Agenda Item No. 13
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: December 9, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Robert Lomeli, City Attorney
SUBJECT: Procedure to Fill Vacant Council Seat
RECOMMENDATION
Provide direction to fill the Council seat vacated by the recall of Council Member Daniel Rushing.
BACKGROUND
The City Council has received certification of the recall election results for Council Member Dan Rushing, District 2, on December 9, 2024. Pursuant to Elections Code section 11328, the Council has a ministerial duty to declare the results of the recall election. Pursuant to Elections Code section 11382, there is not an automatic election for a successor in the recall of a local officer.
Instead, upon certification that a majority of votes were in favor of recall, the officer is removed and the seat becomes vacant.
Government Code Section 36512(b) establishes that when a vacancy occurs in an elective office, the Council must within 60 days from the commencement of the vacancy either call a special election or fill the vacancy by appointment. If the Council opts to hold a special election, it must be scheduled for the next regularly established election date that is no less than 114 days from when the special election is called. The next regularly established election date in March 2025 would not meet the statutory timeline requirements as it falls within the 114-day proscription period from when a special election could be called. Therefore, Council would need to establish an alternative date for holding the special election. This would not only result in an extended vacancy on the Council but would also incur significant costs to the City, estimated at approximately $300,000. The individual elected would then hold office for the unexpired period of Council Member Rushing’s term through December 2026.
If the Council chooses to fill the vacancy by appointment, pursuant to Section 36512(b)(2)(B), the appointed individual will hold office for the unexpired term of Council Member Rushing’s seat. The Council has historically used the appointment process for filling vacancies, most recently with the appointments of Council Member Weirick in January 2023 and Council Member Zimmerman in April 2023. While there are no statutory requirements dictating a specific appointment process, as this remains a policy decision of the Council, previous appointments have been conducted through various methods, including Council Member nominations, public applications with open session interviews, and selection from previous applicant pools. Notably, the Council has predominantly chosen to fill vacancies by accepting applications and conducting interviews during open session meetings.
Typically, when filling Council vacancies through appointment, the City will implement an application process. The City Clerk's Office will generally accept applications for a designated period from interested residents who can demonstrate their eligibility, which includes being at Staff Report: Procedure to Fill Vacant Council Seat Page 2 December 9, 2024
least 18 years of age, residing within the city limits (District 2 for this seat), and being a registered voter in the city. Once the application period closes, the City Clerk's Office reviews all submissions for completeness and eligibility requirements. Qualified applicants are then invited to participate in public interviews conducted during a special or regular City Council meeting, as required by the Brown Act. During the interviews, each candidate is typically allotted a specified time, usually 5-10 minutes, to present their qualifications and respond to a standardized set of questions from the Council. Following the interviews, Council Members engage in public deliberation and select an appointee through a majority vote. The selected individual is then sworn in at either the same meeting or the next regular Council meeting depending on the Council's direction.
Following the December 9, 2024 commencement of the vacancy by certification of election results, the Council must take action by February 7, 2024, either making an appointment or calling for a special election in accordance with Government Code Section 36512(b). If the Council choses to fill the vacancy by appointment through an application process, staff would recommend accepting applications through January 3 with the Council conducting interviews and making an appointment at the January 13, 2025 meeting. This timing would allow the new Council Member to begin shortly after the new year begins and enable them to attend the Cal Cities New Mayor and Council Member Academy in late January.
FISCAL IMPACT
Should the Council choose to hold a special election to fill the vacant Council seat, it is estimated the process will cost the City’s General Fund approximately $300,000. As this would not be a budgeted expense, the funding would have to come from General Fund reserves. There is no fiscal impact associated with filling the vacant seat by appointment.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Provide direction to fill the Council seat vacated by the recall of Council Member Daniel Rushing; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.