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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF CITY ATTORNEY
DATE: JUNE 7, 2022
FROM: OFFICES OF CITY ATTORNEY AND CITY CLERK
SUBJECT: MAYORAL VACANCY
ATTACHMENT (Y/N): NO ITEM # 15
ACTION:
Discuss Council’s alternatives with regard to the Mayoral vacancy, with option to direct staff to place on next regular meeting agenda any action items stemming from that discussion.
DISCUSSION:
Former Mayor Harry Sidhu resigned from his position as Mayor of Anaheim effective May 24, 2022. Since his resignation, questions have been raised about what the City’s options are to fill the vacancy and how mayoral duties and powers are exercised in the interim.
Relevant authorities as to these questions are excerpted as follows:
City Charter Section 503:
A vacancy in the office of Mayor or on the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his or her successor qualifies. An appointee to the office of Mayor or to the office of member of the City Council shall have the qualifications for that office as set forth in Section 501; provided, however, that the vacancy of a City Council member elected at large may be filled without regard to District residency. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor.
. . .
In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term.”
City Charter Section 504:
“The Mayor shall have the same rights, privileges, powers and duties as are held by members of the City Council and shall be regarded as a member of the City Council for all purposes except to the extent expressly inconsistent with any Mayoral Vacancy
June 7, 2022
other provision of this Charter or other applicable law. The Mayor may make and second motions and shall have a voice and vote in all proceedings of the City Council. The Mayor shall be the official head of the City for ceremonial purposes. The Mayor shall have the primary, but not the exclusive, responsibility for communicating the policies, programs and needs of the City government to the people, and as occasion requires, he or she may inform the people of any major change in policy or program. The Mayor shall perform such other duties consistent with his or her office as may be prescribed by this Charter or as may be imposed by the City Council.
. . .
The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability.”
Section 1.05 City Rules of Procedures and Order:
“Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro Tempore shall serve as presiding officer. In the absence of both the Mayor and Mayor Pro Tempore, the remaining Council members in attendance shall elect a temporary chairperson to preside at such meeting. The term "Mayor" as used herein shall mean the chairperson. The term "Council member" as used herein shall include the Mayor.”
Section 3.02 City Rules of Procedures and Order:
“Nominations and Elections. Appointments by the Council to fill vacancies on the City Council pursuant to Section 503 of the City Charter, appointments to boards and commissions that are not governed by the Anaheim Municipal Code, the election of the Mayor Pro Tempore, and the election of other officers are conducted by an election of the Council. With the exception of those boards and commissions governed by the Anaheim Municipal Code, any Council member may make a nomination. Nominations do not require a second. Nominations shall be closed by a motion adopted by majority vote. Nominations are voted on in the order made. Voting on nominees shall be by roll call voice vote or by electronic display device. The person receiving the highest number of affirmative votes constituting at least a majority of the total membership of the City Council is elected. Abstentions shall not be counted as affirmative votes.”
These authorities and their applicability to the situation currently facing the City and the Council will be discussed. To the extent the Council would like to agendize for the next Council meeting a follow-up item to address the vacancy, the Council will have the ability to do that.
Mayoral Vacancy
June 7, 2022
IMPACT ON BUDGET:
There is no impact on the City’s budget.
Respectfully submitted, Concurred by,
Robert Fabela Theresa Bass
City Attorney City Clerk