OATH OR AFFIRMATION OF ALLEGIANCE
FOR CITY COUNCILMEMBER
State of California
County of Kern
City of McFarland
The Execution of this Oath is required by Article XX, Section 3, of the Constitution of the State of California.
I, Amador Ayon, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will and faithfully discharge the duties upon which I am about to enter. .
Subscribed and sworn to before me
This 22nd day of December 2022
________________________________________________
Amador Ayon, Councilmember
________________________________________________
Francisca Alvarado, City Clerk
________________________________________
Kenny Williams, City Manager
OATH OR AFFIRMATION OF ALLEGIANCE
FOR CITY COUNCILMEMBER
State of California
County of Kern
City of McFarland
The Execution of this Oath is required by Article XX, Section 3, of the Constitution of the State of California.
I, Anita Gonzalez, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will and faithfully discharge the duties upon which I am about to enter. .
Subscribed and sworn to before me
This 22nd day of December 2022
________________________________________________
Anita Gonzalez, Councilmember
________________________________________________
Francisca Alvarado, City Clerk
________________________________________
Kenny Williams, City Manager
OATH OR AFFIRMATION OF ALLEGIANCE
FOR CITY COUNCILMEMBER
State of California
County of Kern
City of McFarland
The Execution of this Oath is required by Article XX, Section 3, of the Constitution of the State of California.
I, Saul Ayon, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will and faithfully discharge the duties upon which I am about to enter. .
Subscribed and sworn to before me
This 22nd day of December 2022
________________________________________________
Saul Ayon, Mayor
________________________________________________
Francisca Alvarado, City Clerk
________________________________________
Kenny Williams, City Manager
401 W. Kern Avenue
McFarland, CA 93250
661-792-3091 Office
661-792-3093 Fax
NOTICE OF CITY COUNCIL REORGANIZATION
Notice is hereby given that at a Special Meeting Called and Held on December 22, 2022, the City Council of the City of McFarland Reorganized as Follows:
Saul Ayon, Mayor (4-year Term Expires December 2026)
Amador Ayon, Councilmember (4-Year Term Expires December 2026) Anita Gonzalez, Councilmember (4-Year Term Expires December 2026) Ricardo Cano, Councilmember (2-Year Term Expires December 2024) Vacant Seat to be filled (2-Year Term Expires December 2024) Mayor Pro Tem Seat (To Be Determined)
Regular Meetings of the McFarland City Council are held every 2nd and 4th Thursday of each month, commencing at 6:00 p.m. in the City’s Council Chambers, located at 103 W. Sherwood Ave. McFarland, California 93250. www.mcfarlandcity.org
Dated: December 22, 2022
Francisca Alvarado
City of McFarland, City Clerk
401 W. Kern Ave
McFarland, CA 93250
(661) 792-3091 Ext 2135
[email protected]
CITY OF MCFARLAND
STAFF REPORT
TO: The Honorable Mayor, And Members of The City Council FROM: Kenny Williams, City Manager
DATE: December 22, 2022
SUBJECT: City Council discussion of options regarding the process for filling the vacancy on the city council and direction to staff regarding the same.
RECOMMENDATION:
Staff recommends the City Council discuss initial options regarding how to fill the vacancy on the City Council and provide recommendations to Staff regarding the same.
BACKGROUND:
Under State law the City Council is required to fill a vacancy on the City Council either by appointing another Councilmember or holding a special election. There are various options for appointment. Staff is requesting direction from the Council as to how to proceed.
By way of background, Councilmember Saul Ayon was elected to the Mayor seat, and has 2 years remaining in his term of office as a Councilmember. Councilmember Saul Ayon has vacated his Councilmember seat and accepted the mayor seat effective December 22, 2022. This has created a vacancy on the City Council that will need to be filled by a new member either by appointment, or by calling a special election. The person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November 2024.
This staff report outlines the Council’s options and seeks direction from the City Council regarding how to proceed with filling the vacancy.
Options for Filling Vacancies
Government Code Section 36512 establishes the means by which a City Council vacancy may be filled. The City does not have an ordinance requiring a certain method for filling a vacancy.
Consequently, under Section 36512(b), the City Council has the discretion to either (i) fill the vacancy by appointment or (ii) call for a special election.
The City Council must make this decision – to either fill the vacancy by appointment, highest vote getter or call for a special election – within 60 days after the vacancy is created.
Consequently, the City Council must either appoint a qualified individual to fill the vacancy or call for a special election by no later than Monday, February 20, 2023. As a practical matter this means that the Council only has three regular meetings to act (January 12, and January 26, and February 9, 2023) after this current meeting unless a special meeting is called.
Filling Vacancy by Appointment
If the City Council chooses to fill the vacancy by appointment, the specific method of appointment is within in the Council’s discretion, so long at the appointment is made within the 60-day time period. To be eligible, any person appointed must meet the minimum legal requires required to run for office. For the City of McFarland, these are:
• The candidate must be a registered voter of the City (including age requirements). • The candidate must maintain a legal residence or domicile within the City. • The willingness to be appointed.
In addition to the minimum qualifications, the City Council can consider a wide variety of other factors that may affect a potential appointee’s suitability to serve in office, including experience, background, etc.
When filling a vacancy by appointment, there are three common approaches that are used by many public agencies: (i) applications by interested persons; ii) the candidate with the next highest number of votes (next-highest vote getter); or iii) outright appointment (no application). (i) Application Method.
