TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #3
MEETING DATE January 9, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Heather Abrams, Town Manager and Janet Coleson, Town Attorney SUBJECT Update and Action on Vacancy of Elected Town Clerk and Town Treasurer Positions
RECOMMENDATION
Staff recommend the Town Council:
1. Decide whether to fill the vacancies of the Elected Town Clerk and Elected Town Treasurer positions by appointment or by calling for a Special election in November of 2025; and
2. Authorize staff to proceed with the selected process (appointment or election).
EXECUTIVE SUMMARY
The recent resignations of Michele Gardner as Elected Town Clerk on December 11, 2024, and Janet Garvin as Elected Town Treasurer on December 23, 2024, have created two elected-official vacancies.
The Town Council must address these vacancies in accordance with California Government Code Section 36512, which allows 60 days from the date of resignation to either appoint qualified individuals or call for special elections to fill their terms which expire in December 2026. • Appointment Option: Staff recommends opening applications until January 29, 2025, with interviews held in February.
• Special Election Option: The only established election date in 2025 is the second Tuesday in November. While California Election Code section 1500 establishes dates for mail ballot elections, Election Code sections 4000 through 4004, specifically EC 4004(a) and (c) lists allowed reasons for such mail ballot elections and election of a Town Treasurer and/or Town Clerk are not included in that list.
As of January 6, 2025 Fairfax currently has 5,910 registered voters, meaning special election costs are estimated at approximately $53,190 to $59,100.
BACKGROUND
Town Clerk Vacancy
The Elected Town Clerk is a largely ceremonial position, without authority to direct staff nor an office in Town Hall. There is no approved job description for the role. Fairfax’s elected Clerk receives no salary nor benefits. Earlier in 2024, the Town Council proposed a ballot measure to change the Town Clerk position from elected to appointed. The measure did not pass in the November 2024 election. 2 The many technical duties of the Clerk’s Office, which include record keeping, conformance with Brown Act transparency, providing public records, and elections processes are completed by full-time staff trained in these procedures. The remaining other Marin jurisdictions that have elected clerks are San Anselmo and San Rafael.
Town Treasurer Vacancy
The Town Treasurer is also largely ceremonial in nature, California Government Code requires that the Town Treasurer submit to the Town Clerk and the legislative body periodic written reports of fund balances and Town policy stipulates that the Treasurer may submit investment reports at least quarterly.
This role does not have a job description nor an office. Fairfax’s Treasurer receives $300 per month, making it challenging to attract qualified candidates. The other remaining Marin jurisdiction that has an elected Treasurer (San Anselmo) also appears to follow a model in which Treasurers are not involved in routine Town activities.
The elected Clerk and Treasurer do not report to the Council and are not required to attend Council meetings. When Fairfax last had a vacant elected Council Member role to fill in 2015, the Council decided to accept applications for appointment and develop a job description for Council Members. While a job description could be developed for the elected Clerk and Treasurer roles, they are elected and can only be elected or removed by a vote of the people regardless of whether they fulfill the job description.
Next Steps
Under California Government Code Section 36512, the Council must either:
1. Appoint replacements for the remainder of the terms; or
2. Call a special election for November, 2025 to allow voters to elect a new Town Clerk and Town Treasurer.
DISCUSSION
1. Appointment Option
If the Council opts to appoint replacements, staff recommend the following process, consistent with prior Town Council vacancy appointments:
• Applications open: Immediately following Council action, due by Wednesday, January 29, 2025.
• Interviews: February 5, 2025.
• Final selection: Council will appoint the new Town Clerk and Town Treasurer at the February 5, 2025 Town Council meeting immediately following interviews.
The appointment process ensures timely continuity and avoids the costs associated with a special election.
2. Special Election Option
3 If the Council opts for a special election, the only available date in 2025 is November 4, 2025 (vote centers and mail options).
Given Fairfax's 5,910 registered voters, estimated costs are between $53,190 to $59,100 (5,910 x $9.00-$10.00 per voter).
While a special election allows voters to decide on the position, it will incur higher costs and delays in filling the role. It is not allowed to appoint an interim elected Clerk or Treasurer if the Special election option is selected.
COMMUNITY OUTREACH
Staff will publicize the vacancies through the Town’s website, social media, and other standard outreach channels to ensure broad awareness and encourage qualified candidates to apply. If a special election is called, staff will comply with all state and local noticing requirements.
FISCAL IMPACT
• Appointment: No significant fiscal impact aside from nominal administrative costs. • Special Election: Estimated costs between $53,190 to $59,100.
ATTACHMENTS
A. Council-Adopted Process for Interviews and Selection B. Draft Applications
TOWN OF FAIRFAX
Council-Adopted Process for Interviews and Selection
1. When the applicants arrive, staff will randomly draw numbers to set the order of the presentations.
2. As a courtesy to the other applicants, Council will request that all applicants wait in the lobby or other waiting area while any one applicant is making his/her presentation.
