants need to address in their application or letter of interest, such
as history of community involvement, what they view as important issues facing the City
and how they would like to see them addressed or resolved, or similar matters and
concerns.
Any combination of the options can be required, with the goal of eliciting sufficient
information for the City Council to make an informed decision regarding the people who
apply. Also, since Government Code Section 36512 provides a 60 day time period in
which to act, consideration needs to be given to establishing a deadline for submittal of
applications or letters of interest, as well as the date at which the applicants will be
considered and an appointment made.
Finally, there is the question of the actual selection process. The Brown Act does
contain an exception for ad hoc subcommittees consisting solely of less than a quorum
of Council Members. Therefore, such an ad hoc subcommittee could be formed to
review applications and make recommendations to the City Council. Also, the City
Council should consider whether it would like to give applicants for the vacancy an
opportunity to make a short presentation, or respond to questions as part of a public
interview process.
In 2010, when a vacancy was created by the resignation of a Council Member, the
Council chose to fill the vacancy by appointment due primarily to time and financial
considerations. The Council considered a variety of options and agreed on the following
process:
Item 11.b. - Page 2
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
OCTOBER 8, 2013
PAGE 2
The City Council vacancy would be filled by City Council appointment.
An Application and Notice of Vacancy forms were approved (see Attachments 1
and 2) and a deadline to submit applications was established.
An applicant public forum was scheduled to provide public involvement in the
process, and the League of Women Voters moderated the forum. Staff formally
noticed the applicant forum as a Special Council Meeting in order to avoid any
Brown Act problems, so that all Council Members could be present to view the
proceedings. (The cost for the League of Women Voters to facilitate the activity
in 2010 was $200. If Council would like to pursue this process, staff suggests
contacting the League of Women Voters as soon as possible to determine
availability and dates).
Three (3) City Council questions were developed by the Council for applicants to
respond to at the forum, along with questions that would be submitted by the
public. (The questions were: 1) What do you consider two or three important
issues facing the City that you would like to help solve?; 2) Name two or three
things you like about Arroyo Grande that should be protected; and 3) What do
you think are the three most important financial priorities for the City?)
The appointment was scheduled to take place at a subsequent Regular City
Council Meeting.
Following an additional opportunity for the public and Council to obtain applicant
feedback at the Regular Council Meeting, Council Members ranked all the
applicants. The rankings were tabulated and presented by staff, which would
then be used by Council to make a motion(s) for appointment.
The new Council Member was sworn in and seated at that same meeting.
The entire process, from the Council determination to fill the vacancy by appointment to
the Council appointment itself, took approximately three (3) weeks. The City received
favorable feedback from the public regarding the process (see Attachment 3).
It is important to note that in considering applicants for appointment to the vacant office,
the City Council may not meet in closed session. While under the Brown Act the City
Council may meet in closed session to consider the appointment of a public employee,
an elected official is expressly excluded from the definition of an “employee”.
(Government Code Section 54957.) In addition the voting process must be open, since
the Brown Act prohibits the use of secret ballots (Government Code Section 54953(c)).
Based on the above, the Council should consider making an appointment at a Regular
Council meeting, or at a subsequent Special Council meeting, if necessary.
Item 11.b. - Page 3
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
OCTOBER 8, 2013
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1.Utilize the application and appointment process as conducted in 2010;
2.Consider other options for soliciting applicants, including how to publicize the
vacancy;
3.Consider the options, in requiring applicants for the vacancy to submit a formal
application, letter of interest and/or documents in support of their candidacy for
the vacancy;
4.Consider scheduling a public forum;
5.Consider whether an ad hoc subcommittee should be formed to review
applicants, and also whether applicants should be subject to a public interview or
allowed to make a statement in support of their application;
6.Establish a time-table for publicizing the vacancy, accepting applicants and
making the appointment;
7.Do not use the appointment process and call a Special Election; or
8.Provide other appropriate direction to staff.
ADVANTAGES:
The primary advantage of utilizing the same process as in 2010 is that it will fill the
vacancy in a timely manner and minimize costs. Meanwhile, the feedback previously
received from the public regarding the process is that it was fair and provided
opportunities for public input. The advantage of a special election is that the people
choose their representative.
DISADVANTAGES:
There are no disadvantages identified with the outlined appointment process. The
disadvantage of a special election would be the costs and time period the City Council
would need to operate without full representation.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Friday, October 4, 2013. The staff
report was posted on the City’s website on Monday, October 7, 2013.
Item 11.b. - Page 4
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
OCTOBER 8, 2013
PAGE 2
Attachments:
1. Draft Notice of Vacancy
2. Draft Application for City Council Member Vacancy Appointment
3. News articles regarding appointment process
Item 11.b. - Page 5
ATTACHMENT 1
Item 11.b. - Page 6
Page 1 of 2
CITY OF ARROYO GRANDE
APPLICATION TO FILL COUNCIL VACANCY
Applicant must be a resident of the City of Arroyo Grande
Application Deadline: ______, _______, 2013 – 5:00 p.m.
Return to City Clerk’s Office, 300 E. Branch Street, Arroyo Grande, CA 93420
NAME:
______________________________________________
Last First MI
ARE YOU 18 YEARS OF AGE OR OLDER? Yes__ No__
ARE YOU REGISTERED TO VOTE? Yes__ No__
ADDRESS:
_____________________________________________
Number Street City Zip
DO YOU RESIDE WITHIN THE CITY LIMITS OF THE CITY
OF ARROYO GRANDE? Yes___No__
TELEPHONE:
Hm ( )_____________ Wk ( )_______________
ARE YOU PLANNING TO RUN IN THE NOVEMBER 2014
ELECTION (please circle one)
YES NO UNDECIDED
Are you now serving on a City Commission/Committee?_________________________________________
If so, which? ______________________________________________________________________________
Have you previously served on a City Board, Commission, or Committee?__________________________
If yes, which body and dates of service?______________________________________________________
EDUCATION (include professional or vocational licenses or certificates)____________________________________
__________________________________________________________________________________________________
CURRENT EMPLOYER:____________________________________________________________________________
EMPLOYER ADDRESS:_______________________________________PHONE:______________________________
POSITION OR TITLE:______________________________________________________________________________
Explain your reason(s) for wanting to serve:
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
ATTACHMENT 2
Item 11.b. - Page 7
Page 2 of 2
QUALIFICATIONS OR EXPERIENCE: (Applicable to the purpose and subject matter of this appointment)
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
COMMUNITY INVOLVEMENT (List organization memberships and committee assignments)____________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
REFERENCES: List three persons, not relatives, who have knowledge of your character, experience, community
involvement, and abilities. You may also attach letters of reference and/or a resume (optional). PLEASE OBTAIN
PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE.
Name Address Phone Occupation
I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief.
______________________________________________________________________________
Applicant Signature Date
Notice to Applicants:
1)Applicants appointed by the City Council are required to take an Oath of Office.
2)State law and the City’s Conflict of Interest Code requires that Council Members file Statements of Economic
Interests (Form 700) upon assuming office, annually, and upon leaving office (e.g., sources of income, loans, gifts,
investments, interests in real property within the City).
3)This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California
Public Records Act.
FOR USE BY CITY CLERK’S OFFICE: (Date Stamp)
Received by:_________________________________________
Item 11.b. - Page 8
ATTACHMENT 3
Item 11.b. - Page 9
THIS PAGE INTENTIONALLY LEFT BLANK
Item 11.b. - Page 10