Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: SEPTEMBER 3, 2025
SUBJECT: CITY COUNCIL VACANCY APPOINTMENT PROCESS OR
ELECTION PROCESS FOR THE CURRENT CITY COUNCIL
VACANCY INCLUDING THE POSSIBILITY OF IMMEDIATE
APPOINTMENT
RECOMMENDATION
It is recommended that the Council provide direction with respect to the current City Council vacancy in accordance Atherton Municipal Code Section 2.32.030 addressing options to fill the Council seat vacancy effected by September 1, 2025, resignation of former Council Member Diana Hawkins-Manuelian
The Council may appoint immediately to fill the vacancy; outline a process to solicit interest and consider appointment to fill the vacancy; or outline a process to call a Special Election to fill the vacancy.
BACKGROUND | ANALYSIS
Council Member Diana Hawkins-Manuelian submitted a letter of resignation from Council effective September 1, 2025. In 2014 Council was also faced with a similar situation due to former Council Member Jim Dobbie’s resignation. As a response to that resignation, the Council adopted Ordinance No. 603, adding a new section to the Atherton Municipal Code. The adoption of Ordinance No. 603 gave the Council some flexibility with respect to appointing a replacement candidate to fill the unexpired term left by the resignation, with an interim member until a special election could be held. In 2021, the City Council was faced with a vacancy due to former Council Member Michael Lempres' relocation out of Town, at that time, the Council had the option to appoint a replacement in accordance with Municipal Code Section 2.32.030 (amended by Ordinance No. 603). With the resignation of former Council Member Diana Hawkins-Manuelian, the Council has a few options to consider. Council Member Hawkins-Manuelian was appointed to serve a four-year term in November 2024. The term expires in November 2028.
City Council Vacancy
SEPTEMBER 3, 2025
Vacancy Ordinance No. 603
With respect to appointment options, this Ordinance gives the Council the option to appoint to fill the vacancy until the date of a special election. Council can appoint an interim member until a special election is held either in June 2026 or November 2026. Due to the timing of this vacancy, the Council does not have the option to appoint to fill the term through November 2028. To appoint through the remainder of the term, the vacancy generally must have occurred in the second half of the term. The law requires that an election be held on the next regularly established election date, which is not less than one hundred fourteen (114) days from the call of the special election. This requires that the election be held during either the June 2026 statewide primary election (a Special Election) or the November 2026 general municipal election.
Options to Fill Vacancy
If a vacancy occurs in an elective office, the Council shall, within 60 days from commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (Gov. Code § 36512(b)(1).) Sixty days after September 1, 2025, the date of the resignation, is October 29, 2025 (the end of the 60-day window). The Council must decide how to fill the vacancy created by former Council Member Hawkins-Manuelian resignation before then. The Council has two options for filling the vacancy:
1. Leave the seat vacant and call a special election for the June 2026 statewide primary.
2. Appoint a replacement councilmember and either:
a. Call a special election for the June 2026 statewide primary; or b. Call an election for the November 2026 general municipal election.
Option #1: Special Election Only – Make No Appointment
The Council may choose to call a special election for the next established election date—the June 2026 statewide primary election) and leave the former Council Member Hawkins-Manuelian’s vacant until the election is decided.
This option leaves the Council with only four members until July 2026, when the replacement is sworn in. The replacement councilmember will serve the remainder of former Council Member Hawkins-Manuelian’s term until November 2028.
Option #2: Appoint a Replacement Councilmember at the September 3, 2025, Study Session or Conduct a Process for Candidate Application and Selection Tonight, the Council can discuss and agree on a candidate to appoint to serve until either a special election is held during the June 2026 statewide primary election or the November 2026 general municipal election.
Alternatively, the Council can invite candidates to apply (defining a time frame), conduct interviews, and agree to appoint a candidate after completing this application process to fill the unexpired term until a June 2026 or November 2026 election is held.
City Council Vacancy
SEPTEMBER 3, 2025
Should the Council direct a process for selection of a candidate, staff proposes the following schedule:
Notice to go out – Friday, September 5, 2025.
Application cut-off date: Friday, September 26, 2025, by 5:00 PM. Interview/Selection of candidate: Interview Potential Candidates, Study Session, October 1, 2025
Appointment/Swearing in: October 15, 2025
Calling an Election – June or November 2026
If Council chooses Option #2 to appoint and call for an election, the Council could choose to call the special election for the June 2026 statewide primary election [Option #2(a)] or opt to appoint through the next general municipal election in November 2026 [Option #2(b)]. Due to the other three seats expiring in November 2026, the Town is already scheduled to have a General Municipal Election in November 2026. The additional Special Election in June 2026 would be at an additional cost of approximately $28,000 to $34,000.
Additional consideration for the Council is that the June 2026 special election would be for one Council seat with a term running from June 2026 through November 2028. If the Council opted for a November 2026 General Municipal Election, there would be three seats up for four-year terms and one seat up for a two-year term (November 2026 through November 2028).
If Council chooses to appoint a temporary applicant until either a June special election or November general election, that election will be specified in the appointing Resolution. Council would then adopt the Call for Special Election Resolution in 2026 for either the June or November options in accordance with Election Code sections 12101 and 12111.
Appointment Consideration
If the Council elects to conduct a formal recruitment and screening process to solicit candidates, staff suggests preparing a notice for the public to be advertised widely, requesting applications, letters of interest and resumes for consideration. During the screening process, to be held at a special or regularly noticed meeting, candidates would be invited to attend and provided an opportunity to address Council. Council may choose to ask candidates a series of questions, that should be asked consistently.
After each candidate for consideration has been provided that opportunity the Mayor would open the floor for discussion and Council could entertain motions for any candidate’s considered appointment. Motions for considered appointments would require a second prior to voting on any particular candidate. Staff suggests that the Council consider putting all candidates on the floor for consideration through a nomination and second process. Once all candidates to be considered are put up through a nomination and second process, the Council would vote on candidates in the order nominated.
City Council Vacancy
SEPTEMBER 3, 2025
Once a candidate receives a majority vote by the Council, that candidate is appointed and no other candidates are considered.
FISCAL IMPACT
There is no cost at this time. If Council opts for a June 2026 Special Election the cost could range from an estimated $28,000 to $34,000. If Council opts for a November 2026 Special Election the estimated costs are between $23,000 and $28,000. The difference at the low end is approximately $5,000 and on the high end is approximately $6,000.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking
• Goal F - Build Community & Promote Civic Engagement
POLICY FOCUS
The recommendations in this report are consistent with Atherton Municipal Code Section
2.32.030.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
NONE