3. Each applicant will have 10 minutes to make a presentation and to answer any questions from the Council. Applicants have been given the following three questions to cover in whatever level of detail they desire in their presentations:
• Cite three top goals for the Council and your reasons for considering them high priority.
• What program/budget areas would you advocate be increased, and how would you fund these increases?
• Please give us more detail on what your vision is for the Town of Fairfax.
The questions are meant to provide some basis by which the Council can compare the presentations. Staff will set the timer for 10 minutes and presenters will be informed when 1 minute remains. No additional time will be permitted.
4. After the presentations are completed, all applicants will be invited back into the meeting room to hear the first step in the Council deliberations.
5. The first step will be for the Council to create a list of finalists by having each of the Council select his/her top two applicants. Staff will create a list of the finalists based on the Council vote.
6. One by one (in alphabetical order by last name), the finalists will then be interviewed by the Council.
7. Once again, the Council will ask that all of the finalists leave the meeting room and return to the lobby while any one finalist is being interviewed. The Council will ask questions of each of the finalists. Finalists will have 5 minutes to answer questions, if more than three (3) finalists are selected. If 3 or fewer finalists are selected, then each finalist will have 10 minutes to answer questions.
8. When all interviews have been completed, all finalists will be invited back into the meeting room to hear the final step in the deliberations.
ATTACHMENT A
9. Each Councilmember will then rank his/her choices, with Rank 1 earning 3 points Rank 2 earning 2 points, and Rank 3 earning 1 point. Staff will tally the points and report the results to the Council.
10. Town Council will, by motion, make their decision that night or defer it to another meeting.
11. If Council makes a decision, the newly appointed Councilmember will take his/her oath of office at the next Council meeting.
Applications are public record.
ATTACHMENT B
Application for the Elected Town Clerk Position to fill a term expiring November 4, 2026 – Town of Fairfax, CA
Please note: This is an unpaid position.
Thank you for your interest in serving as the Town Clerk for the Town of Fairfax. Please complete this application to help the Town Council understand your qualifications and interest in this role.
PERSONAL INFORMATION
Full Name:
Home Address(must be a Fairfax resident):
Phone Number:
Email Address:
Are you registered to vote in Fairfax, CA: ____ yes ____no • What interests you about the role of Town Clerk, and why do you want to volunteer for this position?
Availability
• The Town Clerk may attend Town Council meetings, but does not vote with the Council. Do you anticipate attending these meetings?
• Do you have any financial and/or property interests or commitments that could conflict with the role of the elected Town Clerk?
References
15. Please provide the names and contact information for two references who can speak to your qualifications or experience:
• Name:
• Relationship:
• Phone:
• Email:
• Name:
• Relationship:
• Phone:
• Email:
Applications are public record.
• Name:
• Relationship:
• Phone:
• Email:
Additional Information
Is there anything else you would like the Town Council to know about your skills, experience, or interest in the Town Clerk position?
Submission Instructions:
Please submit your completed application by Wednesday, January 29 at 12:00 AM to Deputy Clerk Christine Foster at [email protected]. If you have questions, contact Town Manager Heather Abrams at [email protected].
Thank you for your interest in contributing to the Town of Fairfax.
Applications are public record.
ATTACHMENT B
Application for the Elected Town Treasurer Position to fill a term expiring November 4, 2026 – Town of Fairfax, CA
Please note: This position receives a monthly stipend of $300.
Thank you for your interest in serving as the Town Treasurer for the Town of Fairfax. Please complete this application to help the Town Council understand your qualifications and interest in this role.
PERSONAL INFORMATION
Full Name:
Home Address (must be a Fairfax resident):
Phone Number:
Email Address:
Are you registered to vote in Fairfax, CA: ____ yes ____no • What interests you about the role of Town Treasurer, and why do you want to volunteer for this position?
• Can you provide examples of your experience in financial reporting, financial forecasting, and auditing?
• Please describe your professional experience in financial management, accounting, or treasury operations. Include years of experience and key responsibilities. • Do you have any conflicts of interest that could impact your ability to serve as Town Treasurer?
Availability
The Town Treasurer produces quarterly reports and other reports as necessary, will you be available to dedicate the time it takes to complete this work? ____ yes ____no References
15. Please provide the names and contact information for two references who can speak to your qualifications or experience:
• Name:
• Relationship:
• Phone:
• Email:
• Name:
Applications are public record.
• Relationship:
• Phone:
• Email:
• Name:
• Relationship:
• Phone:
• Email:
Additional Information
Is there anything else you would like the Town Council to know about your skills, experience, or interest in the Town Treasurer position?
Submission Instructions:
Please submit your completed application by Wednesday, January 29 at 12:00 AM to Deputy Clerk Christine Foster. If you have questions, contact Town Manager Heather Abrams at [email protected].
Thank you for your interest in contributing to the Town of Fairfax.