Fremont City Council Meeting: 09/03/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Elections
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5250) DOC ID: 5250
Updated: 8/29/2024 9:49 PM by Susan Gauthier Page 1
COUNCIL VACANCY - Consideration of Options for Filling a Vacant Council Seat Contact Persons:
Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]
Executive Summary: The following report presents potential options, processes and timelines for the City Council to consider regarding filling a City of Fremont Council seat vacancy.
BACKGROUND: On August 22, 2024, Councilmember Jenney Kassan announced her resignation from the Fremont City Council effective upon the appointment of a successor to her Council seat. The Council must take action to fill the vacant seat consistent with the rules/law outlined in California Government Code 36512 and City of Fremont Municipal Code section 2.05.090.
The City of Fremont has on different occasions over the past several decades, filled a vacant Mayor or City Council seat due to an incumbent resigning or vacating the seat. Most recently, the Council filled a vacant seat when (then) Councilmember Mei was elected as Mayor in 2016. The Council filled a vacant Mayor seat in 2012 after the death of Mayor Bob Wasserman, and a Councilmember seat in 2010 when Councilmember Bob Wieckowski was elected to serve as State Assemblymember representing the 20 th District. In each case, the Council filled the vacant seats via City Council appointment as opposed to convening a special election.
DISCUSSION/ANALYSIS: Consistent with Government Code and the City of Fremont’s Municipal Code, the City Council has 60 days from the commencement of the vacancy to do one of the following to fill the vacant City Council seat:
Council Appointment: If directed to implement this option, staff would require Council direction regarding the Council’s desired method of candidate review prior to an appointment, unless there was immediate consensus for the appointment, which is an option. Due to the timing of this vacancy, a Councilmember appointed by the Council would serve until the next general election (November 2026). In the event of a call for applications or nominations, and in order to adhere to the timeline established in the Government Code outlining how to fill council vacancies, the candidate review and appointment process would need to be complete within 60 days. Some options for a Council appointment process include:
• Initiating an open call for applications to all eligible and interested District 3 residents and appointing someone after a round of public City Council interviews • Accepting City Council nominations of District 3 residents and appointing someone after public City Council interviews
Council Staff Report (ID # 5250) Meeting of September 3, 2024 Updated: 8/29/2024 9:49 PM by Susan Gauthier Page 2
• Inviting applications from only those who ran for a District 3 Council seat in the last election and appointing one of those candidates after a round of City Council interviews
• Appointing the second highest vote-getter from the last District 3 election • Initiating an immediate vote for a candidate (if a majority of the Council supports a candidate and no further discussion or vetting is desired)
In the event of a call for applications, and in order to adhere to the timeline established in Government Code Section 36512(b) for filling council vacancies, a sample timeline for the appointment process is outlined below:
Sept. 4-13: Solicit applications/nominations
October 1: City Council meeting to review the submitted applications/nominations and consider the following review options:
• Appoint one of the applicants based on discussion and review of the applications;
• Identify the top 3-5 candidates to interview at a subsequent City Council meeting; or
• Decide to interview all candidates at a subsequent City Council meeting
October 8: Special City Council meeting to conduct interviews, review and discuss applicants, and select preferred candidate
October 15: Seat newly appointed Councilmember
A model application form is attached to this agenda item for City Council consideration if this method is selected.
Special Election: If directed to implement this option, the City would organize a special election to allow the public to vote on the replacement District 3 representative. The election would occur no less than 114 days of the Council decision/direction. A person elected to fill the vacancy via this method would hold office for the unexpired term of the former incumbent (November 2026). It is too late to conduct a special election in association with the already scheduled November 5, 2024 general election.
In order to participate in the next available special election, which would be held on March 4, 2025, a resolution would need to be filed with the Registrar of Voters Office no later than December 6, 2024. The next possible Mail Ballot election date would be May 6, 2025, with February 7, 2025 as the deadline to file a resolution.
• The expense of a stand-alone special election is $19-$21 per registered voter or potentially in excess of $350,000.
• If the election is restricted to mail-in vote only, the expense would be reduced to $9- $11 per registered voter, reducing the estimated expense to approximately $180,000.
• Staff is not aware of any other cost savings options that would apply to this potential election.
Council Staff Report (ID # 5250) Meeting of September 3, 2024 Updated: 8/29/2024 9:49 PM by Susan Gauthier Page 3
FISCAL IMPACT: Filling the vacant seat by Council appointment would not generate a fiscal impact. The City would incur costs between $280,000-$350,000 by proceeding with a special election rather than an appointment process depending upon the selected voting process.
ENVIRONMENTAL REVIEW: N/A
RECOMMENDATION: Direct staff to carry out the City Council’s preferred method to fill the District 3 Council seat via appointment or special election. If the Council seeks to fill the seat via appointment, direct staff as to the preferred methodology of appointment.