Business Item 3a
STAFF REPORT
City Council Business Item
DATE: April 21, 2025
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Interviews and Appointment of Successor to Vacant City Council Seat STAFF RECOMMENDATION:
The Fortuna City Council:
1. Review applicants to fill the vacancy left on the City Council by former Council Member Jerry King:
2. Using a series of questions provided, interview, assess and discuss applicants; and
3. By motion, select and appoint a successor to fill the vacancy.
EXECUTIVE SUMMARY:
On March 12th Jerry King submitted his resignation from the Fortuna City Council effective immediately. His term would have expired at the end of 2028. The General Election in November 2026 will determine the seat. The seat will then be up for election again in 2028 in compliance with state law.
Section 36512(b) states if a vacancy occurs in an elective office, the Council shall, within 60 days from the commencement of the vacancy, either call a special election to fill the vacancy or fill the vacancy by appointment.
At the March 17, 2025 City Council meeting, the Council evaluated its options pursuant to the California Government Code and directed staff to open an application period from March 18, 2025 through April 18, 2025 at noon.
The application period closed on April 18, 2025 at noon with a total of seven (7) applications (Attachment 1) received. One (1) applicant was not a registered voter in the City of Fortuna. The remaining six (6) applicants have been confirmed to be qualified for the position (18 plus years of age and registered voter residing within the City of Fortuna).
INTERVIEW PROCESS
• In the interest of fairness to all applicants, only the applicant being interviewed will be present in the Council Chamber while all other applicants will remain in the Conference Room until called by the Council for their respective interview. The order of interviews will be completed by drawing names out of a hat.
• Once the applicant’s interview is concluded, they may remain in the Council Chamber to hear any remaining interviews and the City Council’s deliberations.
Business Item 3a
• The interview questions (Attachment 2) will be the same for all candidates. Candidates will be asked to provide a two-minute overview about themselves and why they are interested in serving on the City Council followed by questions from the Council. • Following the interviews, there will be an opportunity for public comment on this agenda item consistent with other Council agenda items. This will provide an opportunity for members of the public to speak about one or more candidates.
APPOINTMENT
The Council has flexibility in the process used in deciding on the appointment. The primary requirement, however, is that the deliberation and selection process be conducted in a public manner. Anonymous voting is not permitted.
Staff recommends proceeding on the “Order of Merit” process described as follows:
After interviews are conducted, and following an opportunity for public comment, each Council Member can provide their first, second and third applicant choices in writing to the City Clerk, and a 5-minute break will be taken to count written votes. Applicant choices from currently seated City Council members will then be shared after the 5-minute break. If there is consensus (at least three Council Members in favor of first applicant choice applicant), the Council may proceed to appoint the applicant by a motion and a vote.
If there is less than a majority for an applicant, the “Order of Merit” process would begin, and the Council’s second written choice will be reviewed. Applicants will be given three points for a first choice, two for a second. If, after two rounds, a top applicant can be identified, the Council should proceed with a motion to appoint (Table 1).
Table 1
Council
Member
Mike Johnson
Council
Member
Tami Trent
Council
Member
Kyle Conley
Council
Member
Carlos Diaz
First Choice
– 3 points
Applicant 1 Applicant 1 Applicant 3 Applicant 3 Tied
Second
Choice – 2
points
Applicant 3 Applicant 2 Applicant 1 Applicant 1
Results Points
Applicant 1 10
Applicant 2 2
Applicant 3 8
Applicant 1 wins
If a third round is needed, the Council’s third written choice would be reviewed, one point would be assigned for third place, and Council could appoint the top candidate by motion. (Table 2) Table 2
Council
Member
Mike Johnson
Council
Member
Tami Trent
Council
Member
Kyle Conley
Council
Member
Carlos Diaz
Business Item 3a
First Choice
– 3 points
Applicant 1 Applicant 1 Applicant 3 Applicant 3 Tied
Second
Choice – 2
points
Applicant 3 Applicant 2 Applicant 4 Applicant 1 Tied
Third Choice
– 1 point
Applicant 2 Applicant 4 Applicant 1 Applicant 2
Results Points
Applicant 1 9
Applicant 2 4
Applicant 3 8
Applicant 4 3
Applicant 1 wins
It should be noted this process, along with any other, could still potentially result in a tie given there are only four Council Members. If that were to occur, Council will need to consider how best to proceed to fill the vacancy.
The Council could also elect to use a different process in deciding on the appointment which ultimately must be made by a motion that is seconded and approved by a majority vote of the Council.
Once the Council reaches a decision on the appointment, the Oath of Office will be administered to the appointee and the newly appointed Council Member will be seated at the dais.
Lastly, pursuant to State law, the applicant appointed to the City Council will be required to file a Statement of Economic Interests (Fair Political Practices Commission - Form 700) reporting sources of income or financial interests for the appointed member, their spouse or registered domestic partner, or dependent children that are located in, doing business in, planning to do business in, or having done business within the City’s jurisdiction during the past two years.
ALTERNATIVES
The Council has the following alternatives to consider:
• Conduct interviews but do not make appointment and continue the appointment process to a subsequent date within the specified timeframe identified herein; • Provide alternate direction to staff.
FINANCIAL IMPACT:
The financial impact is not direct, however, there has been and will be considerable staff time in responding to and preparing for the City Council vacancy to be filled.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review questions with staff.
2. Open public comment.
3. Close public comment.
4. Motion to select and appointment [insert name] as successor to fill the City Council vacancy.
Business Item 3a
5. Roll call vote.
ATTACHMENT:
• Attachment 1 - Questions
• Attachment 2 – City Council Applications