OPTIONS TO FILL
UNSCHEDULED
CITY COUNCIL VACANCY
DECEMBER 9, 2024
CITY COUNCIL REGULAR MEETING
ITEM 5.2
SUMMARY
◦ During the Special Meeting on December 9, 2024, the City Council reorganized, and the newly elected officials assumed their elected seats.
◦ During the reorganization, both Councilmembers Diallo and TorresO’Callaghan were re-elected to 4-year terms. ◦ Councilmember Paul Akinjo assumed his elected seat as Mayor. ◦ The vacating of Council Member Akinjo’s Council seat to Mayor leaves a vacancy with term ending December 2026.
◦ Government Code Section 36512(b) gives the City Council the option of filling the vacancy by appointment or calling a special election within 60 days of the vacancy.
OPTIONS
Pursuant to Government Code Section 36512(b), once a vacancy exists, the City Council has 60 days to choose one of the following options:
1. Fill the vacancy by special election
2. Fill the vacancy by appointment
Any person appointed to fill the vacancy must meet the same requirements as those nominated for election: a person must be a resident and registered voter in the City of Lathrop at the time nomination papers are issued. The registration forms of all persons receiving nomination papers will be verified with the San Joaquin County Registrar of Voters.
OPTION 1 Details
◦Fill the vacancy by special election, GC Section 36512(b)(1) states if the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.
◦Currently, Governor Newsom has not issued proclamations for upcoming statewide elections in 2025. Additionally, the San Joaquin County Registrar of Voters does not have any upcoming elections in 2025.
◦This would be a special election and not consolidated with any Federal, State, or County contests.
◦The City would be fully responsible for all costs incurred.
OPTION 1 Details (continued)
◦If Council wishes to proceed with this option, staff will prepare the appropriate resolutions and agreements with the SJ Co. Registrar of Voters office for consideration and approval at a Special Meeting on December 16, 2024. ◦ This special election will require candidates to engage in the candidate nomination process, the same process followed in the past election of November 5, 2024. The special election can be held in one of two manners:
a) A Special Election by all Mail Ballot - estimated at $100,000 to $125,000; or b) Special Election with Voter Information Guide, Mail in Ballot and in Person Polling Locations - estimated at $225,000 to $275,000.
◦If Council chooses Option 1, the election will likely take place in late Spring, only allowing the potential elected candidate to assume office for approximately +/-18 months.
OPTION 2 Details
◦Fill the vacancy by appointment until the next regularly scheduled general election to be held November 3, 2026. The City Council has two different methods when selecting a City Council appointee:
a) Appoint from the most recent election results considering the Candidate with the next highest number of votes; or
b) Solicit applications and conduct interviews prior to making the appointment.
OPTION 2 Details (continued)
◦ The council may choose to solicit applications and conduct interviews prior to making the appointment.
◦ A draft application was attached to the staff report packet for reference. ◦If the City Council wishes to fill the vacancy by appointment, the appointment can be made at any time within 60 days of the vacancy.
◦ Since the vacancy is effective this evening with the passage of the Resolution adopting the Election Results, it is recommended that the City Council hold a Special Open Session Meeting on January 6, 2025, to consider applications and make an appointment.
◦ Any person appointed to fill the vacancy must meet the same requirements as those nominated for election: a person must be a resident and registered voter in the City of Lathrop at the time nomination papers are issued. The registration will be verified with the SJ Co. Registrar of Voters.
OPTION 2 Details (continued)
◦ The attached resolution is prepared for the Council to select any of the options presented.
◦If the Council chooses Option 2a, the appointment is effective with the passage of the resolution attached. No further action is required. The appointee would assume their seat during the Regular Meeting in January. ◦If Council chooses Option 2b, the City Clerk would advertise the vacancy, and the next Council action would take place during the Special Open Session Meeting on January 6, 2025. The City Council would then consider applications and make an appointment. The appointee would assume their seat during the Regular Meeting in January.
COUNCIL DISCUSSION
Council to discuss and select option:
1. Fill the vacancy by special election
a) Special Election – Mail Ballot Only ($125,000)
b) Special Election – Full Process ($275,000)
2. Fill the vacancy by appointment
a) Appoint from the most recent election results considering the Candidate with the next highest number of votes
b) Solicit applications and conduct interviews prior to making the appointment.