CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: DISCUSS THE METHOD TO FILL A VACANT CITY
COUNCILMEMBER POSITION
SYNOPSIS
In light of the resignation of an elected City Councilmember, the City Council must, within 60 days from the commencement of the vacancy, either appoint a successor to fill the vacancy until the certification of the November 5, 2024 General (Municipal) Election, or call a special election to fill the vacancy. The Mayor has asked that the City Council discuss the method of filling the vacant position and provide direction to staff on how and when to proceed.
DISCUSSION
Background
California city councilmembers obtain their seats through election. In order to stand for election, a candidate must be a resident and registered voter of Pleasant Hill. No other qualifications are required or may be added by the City Council.
In instances in which an elected councilmember’s post is vacated prior to the end of their term, Government Code § 36512(b) provides that:
“(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
(1) 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. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
Councilmember Carlson submitted his letter of resignation effective December 31, 2022, which falls in the second half of his term of office, making § 36512(b)(2)(B) applicable should the Council choose appointment over calling a special election. Thus, by March 1, 2023, the City Council must either (1) appoint an individual to fill the position, in which case the appointee must meet the criteria for election set out above, or (2) call for a special election to allow voters to select a new councilmember. If the Council chooses option “1,” the appointed individual shall hold office until the City certifies the November 5, 2024 General (Municipal) Election.
Analysis
Selection of replacement councilmember
The Mayor has requested the Council discuss its options to fill the vacant city council seat. Each option is discussed separately below.
Appointment. If the Council chooses to appoint a new councilmember, its choices are confined to those individuals who would be eligible to serve as an elected councilmember; that is, individuals who are electors (registered voters) in the City. If this method is chosen, staff recommends the Council direct staff to post and publish notice of the availability of the position and accept application materials from interested persons over a brief period before conducting interviews and making a selection. The application process is not mandated by law, and the Council is free to craft its own process.
If the Council wishes, it may select one of the appointment options below:
1. Interview all applicants (including other candidates on the November 8, 2022 ballot who apply) at a public meeting and select a person for appointment.
2. Assign the task of interviewing all applicants (including other candidates on the November 8, 2022 ballot who apply) to the Council’s Interview and Nominating Committee (“Committee”), and:
a. Set the desired number of candidates for which the Committee shall forward a recommendation to the full Council; and
b. b. Interview all candidates recommended by the Committee at a public meeting and select a person for appointment.
Use of the Committee would add an intermediary step for which careful planning would be required, given the tasks to be completed by the deadline.
Election. Alternatively, instead of appointing an individual to complete the remainder of Councilmember Carlson’s term until the certification of the November 2024 election, the Council may call for the position to be filled by special election. This method would likewise only allow individuals to stand as candidates if they met the eligibility criteria. Selection of this option would mean the City would not have a new councilmember until certification of the November 7, 2023 special election (the next available date for a special election called in December 2022). At this time, the County does not have an election planned for November 7, 2023 so the estimated cost for the County to conduct a special stand-alone election for Pleasant Hill is $185,144 to $277,716 based on the number of registered Pleasant Hill voters as of November 21, 2022.
FISCAL IMPACT
If the Council decides to fill the vacant city councilmember position via appointment, costs would include minimal staff time and the costs of advertising the position. Should the Council decide to fill the current vacancy through a special election, Contra Costa County estimates a cost between $185,144 and $277,716 (based on the number of current registered voters) to provide election services.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council discuss the selection methods and provide direction to staff on how and when to proceed.
ALTERNATIVES TO RECOMMENDED ACTION
City councilmembers are essential officers of municipal government and a new one must be selected by law. The Council has a mandatory duty to choose to either appoint a new councilmember or call a special election for that purpose. No alternatives to this duty are available.
ATTACHMENT(S):
None
Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager