Agenda Item No: Q.4
AGENDA REPORT
DATE: June 16, 2026
TO: Acting Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Discussion, Consideration, and Possible Appointment to Fill Vacant Mayor’s Position Pursuant to California Government Code section 34902
Funding Source: N/A
Contact: David Lim, (415) 782-8484
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
Discuss and consider vacant mayor’s position caused by resignation of Mayor Catherine “Cat” Moy on Tuesday, June 9, 2026; discuss appointment procedures; and consider appointing a new mayor.
DISCUSSION
On June 9, 2026, Mayor Catherine “Cat” Moy submitted a letter of resignation to th e city clerk, city manager, and city attorney, and forwarded the letter to local media outlets (Attachment 2).
In the City of Fairfield, the Office of Mayor is a directly elected position by the entire City and serves a four-year term. Under Government Code section 34903, the mayor is a member of the City Council and has all the powers and duties of a member of the council.
Under Government Code section 34902:
In the case of a vacancy in the office of the mayor for any reason, the council shall fill the vacancy by appointment. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established electio n date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.
Under the law, the council shall fill the vacancy by August 9, 2026, which is the 60th day from the June 9 resignation by Mayor Moy. Any person selected to fill the vacancy shall hold the seat until the next election for mayor, which is Tuesday, November 3, 2026.
If the vacancy is not filled within those 60 days, the seat shall remain va cant and be filled at the general election on Tuesday, November 3, 2026, which is the next regularly scheduled election for the mayor position.
Options for City Council
The council may take any of the suggested options below, or any option that it deems appropriate and in line with Government Code Section 34902.
OPTION #1: Appoint a Person to Fill the Vacant Mayor’s Seat Via An Application Process
Under this option, the council would appoint a person to fill the vacant seat within 60 days (August 9).
If the council chooses this option, the city attorney recommends that the City open an “application window” to allow all interested persons eligible to fill the office of Mayor to apply for the position with the city clerk, allow the city clerk to verify each applicants eligibility for office, and then choose from the pool of applicants at an open and public general meeting of the council.
To be eligible to hold office, a person must be a registered voter at the time they apply for the office, and they must reside in the City limits.
Under this option, the council could authorize the city clerk to open and advertise an application window for the next two weeks, then present all applications at the July 7, 2026, council meeting for consideration and potential appointment of an applicant.
OPTION #2: Appoint a Person to Fill the Vacant Mayor’s Seat Tonight
While this is a legally permiss ible option, the city attorney does not recommend this approach, as the city clerk would not be able to verify the eligibility of any possible appointee, and it would not allow the council to consider all interested parties.
OPTION #3: Leave the Seat Vacant and Call for the Seat to Be Filled on November 3
Under this option, the council would pass a resolution to decline to fill the vacant seat by appointment and call for the seat to be filled at the General Election on Tuesday, November 3, 2026. It is recommended that if the council chooses this option, it do so no later than the July 7, 2026, council meeting, so that the election on November 3 is “not less than 114 days” from when the council calls the election.
Please note, that the council may choose Option #1, and if no suitable candidate is found on July 7, the council may then pivot and choose Option #3.
FINANCIAL IMPACT
There is no financial impact on this matter as the appointment to the vacant mayor’s position is cost neutral, and the General Election for Mayor on November 3, 2026, is already scheduled.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council must take action on this item as required by law, but may either appoint someone to the vacant seat or let the vacant seat be filled at the General Election of November 3, 2026.
COORDINATED WITH
N/A
STAFF CONTACT
David Lim, City Attorney
(415) 421-8484
[email protected]
ATTACHMENTS
Attachment 2: Resignation Letter of Mayor Catherine “Cat” Moy