Under the “application” option, the City Council would establish an application period for appointee hopefuls to submit an official City application with the City Clerk, with the intention of making an appointment at a future Council meeting after consideration of the applications.
If Council wishes to fill the vacancy under this method, Staff request the Council provide direction such as:
• Notice: How notice is to be provided (publication in paper, posting, word of mouth, etc.). • Application content: Would the Council like to make any changes to the application? • Deadline for Submittals: When the applications should be submitted to the City Clerk? • Deadline for Distribution: When the applications should be provided to the Council (either prior to or concurrent with the agenda for the meeting)? Note: If the City Council opts to fill the vacancy by appointment, the Brown Act requires any interviews conducted by the entire City Council to be held in open session. (ii) Next-Highest-Vote-Getter Method.
Under this option, the City Council would appoint the candidate who received the highest number of votes in the election among the candidates who were not elected. (iii) Outright Appointment (No Application) Method.
Under this option, the Council may make an appointment without going through an application process. The appointee is legally required to meet the age, residency, and voter registration requirements, and must be willing to be appointed. If the Council is inclined to pursue this option, it can direct staff to place an item on the agenda for appointment at a future meeting. (iv) Other.
The City Council could also select another method of appointment, different from those discussed above.
Filling Vacancy by Special Election
Alternatively, the City Council may call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days calculated after the call of the special election. In other words, the special election must be at least 115 days or more after the date of the determination to hold the election. The exact cost of holding a special election is not known at this time. However, they typically start out $15,000 or more depending on the number of voters and other factors (a recent Bakersfield special election to fill a ward seat cost over $100,000).
Due to the cost of holding a special election, most cities fill vacancies by appointment.
City staff also recommend using the appointment method in order to avoid such costs. However, if the Council is unable to reach consensus on an appointment method or an appointee, staff recommends directing staff to make preparations to call a special election at a future Council meeting by no later than February 20, 2023.
FISCAL IMPACT:
There is a minimal fiscal impact associated with appointment other than certain Staff time, etc. If directed, Staff can attempt to obtain a more detailed estimate from the County as to the cost of holding a special election.
ATTACHMENTS:
- Sample Application
APPLICATION FOR APPOINTMENT TO CITY COUNCIL
OF THE CITY OF MCFARLAND
(Separate page(s) may be attached if additional space is needed however, all sections and all questions on this application form must be completed.)
1. Full legal name: ______________________________
2. Address of legal residence or domicile within the City (attach two utility bills or similar documents as proof of residency):
3. Contact information:
Phone Email
4. Occupation/Employer:
5. Are you a resident of the City of McFarland?
6. How long have you lived in McFarland?
7. Are you a registered voter and over 18 years old?
8. Are you disqualified, or have you been disqualified, by the Constitution or laws of the state from holding a civil office?
9. Have you ever been convicted of a felony involving the giving, accepting, or offering of a bribe, embezzlement or theft of public funds, extortion, perjury, or conspiracy to commit any such crime, under California law or the law of another state, the United States, or another country? If so, have you been granted a pardon in accordance with law?
10. Why do you wish to serve as a member of the City Council of the City of McFarland?
11. What would you bring in the way of perspective or experience to the City Council?
12. Describe your qualifications which will assist the City Council in evaluating your application:
13. Describe your involvement with the community in McFarland, including any community service:
14. Describe any prior governmental experience, including any ties to, or experience with, working with the City Council or City staff:
15. What is your vision for the City?
16. What do you perceive to be the primary issues facing the community now and over the next 2- 4 years? Do you have any ideas of how the community should approach solutions to these issues?
17. What do you believe is the responsibility of a City Councilmember to the general community? To developers or business? To the City Council?
18. Regular meetings of the City Council are on the 2nd and 4th Thursdays of each month starting at 6:00 p.m. Will you be able to attend regular Council meetings if appointed?
19. Will you be willing to serve on the City Council including any Council subcommittees or appointments to boards and commissions?
20. Please state any other information you would like to provide:
Next Steps:
• Please submit your completed application to: Francisca Alvarado, City Clerk, McFarland City Hall, 401 W. Kern Avenue, McFarland, CA 93250 or via email to [email protected].
• All applications must be received by the City Clerk by no later than 5:00 p.m. on, , 2023.
City Staff will then distribute the applications to the City Council. • The Council will be considering this matter at the regular meeting at 6:00 p.m. on Thursday... Please attend the meeting in person and be prepared to participate if requested by the City Council. The agenda and contact information will be posted by no later than evening on and can be found at https://www.mcfarlandcity.org/AgendaCenter.
During the meeting, the City Council may conduct any interviews, discuss, appoint, or continue the item to a subsequent meeting as may be appropriate.
Additional Information:
• If appointed, you will need to complete an FPPC conflict of interest form 700. • You may also be subject to a background check.
• If appointed, the City will provide orientation and opportunities for training including any training required by State law.
Acknowledgement:
I declare under the penalty of perjury that I am a registered voter with a legal residence or domicile within the City of McFarland. I also acknowledge and agree that the appointment to fill a vacancy on the City Council is a public process. As a result, this application may be used or released to the public subject to redaction of personal information by the City as appropriate. Further, I understand that as a potential candidate I may be subject to subsequent public interviews or discussion of the merits by the City Council during City Council meetings which are open to the public. Finally, I confirm that I will be able to attend and participate, including attendance of regular Council meetings, if appointed as a Councilmember.
Print Name:
Signature:
Date: